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TERMS OF USE

The following conditions apply to the use of the RetailMeNot service.

Effective October 18, 2021

 

Note: The RetailMeNot Terms of Use have been updated and are now governed by the
terms of its parent company, Ziff Davis. Please review the updated Terms of Use
carefully before using our Services. By using any of the Services, you consent
to the terms of the updated Terms of Use.

 

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BECAUSE THEY DESCRIBE YOUR
RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH ALL THE OTHER TERMS AND
CONDITIONS REFERRED TO BELOW, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND
US REGARDING YOUR USE OF OUR WEBSITE(S) AND OTHER SERVICES.

 

THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.

 

SECTION 16 CONTAINS AN IMPORTANT NOTE TO NEW JERSEY CONSUMERS.

 

IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS OF USE,
PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR WEBSITE AND OTHER
SERVICES, BECAUSE IF YOU CONTINUE, YOU WILL BE AGREEING TO EVERYTHING IN OUR
TERMS OF USE.

 

General

These Terms govern your use of the interactive websites, mobile and connected
applications, software, and other online interactive features and services,
including, but not limited to, emails, newsletters, forums, communities,
sweepstakes and contests (collectively, the “Services”) operated by Ziff Davis,
LLC and its subsidiaries (collectively “Ziff Davis” “we” “us” or “our”).
Additional terms and conditions of use applicable to specific areas of the
Services may also be posted in such areas and, together with these Terms, govern
your use of those areas and are referred to collectively as the “Agreement.”

 

These Terms cover the following Ziff Davis websites and mobile applications:

 

Ziff Davis

IGN, IGN Canada, IGN UK, IGN Australia

AskMen, AskMen Canada, AskMen UK, AskMen Australia

PCMag, PCMag UK, PCMag Australia

Geek

ExtremeTech

TechBargains

Mashable

Offers.com

Credit Cards Explained

Tippit

CouponCodes.com

Black Friday

Best Black Friday

Ookla, Speedtest.net, Speedtest Custom

Toolbox.com, Inside CRM, Inside-Erp, IT Management, IT Security, VoIP-News

emedia.com, emedia.co.uk

Salesify, B2BSignals

Revenu8, MarTechAdvisor, ReadITQuick, HRTechnologist

Ziff Davis Data

Bestgifts.com

Deals of America

The Black Friday

PCMag Shop

Offers Shop

IGN Store

RetailMeNot

 

 

Applications:

 

IGN: Video Game News, Reviews, Guides

IGN App For PlayStation All-Stars Battle Royale

IGN App For Elder Scrolls V: Skyrim

IGN App For PlanetSide 2

IGN: Video Game News, Reviews

IGN App For GW2

IGN App For Final Fantasy XIV: A Realm Reborn

IGN App For Dead Space 3

TechBargains

PC Magazine

Speedtest

Deals of America

The Black Friday

RetailMeNot

 

 

We reserve the right, in our discretion, to change or modify all or any part of
the Agreement at any time, effective immediately upon notice published on this
page. Your use of the Services constitutes your binding acceptance of these
terms and conditions, including any changes or modifications made by Ziff Davis
as permitted above. Please be sure to review the Agreement periodically to
ensure familiarity with the most current version. If at any time the terms and
conditions of the Agreement are no longer acceptable to you, you should
immediately cease all use of the Services. It is your responsibility to refer to
the Agreement upon accessing the Services.

 

COPPA: The Services are directed to teenagers and adults and are not directed to
children under the age of 13. You must be 13 years of age or older to use the
Services outside of the European Union and European Economic Area, and 16 years
of age or older in the European Union and European Economic Area. Ziff Davis
complies with the Children’s Online Privacy Protection Act and does not permit
registration by, and will not knowingly collect personally identifiable
information from, anyone under 13. By registering for any Services, you
represent and warrant that you are 13 years of age or older or, if you reside in
the European Union or European Economic Area, 16 years of age or older.
Additionally, you must provide true, accurate and complete registration
information to become a member of the Services (“Member”). Creating a Member
account if you are under the age of 13 outside of the European Union and
European Economic Area or 16 in the European Union and European Economic Area,
under automated means or under false or fraudulent pretenses constitutes
unauthorized use of the Services, and such accounts will be deleted by Ziff
Davis.

