Terms of Service
Last updated on December 6, 2011
Welcome to Perkville! Perkville provides its services to you subject to the following Terms of Service (“TOS”), which may be updated by us at any time without notice to you. Changes will be effective upon the posting of the new TOS. You can review the most current version of the TOS at any time at http://www.perkville.com/terms/. You should revisit this page on a regular basis as revised versions will be binding on you. You agree that your use of Perkville after any changed TOS indicates your acceptance of the updated version.
- A “user” is someone who browses, accesses, scrapes, crawls or in any way uses Perkville.
- “You” and “Your” refer to you, a user of Perkville.
- “We”, “us”, “our”, and “Perkville” refer to Perkville, Inc., a Delaware corporation.
- “Services” refers to all services provided by Perkville, Inc. including its web site.
- “Content” includes text, audio, video, images, photos and all other forms of data communication.
- “Business” is a company that’s using Perkville services.
- “Customer” is a person that is a customer of a business on Perkville and that allows the business to have his or her email address.
- “Employee” is an employee of a business that’s using our services.
- “Contact information” includes a person’s or business’ email addresses, phone number and physical address.
- “Messages” include emails and text messages.
- “Reward program” includes all aspects of a business’ reward system on Perkville including its definitions for how customers earn and redeem points and its granting and redeeming of customers’ points.
- “Equipment” includes all equipment (e.g. iPad, keyboard, etc.) you obtain from Perkville.
- “Promotion” is a discounted product and/or service or combination of products and/or services sold by a business to users on Perkville.
- “Fine print” are the terms and conditions that businesses specify for their reward program and/or their promotions on Perkville.
- “Printed perk” is the term used to describe the voucher that can be obtained either by redeeming points or purchasing a promotion.
- “Expiration date” is the date on a printed perk that the printed perk expires.
- “Purchaser” is the user that buys a promotion on Perkville.
- “Commission” is the funds retained by Perkville as compensation to Perkville for the service of advertising and selling the promotions for a business.
You warrant that the following is true. You:
- Haven’t been removed or suspended from Perkville.
- Do not have more than one Perkville account at any given point in time.
- Are not a competitor of Perkville.
- Have full power and authority to enter into this TOS.
- Will not violate any other agreement to which you are a party.
You agree to the following when using Perkville:
- You are of legal age to form a binding contract.
- You are not a person barred from receiving Perkville services under the laws of the United States or other applicable jurisdiction.
- If you represent a business on Perkville, then you are an authorized representative of the business.
- You agree to provide true, accurate, current and complete information about yourself or the business you represent as prompted by Perkville.
- You are responsible for maintaining the confidentiality of your account password.
- You are responsible for all activities that occur in connection with your account.
- You agree to notify us immediately of any unauthorized use of your account.
- You are not impersonating someone else.
- You are not creating multiple accounts.
- You are not creating multiple business accounts for the same business.
We reserve the right to close your account at any time for any or no reason.
Perkville may not be used for sending unsolicited messages (“spam”) or for hosting of illegal or prohibited content. We closely monitor activity on Perkville to identify potential spammers. Any business or user found to be using Perkville to spam will have their account closed. You can contact us at email@example.com if you suspect any violators of this policy.
Businesses can give points to their customers through Perkville. By accepting this TOS, you agree to the following:
- You will only grant and redeem points if you are representing a legitimate and real business.
- You will only grant and redeem points to customers that have knowingly and voluntarily given you their contact information for the purpose of receiving rewards.
- You will fully notify the customer of the collection and use of their contact information.
- You will not grant or redeem points to non-specific contact information such as firstname.lastname@example.org, email@example.com, firstname.lastname@example.org and email@example.com.
Rights and Restrictions on Use
Perkville is protected by trade secret and other intellectual property laws. You are only granted the right to use its services and Perkville reserves all rights of ownership in the services not granted to you in writing here.
Perkville grants to you a personal, limited, nonexclusive, nontransferable right to use the services that is valid only for the period of use while your account is active, your payment obligations to Perkville are met and only for the purposes described by Perkville on its web site.
