Terms and Conditions
The following conditions apply to the use of SavingGain.com
Start: January, 1st, 2017
1) Acceptance of Terms and Conditions
SavingGain.com provides a digital coupon marketplace in the United States of America, United Kingdom, Australia, Canada, and Other Countries the services which it provides via http://www.savinggain.com (and any other websites savinggain.com branding will link to these Terms and Conditions) Our Services, allow users to access submit coupons of certain third-party merchants (Merchants) for online stores use. By using the Services, you agree to comply with and be legally bound by the Terms and Conditions, either or not you become a registered user of the Services. These Terms and Conditions control your access to and use of the Services and constitute a binding legal agreement between you and SavingGain.com
In case you do not agree to these Terms and Conditions, please do not use the Services.
2) Accessing the services
When using or accessing SavingGain.com you confirm you understand 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 develop, correct, 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 given. All postings to the Terms and Conditions will automatically contain your acceptance once you start using our services. Unauthorized approach, copying, recreation, trading, re-transmission, sale, exploitation, publication, or any other form of transfer of any portion of the Site, Application or Services, including but not finite to all content services, digital products, tools or products, is hereby specially prohibited.
3) Community Participation
To utilize certain portions of the Services, you may be needed to complete a registration process and authorize an account with SavingGain.com ("Account"). You represent and warrant that all information provided by you to SavingGain.com is present, accurate, and complete, and that you will maintain the accuracy and data with completeness of this information on time base.
For additional information on the Terms and Conditions of participating in our online community, please Contact Us.
4) Password and Security
As a user having an exclusive login ID you will get a user name and a password. You are individually responsible for maintaining the confidentiality and security of your account. You agree that you will be responsible for all actions and posts made from your Accounts. Any accounts you create are not shareable.
You agree to notify SavingGain.com immediately if you become aware of any unauthorized use of your Accounts.
6) User Generated Content
SavingGain.com does not pre-screen or regularly review all contributed content. However, SavingGain.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 permit that (a) you have complete right to such posted content, including but not finite to any authorization, consent, license release, approval clearance etc. from any third party like, but not limited to, any release relevant to rights of privacy or publicity mandatory for you to provide, post, upload, input or submit the posted content, or (b) such posted content is in the social domains, or (c) your use of such posted content constitutes fair use. You further represent and warrant that posting such content does not violate the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right accepted by any applicable jurisdiction of any person or entity, or otherwise establish 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 disgusting content to the Site or Application: (a) adult content, sexual images, explicit or nudity (b) information or content implying or showing disgusting or shocking language; (c) content referring to illegal activities; or primarily political, religious, psychic, or metaphysical content; (d) information or content which promotes abuse, hate and damaging 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 discredit 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 SavingGain.com
By posting or sharing content to the Services, or by providing any feedback, suggestions, ideas, and other submissions to SavingGain.com, you are granting SavingGain.com a non-exclusive, royalty-free, constant, 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 operate, 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 SavingGain.com's license rights to others. You further waive any and all moral rights in and to such content in favor of SavingGain.com. For complete certainty, which refers that, among other things, SavingGain.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
SavingGain.com hereby grants you a limited, non-exclusive, non-shareable, license to access and use the Services as provided by SavingGain.com solely for your personal use and pleasure 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 voilate 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 imitate 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 approach; (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 fraudulent usage of the Services; (g) violating or attempting to violate any security features of the Services; (h) using manual or automated software, devices, scripts, or other means or actions to access, "scrape," "crawl," or "spider" any pages contained in the Site; (i) introducing viruses, worms, software, Strong horses, or other similar harmful 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, overburden, "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 SavingGain.com; (l) tampering with the operation, functionality, or the security of the Services; (m) attempting to override or avoid 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 related system or network, or breach any security or authentication measures; (o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services; (p) gathering or saving email addresses or other contact information of other users or clients from the Services by electronic or other means; (q) reverse engineering, non compiling, disassembling, analyzing, or otherwise accepting to derive the source code for any underlying intellectual property used to provide the Services; (r) engaging in "framing," "mirroring," or otherwise affecting the appearance or function of the Services; (s) forging any IP/TCP packet header or any part of the header information in any e-mail or newsgroup posting; (u) deep-linking to any part of this Services without our written permission; (v) acting illegally or maliciously against the business interests or reputation of SavingGain.com or the Merchants promoted via the Services; (w) hyperlinks 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 seek, for any other commercial, political or religious purpose, or to compete, directly or indirectly with SavingGain.com; (y) reselling or repurposing your access to the Services or any purchases made by the Services; or (z) using the Services or any of its resources to seek other users of the Services, Merchants or other business partners of SavingGain.com to become associates of other online or offline services straightly or incidentally competitive or potentially competitive with SavingGain.com, including without limitation, aggregating current or previously offered Coupons and Discount Vouches and More 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 sateties 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, SavingGain.com hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may help you in limiting access to material that is
harmful to minors.
