As used herein, the term "personal information" means information that specifically identifies an individual (such as a name, address, telephone number, mobile number, e-mail address or credit card number) or information about an individual that is directly linked to personally identifiable information. Personal information does not include "aggregate" information, which is data we collect about the use of the nFluence Sites or about a group or category of services or users, from which individual identities or other personal information has been removed. This Policy in no way restricts or limits our collection, use and disclosure of aggregate information.
We collect information from you in various ways when you use our Sites. For example, we collect information you voluntarily provide to us, such as when you create an account or advertar(s), provide comments about specific brands or stores, send us an email, fill out a form or request information. Such information may include personal information, such as your name, email address, photos, brand preferences, information about the ads you like, dislike, click on, save and/or share with others, and other contact information you choose to provide. We may also collect your location information, demographic information and information about your brand preferences if you choose to provide such information.
When you use our Sites, some information may also be automatically collected, such as your Internet Protocol (IP) address, unique device identifier ("UDID"), browser type, browser language, and access times etc. We may also automatically collect your location information if you consent to such collection. We may treat the foregoing information as personal information if we combine it with or link it to any of the identifying information mentioned above. Otherwise, it may be used in the aggregate only.
We may use the personal information we collect for the purposes described in this Policy or for purposes elsewhere on our Sites. For example, we may use personal information:
We may store and process personal information in the country from which it was collected, in the United States and other countries.
We will not share the personal information we collect from you with third parties, except as described in this Policy. For example, we may share personal information as follows:
You understand that when you use the Sites, information you post in any profile, comments, forums and other interactive features of the Sites, as well as any information you share with individuals through the mobile application or through social network sites, will be available to other users and in some cases may be publicly available (e.g., when you choose to display an ad you "like" on Facebook or Twitter).
We are not responsible for the actions of Service Providers or other third parties, nor are we responsible for any additional information you provide directly to any third parties, and we encourage you to become familiar with their privacy practices before disclosing information directly to any such parties. Nothing herein restricts the sharing/selling of aggregated or anonymized information, which may be shared/sold with third parties without your consent.
With respect to data transferred from the European Union to the United States as part of our service we adhere to the Safe Harbor Program jointly developed by the European Union and the United States (see http://www.export.gov/safeharbor/ for more information). We collect, use, disclose and protect users', employees' and our independent contractors’ information in accordance with the Safe Harbor Privacy Principles. If you believe that we have not handled your personal information in conformance with these Principles, you may direct your complaints to our internal grievance processor at SafeHarbor@nfluence.com or to:
Direct Marketing Association
Attn: Safe Harbor Program
1615 L St, NW Ste 1100
Washington, DC 20036-5624
To learn more about the Safe Harbor program, and to view nFluence media, inc.’s certification, please visit http://www.export.gov/safeharbor/
We take reasonable measures to help protect your personal information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration and destruction.
You may "opt out" of receiving marketing or promotional emails from us by following the instructions in those emails or by emailing us at firstname.lastname@example.org. If you opt out, we may still send you non-promotional emails, such as emails about your account or our ongoing business relations. You may opt out of further collection of you location information by requesting we delete your account by emailing email@example.com.
You may also change your contact preferences by requesting that we update, change or delete your information by emailing firstname.lastname@example.org.
Service. The Sites collect information that you provide or permit to be collected. nFluence uses that information to provide you with information about third-party advertisements, deals, promotions and offers (collectively, "Offers") that we believe will be of interest to you (the "Service"). The Service also may allow you to share certain information about such Offers with your friends and other third parties, including through social media platforms.
Limitations. You agree not to do, or authorize or permit any third party to do, any of the following: (i) distribute or make the Sites or the Service available over a network where they could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense any portion of the Sites or Service; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Sites, any updates, or any part thereof (except as and only to the extent any foregoing restrictions are prohibited by applicable law); (iv) modify, alter or create any derivative works of the Sites or the Service; or (v) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Sites or the Service. If you violate any of the foregoing restrictions, your use of the Sites and the Service will be unlicensed and will infringe the copyright and other rights of nFluence and/or third parties, which may subject you to prosecution and damages. nFluence reserves all rights not expressly granted to you herein.
Consent to Use of Data and Mobile Communications. You agree that nFluence may collect and use location data, technical data and related information in connection with your use of the Sites, including but not limited to location information, device type, the unique device identifier ("UDID") for your mobile device and other technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the features and functionality of the Sites and of software updates, product support and other services. Location information will only be collected if you provide it or agree to permit such collection. We use your location information to provide the Service, including to create and/or aggregate data from which your personally identifiable information has been removed or obscured for the purpose of providing location-sensitive advertising. This aggregate information may be shared with advertisers or other third parties. You also consent to our communicating with you about the Sites and the Service or in connection with the features, functions and activities contained therein by SMS, text message, email or other electronic means. Your carrier's normal, messaging, data and other rates and fees will apply to these communications.
You consent to the transfer of your user data, personal information, location information, or any other information we collect about you to our servers in the United States or in other countries for the purpose of delivering the Sites and Service to you.