You agree not to use the services or content on this web site in a manner that violates any applicable law, regulation or this agreement. For example, unless authorized by Perkville in writing, you agree you will not:
- Provide access to or give any part of the services to any third party.
- Duplicate, copy, desconstruct, sell, trade, resell or reproduce the services unless otherwise authorized in writing by Perkville.
- Attempt to access any other Perkville systems that are not part of its services.
- Excessively overload Perkville systems.
If you violate any of these terms, this agreement and your right to use the services may be terminated by Perkville in its sole discretion.
You are legally responsible for all content you upload, post, store or write on Perkville. You will not hold Perkville responsible for any content that is lost or unrecoverable through the use of our services. Any users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism or any other activity proscribed by law may have their accounts terminated, their content erased and they may also be reported to law enforcement officials in the appropriate jurisdictions.
We are not responsible for the content you submit on Perkville. You agree not to use the services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Fraudulent, illegal, defamatory, libelous, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, inappropriate or objectionable content of any kind, including but without limitation to conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local, state, federal or foreign law.
- Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent’s consent in the case of a minor).
- Virus, Trojan horse, worm or other disruptive or harmful software.
- Any information, software or content which is not legally yours and may be protected by copyright or other proprietary right or derivative works without permission from the copyright owner or intellectual property rights owner.
You are responsible for updating and maintaining the accuracy and confidentiality of the account information you provide to us.
- Perkville will place a cookie on any computer from which you login to Perkville. When you revisit Perkville, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without you having to retype your password. To prevent someone else from accessing your account on a computer that you use, you agree to exit from your account at the end of each session if you expect someone else to use the computer from which you logged into Perkville.
- You agree to immediately notify Perkville of any unauthorized use of your password or account or any other breach of security.
- You agree that Perkville cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Inactive User Accounts and Businesses
We reserve the right to terminate unpaid accounts and businesses that are inactive for a continuous period of 120 days. We reserve the right to delete all data associated with such accounts and businesses.
Cancelling the Service
You may cancel the service at any time, with or without cause by emailing firstname.lastname@example.org. Cancellation will not alter your obligation to pay all charges made to your account.
We respect your right to ownership of content you provide to Perkville. You grant Perkville a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize the content, ideas, concepts and techniques you submit to Perkville, without any further consent, notice and/or compensation to you or to any third parties.
You agree to the following terms regarding reward programs submitted by businesses on Perkville:
- Businesses reserve the right, at their sole discretion, to modify, add, or remove any portion of their reward program, in whole or in part, at any time.
- Businesses may change, suspend, or discontinue any aspect of their reward program at any time or terminate it at any time. Businesses may, at their sole discretion, cancel your membership in their rewards program at any time.
- Businesses, in their sole discretion, may determine that certain services or items are not eligible for point accumulation. Businesses may change their list without notice.
- Businesses are not responsible for unredeemed points or points which are lost.
- Businesses make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability and timeliness of their reward program.
- You will not hold Perkville responsible for the behavior of businesses on Perkville.
- Reward programs on Perkville are provided by businesses "AS IS". To the fullest extent permissible by law, businesses make no representation or warranties of any kind whatsoever for their reward program on Perkville unless otherwise stated by the business. Businesses assume no responsibility and shall not be liable for any damages resulting from use of their reward program and any items obtained through their reward program. Businesses shall not be liable for any failure of their reward program which results from acts or events beyond businesses' reasonable control.
- In no event shall businesses be liable for any direct, indirect, special, punitive, consequential or other damages arising out of your use of their reward program.
- Businesses' failure to enforce any right or provision of this TOS will not be deemed a waiver of such right or provision.
The following terms apply to equipment provided to your business by Perkville such as iPads and iPad keyboards.
- Equipment remains the property of Perkville.
- You have no purchase rights or purchase options for the equipment under this agreement.
- You will use the equipment only to promote your reward program on Perkville.
- You will keep the equipment in good condition, normal wear and tear excepted.
- Perkville will repair or replace equipment that ceases to be able operate your reward program due to an equipment malfunction.
- You will ship the equipment to Perkville at your own expense if and when you stop using Perkville for your business.