 

As part of the registration process, you may be asked to select a username and
password and you will be responsible for all activities occurring under your
username and for keeping your password secure. We may refuse to grant you a
username that impersonates someone else, violates or infringes on the trademark
or proprietary rights of a third party, or is vulgar, offensive, or otherwise
inappropriate, as determined by us in our sole discretion. You agree that your
username and password is personal to you and should not be used to provide
access to the Services to any other person or entity.

 

By using the Services, you agree to: (a) provide accurate and complete
information about yourself as prompted by the registration form for a Service
(“Registration Data”), (b) maintain and promptly update the Registration Data to
keep it accurate and complete, and (c) maintain the security of your password.
In the event you compose a profile upon registering for the Services (a “Member
Profile”), such profile must describe you, an individual person. Examples of
inappropriate profiles include, but are not limited to, profiles that purport to
represent an animal, place, inanimate object, fictional character, or real
individual who is not you. If you wish to view or change your profile, you can
do by clicking here to opt out.  

 

For Shopping Services: Certain of Ziff Davis sites allow you to purchase
products (“Products”). Such Products and pricing on the sites may change at any
time in the sole discretion of Ziff Davis, without prior notice to you. You
agree that you will only purchase Products on the sites for your own use and
enjoyment or as a gift for another person, that all information you submit
through the sites is complete, accurate, current and true and that you are not
barred from receiving Products under applicable law. Some Products you purchase
may be used or contain used parts. Certain software or other materials that you
purchase through our sites may be subjected to further export controls. You
agree to comply with all applicable export and re-export restrictions, laws and
regulations and will not encourage, assist, or authorize the transfer of such
products to a prohibited country in violation of law, rule or regulation. Please
be advised that our order confirmation to you does not signify our acceptance of
your order, nor does it constitute confirmation of our offer to sell. At any
time after receipt, we may accept, decline, or place quantity restrictions or
other limits on your order for any reason in our discretion. If we charge you
for an order that has been canceled, we’ll refund you the full amount of the
canceled portion of such order. While we strive to make all information on our
sites as accurate as possible, we do not warrant that Product descriptions or
other content is accurate, complete or error free. Promotions are subject to
change and we cannot confirm the availability or price of an item until you
place your order. For more information please see our return policy. Please also
be advised we do not operate a call center. All inquiries should be addressed to
contactshop@pcmag.com and contact@tippit.com.

 

For RetailMeNot Cash Back Services: 

 

General. By participating in a RetailMeNot Online Cash Back Rewards Offer and/or
In-Store Cash Back Rewards Offer (each, a "Promotion"), you agree to be bound by
these Cash Back Rewards and Wallet Terms (these "Promotion Terms") in addition
to the rest of the Ziff Davis Terms of Use and Privacy Policy. In the event of a
conﬂict between these Promotion Terms and the Ziff Davis Terms of Use, these
Promotion Terms will control. All features may not be available and RetailMeNot
reserves the right in its sole discretion to end any Promotion or other
program. 

 

Definitions.

"Activated Rewards Oﬀer" means a Rewards Oﬀer for a Promotion that has been
initiated by you but is not yet completed. In-Store Cash Back receipt scanning
Rewards Oﬀers may activate when you submit a Receipt after a Qualifying
Transaction during the Promotion Period. For other Rewards Oﬀers, activating
such Rewards Oﬀer requires at a minimum clicking the Promotion Link or Link Cash
Back Button, and may require additional steps as described on the Promotion
Landing Page.

"Approved Reward" means a Reward oﬀered under an Activated Rewards Oﬀer for
which RetailMeNot has determined that you: (1) met the eligibility requirements;
(2) completed the required purchase(s); and (3) satisﬁed all other applicable
conditions in order for the Reward to become eligible for redemption.

"Bonus Reward" means a bonus Reward oﬀered to certain RetailMeNot members who
complete a qualifying activity or who meet certain criteria, as deﬁned in a
Rewards Oﬀer Card or Promotion Landing Page, in addition to or in combination
with oﬀers for Online Cash Back Rewards, or In-Store Cash Back Rewards.

