Terms and conditions of use
THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE CODEBROKER SERVICE AS DEFINED BELOW. TO AGREE TO THESE TERMS, CLICK “AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE SERVICES.
1. ACCEPTANCE OF TERMS
2. DESCRIPTION OF SERVICE
The Service provides you with the ability to define and execute mobile promotions for viewing and access by third-parties (“End Users”) and to track redemption rates for these mobile promotions. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new CodeBroker Mobile Promotion resources, shall be subject to these Terms. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
2.1 WRITTEN AGREEMENTS, AND WRITTEN INVOICES
These Terms shall also apply if you are executing a written agreement or written invoice with CodeBroker; however, in such case, the terms of your written agreement and/or written invoice (a “Written Agreement”) with CodeBroker shall govern in the case of any conflicting terms. Further, Sections 5 and/or 6 of this Agreement shall not apply if fees, payment terms and/or term/termination are specified on i) any written agreement or statement of work between the parties, or ii) such terms are specified on any invoice received from CodeBroker for the Services.
2.2 QR CODE DELIVERY
In the event that your use of the Service involves any QR Code delivery, the following license shall apply: CodeBroker hereby grants to you the non-exclusive, non-transferable license, during the term of this Agreement and solely in the United States and Canada, to use the Service for the sole purpose of defining and executing QR Code Delivery campaigns, including the right to copy, publish, or otherwise distribute the QR Codes generated by CodeBroker as specified herein. MORE SPECIFICALLY, YOU MAY ONLY DISTRIBUTE QR CODES CREATED BY CODEBROKER IN THE UNITED STATES AND CANADA AND ANY DISTRIBUTION OR OTHER USE OF QR CODES CREATED BY CODEBROKER OUTSIDE OF THE US AND CANADA IS EXPRESSLY PROHIBITED.
3. REGISTRATION OBLIGATIONS
In consideration of use of the Service, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information to be considered the “Registration Data” as used herein) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CodeBroker has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CodeBroker has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You also understand and agree that the service may include certain communications from CodeBroker, such as service announcements and administrative messages, and that these communications are considered part of CodeBroker membership and you will not be able to opt out of receiving them.
4. ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CodeBroker of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CodeBroker cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. PAYMENT TERMS
All fees for the Services are specified at time of the purchase of such Services and/or on your invoice. Unless otherwise noted herein, all fees are non-refundable. All currency references are in U.S. dollars.
5.2 MONTHLY BILLING
The credit card that you provide as part of your Registration Data for the Services will be automatically billed on a monthly basis. All currency references are in U.S. dollars.