September 1, 2011
News America Marketing Interactive L.L.C. and, in Canada, News Marketing Canada Corp. (collectively, "SmartSource" or "we") www.smartsource.ca, the SmartSource branded application and microsites hosted by SmartSource that are linked from business partner websites (collectively, the "SmartSource Site"). The services SmartSource provides on the SmartSource Site allow users to obtain coupons and free product samples from SmartSource and its product partners, to enter contest, sweepstakes and promotions, and to enjoy any other features, content or applications offered from time to time by SmartSource in connection with SmartSource's business, including when the SmartSource Site is accessed via the Internet, mobile, applications or other methods (collectively, the "SmartSource Services"). SmartSource is based in the United States and the SmartSource Services are hosted in the United States. SmartSource is a part of the United States based operations of News Corporation.
SmartSource furnishes the SmartSource Site and the SmartSource Services for your personal enjoyment and entertainment. By visiting the SmartSource Site or using the SmartSource Services, you accept and agree to be bound by this Agreement, including any future modifications ("Agreement"), and to abide by all applicable laws, rules and regulations ("Applicable Law"). Please read through this Agreement carefully. SmartSource may modify this Agreement at any time, and each such modification will be effective upon posting on the SmartSource Site. All material modifications will apply prospectively only. Your continued use of the SmartSource Site or the SmartSource Services following any such modification constitutes your acceptance and agreement to be bound by the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the SmartSource Services immediately. You may receive a copy of this Agreement by emailing us at: firstname.lastname@example.org. Your access to and use of certain SmartSource Services may require you to accept additional terms and conditions applicable to such SmartSource Services, in addition to this Agreement, and may require you to download Software or Content (each as defined below).
Eligibility for SmartSource SiteRegistration and Account Security
Use of the SmartSource Services is limited to users aged 13 years and above. All registration information you submit to receive New Coupon Alerts or other communications must be accurate and must be kept updated.
SmartSource reserves the right to limit the number of coupons or offers that may be printed or downloaded from the SmartSource Site by any one computer.
This Agreement remains in full force and effect while you use the SmartSource Services. You may terminate your registration on for New Coupon Alerts at any time, for any reason, by contacting us at email@example.com. SmartSource may terminate your account and/or access to the SmartSource Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your user account or access to the SmartSource Services is terminated, this Agreement will remain in effect. You agree that your account is non-transferable and any rights to your account terminate upon your death.
Your Use of SmartSource Services Not Transferable
The SmartSource Services are offered for your personal use only and may not be used for commercial purposes nor may any of the SmartSource Services (including without limitation coupons, offers, samples, etc.) be sold, transferred, marketed or otherwise conveyed by you to anyone else.
Unlawful and Prohibited Use
Product and Service Availability
The SmartSource Site may contain references to products and services that may not be available in your jurisdiction.
Copyrights and Other Intellectual Property
SmartSource respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. SmartSource has a policy of terminating repeat infringers' access to the SmartSource Services in appropriate circumstances.
If you believe that any material residing on or linked to from the Site infringes your copyright, please send SmartSource's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the SmartSource Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. SmartSource's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, News America Marketing Interactive, 1211 Avenue of the Americas, New York, New York 10036; Facsimile: (212) 852-7217; Email: firstname.lastname@example.org.
Third Party Links and Services and Advertisements
If you are interested in creating hypertext links to the SmartSource Site, you must submit your request to email@example.com and receive a positive email confirmation from SmartSource or News America Marketing ("NAM") before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of SmartSource or NAM, including their respective employees, agents, directors, officers and shareholders.
The SmartSource Services are provided "AS-IS" and "as available" and SmartSource does not guarantee or promise any specific results from use of the SmartSource Services. SmartSource expressly disclaims any representations, warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of design, merchantability, fitness for a particular purpose or title, any warranties arising from a course of dealing, use, or trade practice or any warranties of non-infringement of any third party's patent(s), trade secret(s), copyright(s) or other intellectual property rights. In particular, SmartSource makes no warranty that your use of the SmartSource Services will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the SmartSource Services or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will SmartSource be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the SmartSource Services, problems or technical malfunction in connection with use of the SmartSource Services, attendance at a SmartSource event, any material downloaded or otherwise obtained in connection with the SmartSource Services, any third party advertisement or Third Party Service posted on, through or in connection with the SmartSource Services, or the conduct of any users of the SmartSource Services, whether online or offline. Your use of third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. Third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of SmartSource.
Limitation on Liability
IN NO EVENT WILL SMARTSOURCE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SMARTSOURCE SERVICES, EVEN IF SMARTSOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SMARTSOURCE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SMARTSOURCE FOR THE SMARTSOURCE SERVICES DURING THE TERM OF YOUR USE OF THE SMARTSOURCE SERVICES.
U.S. Export Controls
Software available in connection with the SmartSource Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the SmartSource Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
The Agreement will be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and SmartSource agree to submit to the exclusive jurisdiction of the courts located in New York, New York to resolve any dispute arising out of the Agreement or the SmartSource Services. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.
You agree to indemnify and hold SmartSource, its Affiliated Companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the SmartSource Site or the SmartSource Services, your breach of this Agreement, your violation of any rights of another or any content that you post or otherwise submit on, through or in connection with the SmartSource Services.
SmartSource may, from time to time, post SmartSource employment opportunities on the SmartSource Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to SmartSource in response to employment listings, you are authorizing SmartSource to utilize this information for all lawful and legitimate hiring and employment purposes. SmartSource also reserves the right, at its sole discretion, to forward the information you submit to its Affiliated Companies for legitimate business purposes. Nothing in this Agreement or contained in the SmartSource Services will constitute a promise by SmartSource to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the SmartSource Services constitute a promise that SmartSource will review any or all of the information submitted to it by users of the SmartSource Services.
The failure of SmartSource to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The Section titles in this Agreement are for convenience only and have no legal or contractual effect. SmartSource is a trademark of SmartSource, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: firstname.lastname@example.org with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
© 2011 News America Marketing Interactive L.L.C. All Rights Reserved