"Excluded Items" means any and all items that fall within categories, if any,
speciﬁed on the Promotion Landing Page or in the Rewards Oﬀer Card (e.g., the
"details" section) as being excluded from the Minimum Purchase Amount. The
determination of whether particular purchases fall within an excluded category
will be determined at RetailMeNot’s sole discretion. If you are unsure whether a
desired item falls within an excluded category, check the details section of the
applicable Rewards Oﬀer Card and direct any questions to our "Contact Us" form
prior to making your online purchase.

"In-Store Cash Back Rewards" means Rewards that RetailMeNot provides after
receiving a Receipt from Qualiﬁed Transaction and may sometimes be referred to
as "In-Store Cash Back" or "In-Store Cash Back Rewards" on the RetailMeNot
website or app, or on the Promotion Landing Page.

"Link Cash Back Button" means a virtual button provided on the Promotion Landing
Page or Rewards Oﬀer Card that allows you to activate a Rewards Oﬀer. In some
cases, clicking the Link Cash Back Button may also direct you to the Merchant’s
website.

"Merchant" means the merchant that is speciﬁed on the Promotion Landing Page.

"Minimum Purchase Amount" means the amount speciﬁed on the Promotion Landing
Page as the minimum purchase amount from the Merchant that is required to be
eligible for the applicable Rewards Oﬀer. The Minimum Purchase Amount excludes
discounts/promos, store points/rewards programs, tax, tip, fees, and any amount
used to purchase Excluded Items.

"Number of Rewards Oﬀers per Person" means (a) for Online Cash Back Rewards, a
limit of twenty (20) Rewards Oﬀers in the aggregate under all RetailMeNot
Promotions in any calendar month and a limit of seven (7) Rewards per Merchant
in any calendar month and (b) for In-Store Cash Back Rewards, a limit of ﬁfteen
(15) Rewards Oﬀers in the aggregate under all RetailMeNot Promotions in any
calendar month, unless otherwise speciﬁed in the Promotion Landing Page.

"Online Cash Back Rewards" means Rewards that RetailMeNot tracks through your
Internet browser (e.g., tracking cookies) and may sometimes be referred to as
"Online Cash Back" on the RetailMeNot website or app, or on the Promotion
Landing Page.

"Promotion Landing Page" means the website or app page that describes the
Promotion and links to these Promotion Terms.

"Promotion Link" means the hyperlink provided on the Promotion Landing Page of
an Online Cash Back Rewards Oﬀer that directs you to the Merchant’s website.

"Promotion Period" means the period beginning on the start date speciﬁed on the
Promotion Landing Page and ending at the earlier of (1) the time that all of the
Total Rewards Oﬀers available during Promotion have been claimed or (2) the end
date speciﬁed on the Promotion Landing Page. The Promotion Period may be
shortened or extended at RetailMeNot’s discretion. All start and end dates are
based on Central Standard Time unless otherwise indicated.

"Qualifying Transaction" means a purchase that is (a) in an amount greater than
the Minimum Purchase Amount; (b) from a participating Merchant; (c) in
connection with a Rewards Oﬀer; (d) made via an Online Cash Back Rewards Offer
or submitted through a Receipt; and (e) in RetailMeNot’s sole discretion,
satisﬁes all of the Promotion Terms.

"Receipt" means a proof of purchase from an in-store Qualifying Transaction with
a Merchant during the Promotion Period. To be eligible for an In-Store Cash Back
Reward, the Receipt must (i) be in US dollars and (ii) clearly display the date;
Merchant name; receipt number or other identiﬁer speciﬁc to that Merchant, that
Qualifying Transaction and on that applicate date; the item(s) purchased; the
item price; and total amount spent on the item(s). The Receipt must clearly
display all required information and meet any other speciﬁed terms to be
eligible for an In-Store Cash Back Reward, including terms displayed on the
Promotion Landing Page or Rewards Oﬀer Card. All decisions regarding whether to
issue a Reward and/or accept a Receipt are in RetailMeNot’s sole discretion.

"Redemption Process" means the steps you must take, as speciﬁed by RetailMeNot
in its sole discretion, in order to redeem Approved Rewards. The Redemption
Process is further described below.

"Reward" means a reward given by RetailMeNot to you for fulﬁlling the
requirements of the Promotion, as speciﬁed on a Promotion Landing Page and
Rewards Oﬀer Card.

"Rewards Oﬀer" means an oﬀer for a Reward.

