Terms Of Use

Last Updated September 9, 2012

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY SMARTSHOPPR, INC., DOING BUSINESS AS SIFT ("SIFT" OR "US"). THIS TERMS OF USE SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://SIFTSHOPPING.COM (THE "SITE") AND THROUGH ANY SIFT MOBILE APPLICATION ("MOBILE APP," WITH THE SITE, THE "SERVICES").

INTRODUCTION

By using the Services, you agree to be bound by the terms and conditions contained herein (the "Terms of Use"), which also incorporate Sift's Privacy Policy all other operating rules, policies and procedures that may be published from time to time on the Site by Sift, each of which is incorporated by reference and each of which may be updated by Sift from time to time without notice to you in accordance with the terms set out below. In addition, some services offered through the Services may be subject to additional terms and conditions specified by Sift from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Terms of Use by this reference. If you do not agree to the terms and conditions contained in this Terms of Use, you may not access or otherwise use the Services.

We may, in our sole discretion, modify this Terms of Use with or without notice to you. The "Last Updated" date at the top of this Terms of Use will indicate when the latest modifications were made. By continuing to access and use the Services after this Terms of Use has been modified, you are agreeing to such modifications. Therefore, you should review this Terms of Use prior to each use of the Services. In addition, when using particular services or features or making purchases on the Services, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into this Terms of Use.

You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, this Terms of Use and register for the Services. The Services are not available to individuals who are younger than 13 years old, and you may not use the Services in connection with any website or mobile game application that is directed toward individuals who are younger than 13 years old. Sift may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that this Terms of Use is in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where this Terms of Use or use of the Services is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.

DESCRIPTION OF THE SERVICES

Sift is an online and mobile service that aggregates shopping information such as sales, deals, promotions, transaction confirmations, videos, photos and other shopping content (collectively, the "Content") to allow you to easily browse and share this Content. We also will give you targeted promotional offers and advertisements for discounts on products or services based on your purchase patterns and Site usage.

Sift is for personal use only and is forbidden from use for commercial purposes unless specifically authorized by an authorized representative of Sift in a separate written agreement.

INFORMATION PROVIDED BY USERS

It is your responsibility to provide accurate, current and complete information in connection with your registration for use of the Site. Sift is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.

Your use of the Services must be in accordance with any and all applicable laws and regulations. If we decide that any of these terms have been violated we have the right to terminate or suspend your account and username.

ELECTRONIC COMMUNICATIONS

When you use the Site or Services you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, mobile notifications or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

The Site and Services are operated offered by Sift from its facilities in the United States of America. Users who access or use the App or Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws.

USING THE SITE

  1. Who can use the Site. You may use the Site only if you can form a binding contract with Sift, and only in compliance with these Terms of Use and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Application by anyone under the age of 13 is strictly prohibited. Because we respect the Sift community, the Site is not available to any users previously removed from the Services by Sift.
  2. Changes to the Services. We are always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, we may, without prior notice, change the Services; add features, stop providing the Services or features of the Services, to you or to users generally; or create usage limits for the Services.
  3. Your interactions with other Users. Please keep in mind that you are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users. Sift will have no liability for your interactions with other users, or for any user's action or inaction. Please help to make Sift a positive and respectful community.

SHARING YOUR CONTENT

  1. Your content. Sift allows you to save and post content on the Site, including photos, comments, and other materials. Anything that you post, display, or otherwise make available on the Services, including all Intellectual Property Rights (defined below) in such content, is referred to as "User Content." You retain all of your rights in all of the User Content you post to the Services. Sift does not have responsibility or liability for User Content.
  2. How Sift and other users can use your content. Subject to any applicable account settings you select, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, modify (e.g., re-format), re-arrange, and distribute your User Content on the Site for the purposes of operating and providing the Services to you and to our other users. Nothing in these Terms of Use shall restrict Sift's rights under separate licenses to User Content. Please remember that the Services is a public platform, and that other Users may search for, see, use, and/or re-save any User Content that you make publicly available through the Services.
  3. How long we keep your content. Following termination or deactivation of your account, or if you remove any User Content from your account, Sift may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Sift and other users may retain and continue to display, reproduce, re-save, modify, re-arrange, and distribute any of your User Content that other users have re-pinned to their own boards or which you have posted to public or semi-public areas of the Services.

ACCOUNT

  1. Sift accounts. Creating an account with Sift gives you access to the Site in our sole discretion. We may maintain different types of accounts for different types of users. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use, and that you agree to these Terms of Use on the entity's behalf. You agree not to use user names that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name at any time and for any reason in our sole discretion.