You agree you will not do the following to the equipment:
- Remove, deface, or obscure Perkville's ownership labels.
- Install malicious software on the equipment.
- Purposefully damage the equipment.
- Steal the equipment.
Perkville enables businesses to sell promotions and users to purchase promotions on our site.
Buying a Promotion
When you buy a promotion you are agreeing to the fine print on the promotion. Unless otherwise stated at the time a promotion is purchased, the promotion price does not include sales, value added or use taxes, which may be charged to you separately by the business.
Access to Promotions
Perkville can be accessed from countries around the world. You understand that some or all promotions provided on Perkville may not be available for purchase to persons residing in certain jurisdictions or geographic areas. Perkville reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a promotion for any product or service to a person residing in any jurisdiction or geographical area. Perkville does not represent or warrant that any product or service promoted on Perkville will be available for purchase by any particular user.
Ineligible Purchases of Promotions
Some of the promotions are provided for a specific user or type of user (e.g. user that has not purchased from the business before) as specified in the promotion. Any attempt to purchase a promotion that you are ineligible for will void your purchase. This includes attempting to purchase a promotion using a false account or someone else’s account, credit card, address or any other method. Perkville will be the arbiter, in its discretion, as to whether any purchase indicates a violation of these rules.
Perkville will provide a refund of the purchase price paid by purchasers for a promotion if and only if the following conditions are met:
- The business did not fulfill its obligations specified in the “Business Responsibility for Promotions” section of this TOS.
- You send an email to email@example.com explaining why the obligations were not fulfilled.
- We independently verify that the business did not fulfill its obligations.
- The associated printed perk, if any, has not expired.
- Less than 181 days has transpired since the promotion was purchased.
Business Responsibility for Promotions
Perkville markets promotions and acts an as agent in selling promotions on behalf of businesses. But businesses are the issuer of their promotions. As issuer of their promotions, businesses shall agree to the following:
- The terms and conditions of the promotion, including any discounts for goods and services offered thereunder, comply with all, and do not and will not violate any, local, state or federal law, statute, rule or order, including but not limited to, any laws governing vouchers, gift cards, coupons, and/or gift certificates including but not limited to, the Credit Card Act of 2009 and any state or local laws governing the imposition of expiration dates, service charges, dormancy fees or other terms and conditions of the promotion.
- The promotion will not constitute false, deceptive or unfair advertising or disparagement under any applicable laws.
- The promotion upon being purchased shall be available immediately for redemption by the purchaser.
- Business shall allow the purchaser to redeem the promotion with business for the amount paid by the purchaser (i.e. the cash or redemption value of the promotion) for the applicable term specified under applicable state or federal Laws and shall allow the cash redemption of the promotion as required by applicable state or federal laws.
- Once a promotion is purchased and delivered to the user, the business shall be solely responsible for all customer service in connection with the purchased promotion and for supplying all goods and services specified in the promotion.
- Use of a promotion for alcoholic beverages is at the sole discretion of the business (which may be limited by applicable state or provincial law).
- The business shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a user, caused in whole or in part by the business or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed promotion (s).
- Business is registered for sales and use tax collection purposes in all countries and states in which business’ goods and services will be provided pursuant to the terms and presentation of the promotion.
- Business shall keep track of the cash amount paid by purchasers and any unredeemed balance of that cash amount.
- To the extent required by applicable abandoned or unclaimed property laws, the business is responsible for and agrees to report and pay over to the applicable local, state or federal governmental agency any unredeemed cash value of any purchased promotions.
Perkville reserves the continuing right, but shall not be obligated, to reject, revise, or discontinue publishing any promotion and to require businesses to edit or modify the same for any reason, including, without limitation, to conform the promotion to Perkville specifications or applicable laws.
Payment to Businesses for Sold Promotions
Perkville will pay each business on a monthly basis for promotions sold on their behalf. The amount Perkville will pay each business is equal to the following:
- Total value of promotions sold in the previous month.
- Less Perkville commission displayed on the Perkville web site or agreed to in writing by Perkville and the business.