"Rewards Oﬀer Card" means the area of a website page or app that describes a
Rewards Oﬀer and may include the Link Cash Back Button, a details section, and a
link to a Promotion Landing Page.

"Rewards Wallet" means the user interface associated with your RetailMeNot
account that will show Activated Rewards, Approved Rewards, and related
information.

"Third-party Service Providers" is deﬁned in Section 7 below.

"Total Rewards available during Promotion" or "Total Rewards Oﬀer" means the
limited quantity of Rewards available under the Promotion, as speciﬁed on the
Promotion Landing Page if the quantity is limited.

Eligibility.  Promotions are available to individual users of RetailMeNot who
are residents of the United States and at least eighteen (18) years of age.
Participation in any Promotion and the opportunity to earn Rewards from any
Promotion are oﬀered at the sole discretion of RetailMeNot. Purchases for resale
or commercial use are excluded from eligibility. In any calendar month, you are
limited to the Number of Rewards Oﬀers per Person and the amount that may be
earned, in the aggregate under all RetailMeNot Rewards Oﬀers, may be limited.

How to Earn Cash Back Rewards.

Online Cash Back Rewards. To earn Rewards pursuant to a Rewards Oﬀer for Online
Cash Back Rewards, you must: (1) during the Promotion Period, click on the
Promotion Link right before making an online purchase via the Merchant’s
website; (2) complete the online purchase in an amount equal or greater to the
Minimum Purchase Amount; and (3) satisfy any and all other conditions speciﬁed
on the Promotion Landing Page. Upon veriﬁcation that your purchase qualiﬁes and
that you have satisﬁed applicable requirements, the Reward speciﬁed for the
applicable Rewards Oﬀer will be considered an Approved Reward. YOU MUST CLICK ON
THE PROMOTION LINK FOR THE REWARDS OFFER DURING THE SAME SHOPPING SESSION THAT
YOU COMPLETE YOUR PURCHASE FROM THE MERCHANT. THE PURCHASE MUST BE MADE IN US
DOLLARS. IF YOU VISIT OTHER SITES BEFORE COMPLETING YOUR PURCHASE, OR IF YOU USE
COUPON CODES NOT PROVIDED BY  RETAILMENOT,  YOUR PURCHASE MAY BE ASSOCIATED 
WITH A SERVICE OTHER THAN RETAILMENOT AND YOU MAY NOT BE ELIGIBLE FOR THE
REWARD(S). YOU MUST NOT ENABLE AN AD BLOCKER OR OTHERWISE DISABLE COOKIES ON
YOUR COMPUTER, BECAUSE COOKIES ARE USED TO AUTHENTICATE YOUR PURCHASE.

In-Store Cash Back Rewards. 

To earn Rewards pursuant to a Rewards Oﬀer for In-Store Cash Back Rewards by
submitting a Receipt, you must: (1) Activate the Rewards Oﬀer, if applicable;
(2) complete the required purchase via a Qualiﬁed Transaction; (3) submit a
valid, readable Receipt through the Promotion Landing Page in accordance with
the stated terms; and (4) satisfy any and all other conditions speciﬁed on the
Promotion Landing Page or Rewards Oﬀer Card.

If you complete the obligations in Sections 4(b)(i) and 4(b)(ii) and the Reward
Offer is still available, the Reward specified for the applicable Reward Offer
will be considered an Approved Award.

 Receipt Scanning.

You agree to at all times provide accurate and complete information to
RetailMeNot. You agree not to: submit a Receipt that is false, inaccurate,
fabricated, counterfeited, incomplete, tampered with, adjusted, or otherwise
inauthentic for the purpose of seeking to claim a Reward; redeem, or attempt to
redeem, a Reward for products that have not actually been purchased, or for
products that have been returned; submit or attempt to submit a Receipt that has
already been submitted or used by you or another user; or submit Receipts
outside of a Promotion Period, or for a purchase that took place prior to or
after the launch date of a Rewards Oﬀer. 

RetailMeNot may, in its sole discretion, extend the redemption period for a
Rewards Oﬀer.

As between you and RetailMeNot, the determination as to what transactions are
Qualifying Transactions shall be made by RetailMeNot in its sole discretion.