Third Party Sites and Materials. The Sites may provide links to third party websites, and may also display, link to or otherwise make available third party content, data, information, events, applications or materials ("Third Party Materials"). nFluence does not endorse or control and makes no representations or warranties of any kind regarding any Third Party Materials, including regarding the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality, or any other aspect thereof. If you access or use any third party website, you should be aware that nFluence's terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party website to which you navigate from the Sites.
Third-Party Advertisements, Promotions, Products and Services. nFluence may run advertisements or provide information regarding or links to third party Offers or may otherwise provide information about or links to third-party products or services. Such Offers, third party products and services and your business dealings or communications with, or participation in Offers of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or Offers, are solely between you and such third party. nFluence is not responsible or liable in any manner for any such Offers, for any third party products or services or for any loss, damage or harm of any sort incurred as the result thereof. nFluence does not endorse, recommend, approve or control any such third parties or any third party Offers, products or services.
Third Party Interactions. Your use of the Sites and the Service and your contact, interaction, or dealings with any third parties arising out of your use of the Sites and Service is solely at your own risk. You acknowledge and agree that nFluence is not responsible or liable in any manner for any loss, damage or harm of any sort incurred as the result of the Sites or the Service, including from any contact with third parties who you may interact with in connection with your use of the Sites or the Service.
User Content and Conduct. The Sites and Service may include features which allow you or other users to upload, post or send photos, text, messages, data, information, or other content ("User Content"). Users are solely responsible for all User Content they upload, post or send to or through the Sites, or that are uploaded, posted or transmitted using their account, as well as for their conduct and the conduct of anyone using their account. You further agree that nFluence is not in any way responsible for the conduct or content of other users that you may encounter as a result of using the Sites or Service.
You agree not to upload, post, send or otherwise publish through the Sites any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or other right of any third party or violate any local, state, national or international law;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Code, script, or other software designed to automate any functionality on the Sites or Service without nFluence's express written consent;
Unsolicited commercial messages (spam), chain messages, or other content designed to deceive, trick, or mislead other users of the Sites or the Service; and
User Content that restricts or inhibits any other person from using or enjoying the Sites or the Service or which may expose nFluence or its users to any harm or liability of any type.
nFluence takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party.
Repeat Infringer Policy; Copyright Complaints. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, nFluence has adopted a policy of terminating, in appropriate circumstances and at nFluence's sole discretion, users or account holders who are deemed to be repeat infringers. If you believe that anything in the Sites infringes upon any copyright which you own or control you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: D. Sakata
Full Address of Designated Agent to Which Notification Should be Sent: nFluence media, Inc., 999 N. Northlake Way, Seattle, WA 98103
Telephone Number of Designated Agent: (571) 354-7273
E-Mail Address of Designated Agent: email@example.com
Please see 17 U.S.C. §512©(3) for the requirements of a proper notification.
Termination or Modification of Application or Service. nFluence reserves the right to change, suspend, remove, discontinue or disable access to the Sites or the Service at any time without notice. In no event will nFluence be liable for the removal of or disabling of access to any portion or feature of the Sites or the Service.
DISCLAIMERS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITES AND THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NFLUENCE HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITES AND THE SERVICE, EITHER EXPRESS, IMPLIED OR ARISING BY LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NFLUENCE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES OR THE SERVICE WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITES OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITES OR THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY NFLUENCE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL NFLUENCE BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF NFLUENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL NFLUENCE'S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APPLICATION EXCEED ONE DOLLAR. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Export Limitations. You may not use or otherwise export or re-export the Sites except as authorized by United States law and the laws of the jurisdiction in which the Sites were obtained. In particular, but without limitation, the Sites may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Sites, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Sites for any purposes prohibited by United States law or the laws of other countries in which you are using the Sites, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
US Government Rights. The Sites and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
ADDITIONAL END USER LICENSE AGREEMENT ("EULA") TERMS APPLICABLE TO IPHONE, IPOD TOUCH AND/OR IPAD APPLICATIONS
Notwithstanding anything to the contrary set forth above, the following additional terms shall apply to any Applications downloaded for use on the iPhone, iPod Touch or iPad:
Scope of License: The license granted to you is limited to a non-transferable license to use the Applications on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
Maintenance and Support: You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
Warranty: You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the Applications. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the Application to that end-user; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of nFluence. However, you understand and agree that in accordance with the EULA, nFluence has disclaimed all warranties of any kind, and therefore, there are no warranties applicable to the Sites and Service.
Product Claims: You acknowledge that as between Apple and nFluence, nFluence, not Apple, is responsible for addressing any claims of the end-user or any third party relating to the Application or the end-user's possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: The parties acknowledge that, in the event of any third party claim that the Application or the end-user's possession and use of that Application infringes that third party's intellectual property rights, nFluence, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under the EULA.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address: Any end-user questions, complaints or claims with respect to the Application should be directed to:
Third Party Beneficiary: The parties acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of the EULA, and that, upon the end-user's acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof).
Miscellaneous: All copyrights for the Sites are owned exclusively by nFluence media, Inc. Technologies used in the Sites are patent pending.
nFluence™ and dealBoard™ are trademarks of nFluence media, Inc. All other brand names, product names and logos featured in this application are used for general consumer informational purposes only and are the property of their respective owners. Neither nFluence nor its software application and the products and services offered through this application are associated, affiliated, endorsed, or sponsored by said owners.