    By connecting to the Site with a third-party service (e.g., Facebook, Twitter, Google, Yahoo, Hotmail, AOL or an email service), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service and store, analyze, order and organize your purchase history, shopping relating emails and activities (e.g., sales, deals, offers, news and promotions, subscriptions), in accordance with our Privacy Policy, to make your life easier and provide a more enjoyable experience.

  2. Terminating your account. You may close your account at any time by sending an email to support@siftshopping.com. We may permanently or temporarily terminate or suspend your user account or access to the Services for any reason, without notice or liability to you, at our sole discretion if you violate any provision of these Terms of Use, or for no reason.
  3. Your responsibility for your account. When you create your Sift account, you must provide us with accurate and complete information. Please be sure to provide us with up to date contact information for you so we know how to reach you. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. As a user of the Site it is under your discretion to safely store your account name and password. You have full responsibility for the actions that occur with your account and password. Part of this agreement is that you not hold Sift liable for any damages or loss that may occur from your improper safekeeping of your account name and password. If you find any misuse, please contact Sift immediately at support@siftshopping.com.

PROHIBITED CONDUCT

You agree not to post User Content that:

You agree not to engage in any of the following prohibited activities:

Sift reserves the right, but is not obligated, to remove any User Content for any reason or for no reason, including User Content that Sift believes violates these Terms of Use. Sift may also permanently or temporarily terminate or suspend a user account without notice and liability for any reason, including if, in Sift's sole determination, a user violates any provision of these Terms of Use, or for no reason.

YOUR USE OF THE SERVICE

Legally, only you can access your account. The accuracy of your account is what allows us to provide complete information to you within the Services. The Services are reliant upon your account being maintained and all necessary information being updated and corrected for any changes. It is possible that at some point the Services may be receiving updates, regular maintenance, needs equipment upgrades or experiences equipment malfunction and access to the Services may be affected.

Without authorization by Sift, you are prohibited to reproduce, publish, distribute or exhibit publicly the information and materials provided on Sift, including the Content, in whole or partial form.

Your Sift account is yours and non-transferrable to any other party, person or entity.

RIGHTS GRANTED TO US

Our ability to provide you with the Services is dependent upon your submission of personal data that includes passwords, log-in information, data and other content to Sift, through the Services, with the sole purpose of providing you with the Services and we may not use the information for any other purpose. Your submission of the data is confirmation that you are allowed to grant us the information and understand that Sift has no obligation to pay any fees to you. The only instance where we may need to access, preserve or disclose this information is if we are required by law or if such access, preservation or disclosure is reasonably necessary to:

Your usage of the Services is authorization for Sift to access your information maintained by identified third parties (for example, the retailers, merchants and online retailers that send email receipts, email transaction confirmations, email offers or other information), on your behalf as your agent. Specifically for purposes of this Agreement and solely to provide the Services to you, you grant Sift a limited power of attorney, and appoint Sift as your attorney-in-fact and agent, to access third-party websites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You acknowledge and agree that Sift's access and retrieval of information from third-party websites is Sift acting as your agent, and not as the agent of or on behalf of the third party.

ADVERTISEMENTS

Sift is a free service to users and in order to support our operations we may display advertisements and promotions while you use the Services. These advertisements could be targeted to specific content as part of the Services. Sift has no responsibility or liability for any potential loss or damages incurred as a result of the presence of such advertisers on Sift or your subsequent dealings with these advertisers.

MOBILE APP

We make available the Mobile App to access the Services via a mobile device. To use the Mobile App you must have a mobile device that is compatible with the Mobile App. Sift does not warrant that the Mobile App will be compatible with your mobile device.

COPYRIGHT POLICY

We respect the intellectual property rights of others and require that users of the Services do the same. If you believe that your proprietary work has been copied in a way that constitutes copyright infringement, please forward the following information to Sift at legal@siftshopping.com designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(2), named below:

  1. A physical signature of the person authorized to act on behalf of the owner of the copyright;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Services;
  4. Your address, telephone number, and email address;
  5. 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; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

SUGGESTIONS

If you plan on submitting a suggestion or have already, we hope that you understand and acknowledge a few important points.

PRIVACY AND SECURITY

We care about the privacy and security of our Users. You understand that by using the Site you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your Personally Identifiable Information collected, used, transferred to and processed in the United States. While we work to protect the security of your content and account, the Sift cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You acknowledge that you provide your information at your own risk.

LINKS, THIRD PARTY WEBSITES

Links on the Services to third party websites and applications are provided only as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third party websites or applications are solely between you and such third parties. You agree that Sift will not be responsible or liable for any content, goods or services provided on or through these outside websites or applications or for your use or inability to use such websites or applications. You will use these links at your own risk. You are advised that other websites on the Internet and mobile applications, including third party websites and applications linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Sift expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.

Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, advertisers or third party applications found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party application provider. You agree that Sift shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party application providers on the Services.

Sift is not responsible for any product or service (including third party applications) sold on or through the Services or any claims of quality or performance made on or through the Services.

RIGHTS / OWNERSHIP OF MATERIALS

The data and materials on the Services, including, without limitation, the text, graphics, interactive features, logos, videos, software, and all other audible and visual materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Services (collectively, the "Materials") are the intellectual property of Sift or of the copyright and/or trademark owner. The Materials are protected by copyright, trade dress, patent, trademark and other laws, international conventions and proprietary rights and all ownership rights to the Materials remain with Sift or the copyright and/or trademark owner. All trademarks, service marks, and trade names are proprietary to Sift or its copyright and/or trademark owners, its affiliates and/or third party licensors. Except as expressly authorized by Sift or its copyright and/or trademark owner, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make use of the Materials. If, with authorization, you download or print a copy of the Materials for personal use, you must retain all copyright, trademark, or other proprietary notices. Sift reserves all rights not expressly granted in and to the Services and the Materials.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

The information and materials contained in this website, including text, graphics, information, links or other items are provided "as is", "as available". EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS TERMS OF USE, SIFT, ITS SUBSIDIARIES AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, "SIFT AND ITS AFFILIATED PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE, THE MOBILE APP OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

SIFT AND ITS AFFILIATED PARTIES PROVIDE THE SERVICES ON AN "AS IS" BASIS AND GRANT NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. SIFT DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.

LIMITATIONS ON SIFT'S LIABILITY

SIFT AND ITS AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY LIABILITY (A) AS A PUBLISHER OF INFORMATION, (B) FOR ANY INCORRECT OR INACCURATE INFORMATION, (C) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (D) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (E) FOR ANY OTHER MATTER RELATING TO THE SERVICE OR ANY THIRD PARTY WEBSITE OR APPLICATION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SIFT AND YOU. THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE MAXIMUM LIABILITY OF SIFT AND AFFILIATED PARTIES FOR ANY REASON, FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO $500. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID SIFT ANY AMOUNTS FOR ANY INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SIFT IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Sift and its Affiliated Parties against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the Services, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Services, your breach of this Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Services. Sift reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Sift in asserting any available defenses.

APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION

The Services are controlled and operated by Sift from within the United States of America, and is intended for use only by residents of the United States. Sift makes no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Services will be available outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

The formation, construction and interpretation of this Terms of Use shall in all respects be governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to any principles of conflicts of laws. This Terms of Use shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this Terms of Use. Any dispute with Sift, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of California within the county of San Francisco, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Sift may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Sift is able to offer the Services at the terms designated, and that your assent to this provision is an indispensable consideration to this Terms of Use. You also acknowledge and understand that, with respect to any dispute with Sift, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Services or this Terms of Use: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. All claims you bring against Sift must be resolved in accordance with this Section. All claims filed or brought contrary to this Section shall be considered improperly filed and a breach of this Terms of Use. Should either party file a claim contrary to this Section, the other party may recover attorneys' fees and costs, provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.

COPPA COMPLIANCE

Sift will not knowingly allow the collection of any information from children under 13. We take the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. Any misrepresentations regarding your age or parental consent when using this Site are not the responsibility of Sift. If we determine that you provided false information to us when using this Site, we will cancel your Services immediately.

SEVERABILITY; INTERPRETATION

If any provision of this Terms of Use shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Terms of Use, the term "including" shall be deemed to be followed by the words "without limitation."

ENTIRE AGREEMENT

This Terms of Use, including the Privacy Policy and other policies incorporated herein, constitutes the entire and only agreement between Sift and each user of the Services with respect to the subject matter of this Terms of Use and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Terms of Use.

MISCELLANEOUS

The failure of Sift and its Affiliated Parties to insist upon strict adherence to any term of this Terms of Use shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Terms of Use.

You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services or this Terms of Use must be filed within one year after such claim or cause of action arose, or will be forever barred. The "Disclaimer of Representations and Warranties" and "Limitations on Sift's Liability" provisions of this Terms of Use are for the benefit of Sift and its Affiliated Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

CONTACT INFORMATION

If you have any comments, questions, or complaints regarding this Terms of Use or the Services, or wish to report any violation of this Terms of Use, please contact us by email, or by phone at 415-448-SIFT. We will address any issue to the best of our abilities as soon as possible.