 

Bonus Rewards. From time to time, RetailMeNot may oﬀer a Bonus Reward to certain
RetailMeNot members who complete a qualifying activity or who meet certain
criteria, as deﬁned in a Rewards Oﬀer Card or Promotion Landing Page, in
addition to or in combination with oﬀers for Online Cash Back Rewards or
In-Store Cash Back Rewards. For example, RetailMeNot may oﬀer certain Bonus
Rewards to new members who earn an Online Cash Back Reward for the ﬁrst time or
earn certain Online Cash Back Rewards for the ﬁrst time. In order to earn a
Bonus Reward, you must satisfy all criteria set forth for earning the Bonus
Reward as well as the requirements of these Promotion Terms during the promotion
period for the Bonus Reward. RetailMeNot, in its sole discretion, may adjust the
promotion period and/or the bonus amount for Bonus Reward, at any time, without
notice. All decisions by RetailMeNot are ﬁnal and binding on you. Bonus Rewards
are a limited time oﬀers and all criteria must be satisﬁed within the dates of
the Promotion.

Returns, Approvals, and No Ownership.

For any Rewards Oﬀer, if you return or exchange the items purchased, complete
your purchase before or after the Promotion Period, initiate a purchase that
results in a chargeback, or fail to satisfy a Minimum Purchase Amount, or any
other conditions speciﬁed on the Promotion Landing Page or Rewards Oﬀer Card,
RetailMeNot reserves the right to invalidate or withdraw all or part of the
Rewards Oﬀer. The determination of whether or not a purchase qualiﬁes for the
Rewards Oﬀer and whether applicable conditions have been satisﬁed is at the sole
discretion of RetailMeNot. In the event of a dispute, you may be required to
provide your order conﬁrmation as proof of purchase. Order confirmations must be
provided within 6 months from the purchase date to qualify for this review. The
timing of when RetailMeNot will issue an Approved Reward will vary based on a
number of factors. These factors may include the type of Promotion pursuant to
which a Reward is oﬀered and your account activity as a member of RetailMeNot.
RetailMeNot reserves the right, in its sole discretion, to determine the order
and timing in which to process its conﬁrmation of eligible purchases. Rewards
may be limited where participation exceeds the Total Rewards Oﬀers available
during Promotion or in other cases, as determined by RetailMeNot in its sole
discretion . RetailMeNot also reserves the right, in its sole discretion, to
reevaluate Approved Rewards, at any time, without notice, including, but not
limited to, whether purchases qualify for the Promotion and whether applicable
conditions have been satisﬁed, and RetailMeNot, in its sole discretion, may
adjust or withdraw any Rewards Oﬀers or any Approved Rewards, at any time,
without notice. All decisions by RetailMeNot are ﬁnal and binding on you.

Participating in a Rewards Oﬀer does not give you ownership or any other legal
claim to any Reward unless and until RetailMeNot, in its sole discretion,
determines that you have met all eligibility criteria and fulﬁlled all
requirements for the Promotion and you have completed the Redemption Process.
Rewards Oﬀers are provided solely by RetailMeNot and are not underwritten or
funded by any other third party. You may not make any claims for Rewards Oﬀers
against Merchants or any other third party. Notwithstanding that Rewards Oﬀers
may include oﬀers of cash, prior to redemption, Rewards Oﬀers and Approved
Rewards have no monetary value and you may not obtain any money or any other
thing of value for any Approved Reward or participation in any Rewards Oﬀer
unless and until you complete the Redemption Process and a payment has been
issued by RetailMeNot for Approved Rewards.

Wallet and Redeeming Rewards.

Approved Rewards will be shown in the RetailMeNot Rewards Wallet. You have no
vested rights in Approved Rewards unless and until you complete the Redemption
Process. If your RetailMeNot account is terminated by RetailMeNot, as provided
in these Promotion Terms or the Terms of Use, or if you elect to close your
RetailMeNot account, you will no longer be permitted to access the Rewards
Wallet or redeem Approved Rewards shown therein. You may redeem Approved Rewards
for cash using PayPal or Venmo.