- Less any refunds issued on behalf of the business in the period for which payment is being sent.
Printed Perk Terms
The following additional terms apply to all printed perks obtained through Perkville.
- By generating a printed perk either by purchasing a promotion or redeeming points on Perkville, a user acquires the right to use the corresponding printed perk issued by the participating business according to its fine print and this TOS. Whether you choose to redeem the printed perk is within your sole control and at your sole discretion.
- You agree that no cash back or credit will be issued for partial redemption of the printed perk, except as required by law.
- Printed perks cannot be combined with any other coupons or promotions unless otherwise noted in the fine print.
- Businesses must honor printed perks until the expiration date and longer if required by law.
- If the expiration date of a printed perk is prohibited under the law of the jurisdiction of the business location, then the printed perk will expire as early as is allowed under the law of the respective jurisdiction of the business location.
Business Responsibility for Printed Perks
Perkville enables users to acquire a printed perk by either purchasing a promotion or redeeming point. But the business is the issuer of the printed perk. As issuer of the printed perk, the business shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a user, caused in whole or in part by the business or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed printed perks.
The following terms apply for services offered on a subscription basis unless Perkville notifies you otherwise in writing. You will be subject to the monthly subscription fees in accordance with the fee schedule shown to you on our web site or provided to you in writing. The fees are based on the subscription tier you select. You will be charged the subscription price for the selected tier plus any overage charges if you go over your tiers allotted transaction limit. A transaction is counted each time a customer earns or redeems one or more points.
The price for the service excludes all taxes and phone charges, unless stated otherwise. You are responsible for any taxes that you are obligated to pay or that we may collect from you. You are responsible for all other charges (e.g. phone charges).
We may change the price of the service from time to time, but we will tell you before we do.
The following terms apply for all payments to Perkville unless we notify you otherwise in writing:
- You will be responsible for payment even if you are not actively using our service.
- Payments will be billed to you in U.S. dollars.
- Your account will be debited or invoiced at the appropriate time.
- If paying with a credit or debit card, you must pay with a valid credit or debit card acceptable to Perkville unless notified by Perkville in writing that a different payment method is acceptable.
- If paying by invoice, terms are NET 30 days from date of invoice subject. Payments that are delinquent 30 days or more from date of invoice are subject to interest charges at 18% per year but not exceeding the maximum lawful rate.
- We may suspend or terminate your account and refuse any use of our services if your payment and/or registration information is not accurate, current or complete.
You agree to indemnify and hold Perkville and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit, modify or otherwise make available through Perkville services, your use of the Perkville services, your violation of the TOS or your violation of any rights of another.
DO NOT RELY ON PERKVILLE, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR PERKVILLE AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY PERKVLLE OR ANYTHING RELATED TO PERKVILLE, YOU MAY CLOSE YOUR PERKVILLE ACCOUNT AND TERMINATE THIS AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. PERKVILLE SHALL NOT BE RESPONSIBLE FOR LOSS OR DAMAGE TO A BUSINESS' PROPERTY OR INJURY OR DEATH TO PERSONS.
PERKVILLE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR REWARD PROGRAMS OF BUSINESSES ON PERKVILLE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE, OR TECHNOLOGY.
PERKVILLE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, PERKVILLE DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
PERKVILLE DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. PERKVILLE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, PERKVILLE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE PERKVILLE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
Limitation of Liability
Neither Perkville nor any of our affiliated companies, employees, shareholders, or directors shall be liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a service, if any, or US $200, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the service or any of the content or other materials on, accessed through or downloaded from Perkville. This limitation of liability shall:
- Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
- Not apply to any damage that Perkville may cause you intentionally or knowingly in violation of this agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
These TOS will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the TOS to be unenforceable, the remainder of the TOS will continue in full force and effect. These TOS constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the TOS). Any waiver of any provision of the TOS will be effective only if in writing and signed by an authorized representative of Perkville.
Questions about the TOS should be addressed to firstname.lastname@example.org or by mail at: Perkville, Inc., 48 Sanchez St., San Francisco, CA 94114 USA.
Questions about billing should be addressed to email@example.com.