SavingGain.com makes no representation or warranty as to the accuracy or strength 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. SavingGain.com is not responsible for providing any value for any offers, coupons, rebates, discounts, etc. posted via the Services.
SavingGain.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 SavingGain.com does not and cannot review all material made available through websites linked or linking to any part of the Services.
SavingGain.com does not warrant that the Services or any functions contained in SavingGain.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.
IN NO CASE SHALL SAVINGGAIN.COM OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER
CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, DISCIPLINARY, 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 SAVINGGAIN.COM WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
12) Trademark Information
You agree that all of SavingGain.com's trademarks, trade names, service marks, and other logo's and brand you agree not to display or use SavingGain.com’s signage’s, logo's 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 SavingGain.com has any association with that third party or that such third party endorses the Services or SavingGain.com.
13) Intellectual Property Ownership
All right, name 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, business secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to SavingGain.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 SavingGain.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, logo's, graphics, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, and other material, and software (the "Works") are the property of SavingGain.com, its licensors, or applicable third party rights holders (such as Merchants), and is protected by copyrights, trademarks, business 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 concerted work under patent law, international treaty provisions and SavingGain.com owns a copyright in the selection, coordination, arrangement and improvement thereof. You may not modify, remove, delete, boost, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way accomplishment any of the Works, in full or in part.
Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or achievement, of the Works, except as specifically permitted herein, is strictly prohibited.
In accordance with the Digital Millennium Copyright Act and other applicable law, SavingGain.com maintains a policy of terminating, in appropriate circumstances and at SavingGain.com’s sole discretion, account holders who are deemed to be repeat infringers. SavingGain.com may also at its sole discretion limit access to the Service to any users and/or cancel the accounts of any account holders who infringe any cerebral property rights of others, whether or not there is any repeat infringement.
If you accept that any Content on the Service infringes upon any copyright that you own or control, you may file a notice of infringement with SavingGain.com
Attn: Digital Millennium Copyright Act (DMCA) Complaints SavingGain Contact US Page.
SavingGain.com may give notice of a claim of copyright infringement to users of the Duty 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 SavingGain.com, its subsidiaries and affiliates, and their respective directors, officers, agents, employees, licensors, and suppliers from and against any amount, 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 any rights of a third party.
Disclaimer of Warranties
YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE AND YOUR COMMUNICATIONS 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. SavingGain.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 SPECIAL PURPOSE, TITLE, AND NON-INFRINGEMENT. SavingGain.com DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION AND DATA, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY REGARDINGSavingGain.com, THAT IS NOT EXPRESSLY ESTABLISH STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTIN.
Limitation of Liability
NEITHER SavingGain.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 SavingGain.com OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR DESCRIBING 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 ACCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF SavingGain.com AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN COMMITMENT, TORT, OR OTHERWISE. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOT 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 SAPARATE 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 worries about the Services, or these Terms, you may contact SavingGain.com through our website or write us at: firstname.lastname@example.org
Terms and Conditions
Online Marketing Lab Solution.
Attn: SavingGain Customer Support
Last updated: JANUARY 1ST, 2017.