Redeeming for cash to Paypal or Venmo. In order to redeem Approved Rewards for
cash via PayPal or Venmo, you must: (1) have or create a PayPal or Venmo Account
that is linked to the phone number or email address, where applicable, that
RetailMeNot has on ﬁle for you; (2) navigate to the "My Rewards" section of your
account, click "Redeem Rewards", and then click either “Paypal” or "Venmo”, as
applicable; and (3) perform any actions speciﬁed in the RetailMeNot app or
website, as modiﬁed from time to time in the sole discretion of RetailMeNot. For
example, such actions may include, but are not limited to, authenticating your
account by providing a US based cell phone number with SMS capabilities,
re-entering a password, and clicking the appropriate link or button. Once you
have completed the required steps to redeem Approved Rewards, RetailMeNot will
issue a payment to the PayPal or Venmo Account, as applicable, that is linked to
the email address, or phone number, as applicable, that you provided RetailMeNot
at the time you created your account. An email or text message, where
applicable, will be sent to that email address or phone number, where
applicable, conﬁrming that the payment has been issued. Generally, redemption of
an Approved Reward will result in the issuing of payment within minutes, but in
some cases may require a longer time period. RetailMeNot is not responsible for
lost or stolen payments or for delivery of payments to the wrong PayPal or Venmo
account. 

If an account has not been credited with a Qualifying Transaction in the
previous 12 months, it may be deemed an Inactive Cash Back Account. Accounts
which meet this criteria will be debited a monthly maintenance fee in the amount
of the lesser of $2.00 or the current account balance. Maintenance fees will not
draw the account balance below $0.00. Maintenance fees will be assessed until
the account balance reaches $0.00 or the account becomes an active cash back
user again. 

 

Forced Redemptions. You are responsible for ensuring compliance with any
limitations or requirements speciﬁed by RetailMeNot from time to time,
including, but not limited to, requirements not to redeem Approved Rewards that
exceed amounts speciﬁed by RetailMeNot. RetailMeNot reserves the right, in its
sole discretion, from time to time, to cause the redemption of Approved Rewards,
in whole or in part, and issue payments to the PayPal or Venmo account linked to
the email address or phone number that you provided RetailMeNot at the time you
created your account, but RetailMeNot undertakes no obligation to do so under
any circumstances. You hereby authorize RetailMeNot to perform any such
redemptions and issue any such payments to the PayPal or Venmo account linked to
the email address or phone number that you provided RetailMeNot at the time you
created your account, automatically and without further action by you.

 

Abuse and Cancellations.

RetailMeNot reserves the right to cancel, suspend and/or modify a user’s
account, entire Promotion, or any part of it, or the payment of any Rewards
amounts at any time without obligation or notice to you, including, without
limitation, if any fraud, technical failures, limit of available Rewards,
gaming, human error or any other factor impairs the integrity, availability or
proper functioning of the Promotion, as determined by RetailMeNot in its sole
discretion. Without limiting anything  in these Promotion Terms or the Terms of
Use, RetailMeNot reserves the right, in its sole discretion, to disqualify,
terminate or suspend the participation in any Promotion, or otherwise prevent
future participation, of any individual it ﬁnds, or reasonably suspects, to be
tampering with the operation of a Promotion (including by submitting or
attempting to submit fraudulent or ineligible Receipts) or to be acting in
violation of the Promotion Terms or any promotion,  or in behaving in an
unethical, dishonest, deceptive or disruptive manner. Any attempt by any person
to deliberately undermine the legitimate operation of the Promotion may be in
violation of criminal and civil law, and, should such an attempt be made,
RetailMeNot reserves the right to seek damages from any such person to the
fullest extent permitted by law. RetailMeNot’s failure to enforce any term of
these Promotion Terms shall not constitute a waiver of that provision.
RetailMeNot shall not be liable to you for any suspension, modiﬁcation or
termination of a Rewards Oﬀer, Approved Rewards, or the Promotion program.

Use of any automated means or more than one account is prohibited and will
result in disqualiﬁcation. In the event of any dispute as to the qualiﬁcation of
potential recipients of a Reward, the authorized account holder of the email
address or phone number provided to RetailMeNot at the time the account was
created will be deemed the qualiﬁed Reward recipient. The "authorized account
holder" is the natural person assigned an email address by an Internet access
provider, online service provider or other organization responsible for
assigning email addresses for the domain associated with the submitted address.
Each potential recipient of Rewards may be required to show proof of being an
authorized account holder.

If your account remains inactive for 24 months, RetailMeNot reserves the right
to permanently close the Account at which time the cash back rewards will be
considered expired and no longer eligible for redemption. Before closing the
Account, RetailMeNot will reach out to you alerting you to the fact that your
account may be shut down due to inactivity.

