The following conditions apply to the use of Promosvilla.com
Effective Date: August 1st, 2016
- Acceptance of Terms and Conditions
Promosvilla.com provides a digital coupon marketplace in the United States of America the services which it provides via https://www.promosvilla.com (and any other websites with Promosvilla.com branding will link to these Terms and Conditions) Our Services, allow users to access coupons of certain third-party merchants (Merchants) for online or in-store use. By using the Services, you agree to comply with and be legally bound by the Terms and Conditions, whether or not you become a registered user of the Services. These Terms and Conditions govern your access to and use of the Services, and constitute a binding legal agreement between you and Promosvilla.com
In case you do not agree to these Terms and Conditions, please do not use the Services.
- Accessing the services
When using or accessing Promosvilla.com you confirm you understand of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. All postings to the Terms and Conditions will automatically contain your acceptance once you start using our services.
Unauthorized access, copying, reproduction, distribution, re-transmission, sale, exploitation, publication or any other form of transfer of any portion of the Site, Application or Services, including but not limited to all content services, digital products, tools or products, is hereby expressly prohibited.
3 Community Participation
To utilize certain portions of the Services, you may be required to complete a registration process and establish an account with Promosvilla.com (“Account”). You represent and warrant that all information provided by you to Promosvilla.com is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
For additional information on the Terms and Conditions of participating in our online community, please visit our Community FAQ.
4 Password and Security
As a user having an exclusive login ID you will get a user name and a password. You are solely responsible for maintaining the confidentiality and security of your account. You agree that you will be responsible for all actions and postings made from your Account(s). Any accounts you create are not transferrable. You agree to notify Promosvilla.com immediately if you become aware of any unauthorized use of your Account(s).
6 User Generated Content
Promosvilla.com does not pre-screen or regularly review all contributed content. However, Promosvilla.com has the right to check or remove any such content without any notice, for any content posted.
By posting such content you represent and warrant that (i) you have complete right to such posted content, including but not limited to any authorization, consent, license release, clearance etc. from any third party like, but not limited to, any release related to rights of privacy or publicity necessary for you to provide, post, upload, input or submit the posted content, or (b) such posted content is in the public domain, or (c) your use of such posted content constitutes fair use. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.
You agree that you will not to post any of the following types of disturbing content to the Site or Application: (a) adult content, sexual images, explicit or nudity (b) information or content implying or showing vulgar or obscene language; (c) content referring to illegal activities; or primarily political, religious, psychic, or metaphysical content; (d) information or content which promotes abuse, hate and destructive actions; (e) content intending for phishing or spreading malware; (f) content promoting pirated software; (g) content that is in some way affecting the personal opinion or in any way defames any individual or entity; (h) content that is against the law or regulation; or content which could be considered offensive, unsuitable and inappropriate or all as determined by us.
7 License to Promosvilla.com
By posting or contributing content to the Services, or by providing any feedback, suggestions, ideas, and other submissions to Promosvilla.com, you are granting Promosvilla.com a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Services, including, without limitation, (a) the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work, and (b) the right to sublicense any or all of Promosvilla.com’s license rights to others. You further waive any and all moral rights in and to such content in favor of Promosvilla.com. For complete certainty, which refers that, among other things, Promosvilla.com has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any whatever manner we choose, without any prior notice to you whatsoever.
8 Acts Against the Services
Promosvilla.com hereby grants you a limited, non-exclusive, non-transferable, license to access and use the Services as provided by Promosvilla.com solely for your personal use and enjoyment in the manner permitted by these Terms and Conditions and conditions. You shall not engage or be involved in potentially destructive acts directed against the Services like the following:
(a) Using the Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party; (b) causing, allowing, or assisting any other person to impersonate you; (c) sharing your password or login with any other person; (d) logging onto a server or Account(s) that you are not authorized to access; (e) creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity; (f) emulating or faking usage of the Services; (g) violating or attempting to violate any security features of the Services; (h) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Site; (i) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services; (j) interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Services; (k) causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Promosvilla.com; (l) tampering with the operation, functionality, or the security of the Services; (m) attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected; (n) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures; (o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services; (p) harvesting or collecting email addresses or other contact information of other users or clients from the Services by electronic or other means; (q) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services; (r) engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; (s) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (u) deep-linking to any portion of this Services without our express written permission; (v) acting illegally or maliciously against the business interests or reputation of Promosvilla.com or the Merchants promoted via the Services; (w) hyperlinking to the Services from any other website without our initial and ongoing consent; (x) using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Promosvilla.com; (y) reselling or repurposing your access to the Services or any purchases made through the Services; or (z) using the Services or any of its resources to solicit other users of the Services, Merchants or other business partners of Promosvilla.com to become associates of other online or offline services directly or incidentally competitive or potentially competitive with Promosvilla.com, including without limitation, aggregating current or previously offered coupons or deals.
Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancel-bots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation.
9 Parental Notice
Pursuant to 47 U.S.C. Section 230(d) as amended, Promosvilla.com hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors.
Promosvilla.com makes no representation or warranty as to the accuracy or fitness for use of any offers, including, but not limited to, discounts, rebates AND coupons etc. posted via the Services or that any third party will honor or acknowledge any such offers, coupons, rebates, discounts, etc. posted via the Services. Promosvilla.com is not responsible for providing any value for any offers, coupons, rebates, discounts, etc. posted via the Services.
Promosvilla.com is not responsible for the change of information at third party sites or stores including but not limited to rebate information, pricing, availability or fitness for use. You understand that Promosvilla.com does not and cannot review all material made available through websites linked or linking to any part of the Services.
Promosvilla.com does not warrant that the Services or any functions contained in Promosvilla.com content available via the Services will be uninterrupted or error free, that defects will be corrected, or that the Services or the server that makes them accessible are free of viruses or bugs. IN NO CASE SHALL PROMOSVILLA.COM OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S OFFERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER PROMOSVILLA.COM WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
12 Trademark Information
You agree that all of Promosvilla.com’s trademarks, trade names, service marks, and other logos and brand you agree not to display or use Promosvilla.com’s signage’s, logos or trademarks in any manner without the prior permission. Third-party trademarks are the property of their respective third-party owners. Presence of a third-party trademark on the Services does not mean that Promosvilla.com has any association with that third party or that such third party endorses the Services or Promosvilla.com.
13 Intellectual Property Ownership
All right, title and interest in the Services, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to these Terms and Conditions, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Promosvilla.com or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Services constitute a valuable trade secret and/or are the confidential information of Promosvilla.com or its licensors. Nothing in these Terms and Conditions or otherwise will be deemed to grant to you an ownership interest in the Services, in whole or in part.
All content and materials included as part of the Services, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the “Works”) are the property of Promosvilla.com, its licensors, or applicable third party rights holders (such as Merchants), and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
All works are copyrighted as exclusive works and as a collective work under patent law, international treaty provisions and Promosvilla.com owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part.
Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited.
In accordance with the Digital Millennium Copyright Act and other applicable law, Promosvilla.com maintains a policy of terminating, in appropriate circumstances and at Promosvilla.com’s sole discretion, account holders who are deemed to be repeat infringers. Promosvilla.com may also at its sole discretion limit access to the Service to any users and/or terminate the accounts of any account holders who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that any Content on the Service infringes upon any copyright that you own or control, you may file a notice of infringement with Promosvilla.com’s designated agent as set forth below.
Attn: DMCA Complaints Online Coupon Island Customer Support
Promosvilla.com may give notice of a claim of copyright infringement to users of the Service by means of a general notice on the Service, electronic mail to a user’s email address in its records, or by written communication sent by first-class mail to a user’s address in its records.
You will defend, indemnify and hold harmless Promosvilla.com, its subsidiaries and affiliates, and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
Disclaimer of Warranties
YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE WEBSITE AND YOUR INTERACTIONS AND DEALINGS WITH ANY SERVICE USERS, IS AT YOUR SOLE RISK. THE SERVICE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE WEBSITE OR SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Promosvilla.com AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Promosvilla.com DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY REGARDING Promosvilla.com THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability
NEITHER Promosvilla.com NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Promosvilla.com OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF Promosvilla.com AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $200. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Questions & Contact Information
If you have any questions or concerns about the Service, or these Terms, you may contact Promosvilla.com through our website or write us at:
Attn: Promos Villa Customer Support
Terms and Conditions
Last updated: August 1st, 2016.