 

For Health eCareers Services: You agree that you may not share passwords, login
information, or other named user identification or otherwise allow multiple
offices or users to access the Health eCareers Services beyond the scope of the
original subscription. If you are a job seeker on the Health eCareers Services
who has reason to believe that your account is no longer secure, you must
promptly change your password by updating your account information from the My
Account section of the Health eCareers Services and immediately notifying us of
the problem via email addressed to info@healthecareers.com. If you are a Health
eCareers Services prospective employer who has reason to believe that your
account is no longer secure, you must promptly contact Customer Support via
email addressed to info@healthecareers.com.

 

For Toolbox.com Services: When using particular Toolbox.com Services, you shall
be subject to any posted guidelines or rules applicable to such Services,
including but not limited to the Toolbox Groups Moderation Policies. All such
guidelines or rules are hereby incorporated by reference into these Terms. Ziff
Davis currently provides Toolbox.com users with access to a variety of Services,
including but not limited to, communications tools, email-based discussion
groups, online discussion groups, job center, source code, documents,
Communities, Blogs, Wiki, Company Research Directory, and Professional
Networking features. Unless explicitly stated otherwise, any new features or
services shall be subject to the Agreement. In order to use certain Services,
you will be required to register with Toolbox.com.

 

For IGN Services: When using IGN Services, you shall be subject to any posted
guidelines or rules applicable to such Services, including but not limited to
the Comment Culture and Moderation and Community How To’s and FAQ’s policies
which can be found under IGN Community Central. All such guidelines or rules are
hereby incorporated by reference into these Terms. Ziff Davis currently provides
IGN users with access to a variety of Services, including but not limited to,
community boards, user pages, wikis, and blogs. Unless explicitly stated
otherwise, any new features or services shall be subject to the Agreement. In
order to use certain Services, you will be required to register with IGN.

 

For the IGN Loops Feature: The following terms apply to your use of the Loops
feature offered on IGN.com and its subdomains (“Loops”).

 

(a) Ziff Davis hereby grants you a limited, non-exclusive, non-transferable,
revocable license to use IGN-created and owned content solely in connection with
Loops, which enables you to select a custom “loop” of video footage on IGN
videos and to share such “loops” with others via a URL provided by us. By using
Loops, you agree that you are using the IGN content for your own personal,
non-commercial use. Any text or other content posted by you in connection with
Loops must not: (a) be libelous, defamatory, threatening, harassing, hateful, or
offensive; (b) may not violate or infringe any third party right, including, but
not limited to, any copyright, trademark, right of privacy or publicity, or
other personal or proprietary rights; or (c) violate any applicable laws, rules
or regulations.

 

(b) Except as expressly permitted by Ziff Davis or by the owner of the copyright
or other such proprietary right, the license granted herein to IGN-created
content does not include content or trademarks owned by third parties (including
third party content or trademarks incorporated into IGN-created content). By
using Loops, you are solely responsible for determining whether your use of
Loops complies with applicable laws, including copyright laws, and you accept
all risk of liability associated with your use of Loops and any third party
claims that may result from your use. You agree to indemnify, defend and hold
harmless Ziff Davis from and against any and all liability whatsoever (including
attorney’s fees and costs) arising from or related to your use of Loops,
including, but not limited to, claims arising from your use of Loops in
connection with third party content.

 

Any use of Loops in violation of the limitations described above is strictly
prohibited and may result in immediate termination or revocation of your access
to Loops and/or other portions of the Service, and may subject you to legal
liability.

 

For Premium Services: Certain Services provided by Ziff Davis, including but not
limited to the IGN Prime Service (the “IGN Premium Service”) and paid PC
Magazine subscriptions (the “PC Mag Premium Service”), require registration and
payment (such Services are referred to collectively as the “Premium Services”).
Please note that the PC Mag Premium Service, including all billing, invoices and
renewals, is managed by Ziff Davis’ third party vendor, Palm Coast Data.

 

(a) Customer Service. For questions about your IGN Premium Service subscription,
please visit the IGN FAQs accessible through the IGN Support Center. All
questions that cannot be answered via the FAQ page should be sent using the IGN
Support Online Form, available through the IGN Support Center. Please include
your name and username in all correspondence. For questions about your PC Mag
Premium Service, please visit the PC Magazine Digital Edition Customer Service
Page and log into your account.

 

(b) Payment Obligation and Credit Card Authorization. You are responsible for
paying any and all charges relating to your Premium Services account, including
without limitation, periodic subscription fees (the initial fee and automatic
renewals). You grant to Ziff Davis’ third party payment processor(s) permission
to charge your credit card (or other approved payment mechanism) to pay for all
such charges. The Premium Service subscription fee will be billed at the
beginning of your subscription and on each annual, quarterly or monthly renewal
thereafter, dependent on the original subscription term selected at
registration, unless you cancel at least ten (10) days prior to the renewal date
pursuant to the process set forth below.

 

For the IGN Premium Service, payment must be made by Visa, MasterCard or
American Express or PayPal. For the PC Mag Premium Service, payment must be made
by Visa, MasterCard, American Express or Discover. If Ziff Davis does not
receive payment from the credit card issuer or its agent, you agree to pay all
amounts due upon our demand. Your card issuer agreement governs your use of your
designated card in connection with the Premium Services, and you must refer to
that agreement and not this Agreement to determine your rights and liabilities
as a cardholder. YOU, AND NOT ZIFF DAVIS, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS
BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, EVEN IF THEY WERE NOT AUTHORIZED BY
YOU.

 

ZIFF DAVIS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND/OR BILLING
METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR
CONTENT, OR SERVICES PROVIDED BY ZIFF DAVIS, EFFECTIVE THIRTY (30) DAYS AFTER AN
ONLINE POSTING ON THE APPLICABLE ZIFF DAVIS SERVICES. ZIFF DAVIS MAY
ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. IF ANY SUCH CHANGE IS
UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR IGN PREMIUM SERVICE SUBSCRIPTION BY
VISITING THE IGN SUPPORT CENTER, OR YOUR PC MAG PREMIUM SERVICE SUBSCRIPTION BY
VISITING THE PC MAGAZINE DIGITAL EDITION CUSTOMER SERVICE PAGE. YOUR CONTINUED
USE OF THE PREMIUM SERVICES FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH
FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE. ZIFF
DAVIS IS NOT RESPONSIBLE FOR ANY FAILURE TO CANCEL YOUR SUBSCRIPTION EITHER IN
WRITING BY EMAIL OR LETTER OR THROUGH THE WEBSITE. YOU AGREE AND ACKNOWLEDGE
THAT ZIFF DAVIS SHALL NOT BE RESPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT
OVERSIGHTS THAT YOU HAVE NOT SUBMITTED TO US AS DESCRIBED IN THESE TERMS WITHIN
60 DAYS OF SUCH OCCURRENCE OR LACK THEREOF.

 

(c) Renewal and Cancellation of Your Subscription. You grant to Ziff Davis’
third party payment processor(s) permission to automatically renew your
subscription and charge your account up to seven (7) days prior to the day on
which your subscription is scheduled to end. You acknowledge and agree that the
authorization to charge your credit card or other payment mechanism for the
Premium Services shall automatically transfer to any successors or assigns of
the Premium Services for substantially similar services at the same property.
You may not assign or transfer your subscription to any other person or entity.
You must be at least 18 years old (or have the permission of a credit card
holder who is) to subscribe for Premium Services.

 

(i) Cancellation of IGN Premium Service. For the IGN Premium Service, you may
“opt out” of this automatic renewal by visiting the IGN Support Center and
canceling on your own or by using our online form to notify Ziff Davis. Ziff
Davis will cancel your account upon receipt of such notification from you. All
fees, charges and sales are final. Once charged to your credit card, the
payments are nonrefundable, except in cases of demonstrated fraud, which will be
determined at Ziff Davis’ sole discretion. You acknowledge that canceling your
subscription for any reason will not immediately terminate access to the IGN
Premium Service and Ziff Davis will not refund the remaining portion of your
subscription. Your subscription will remain open until the paid period expires.

 

(ii) Cancellation of PC Mag Premium Service. For PC Magazine paid subscriptions,
you may disable automatic renewal and update other settings related to your
account by going to the PC Magazine Digital Edition Customer Service Page and
logging into your account, emailing pcmagdigitalcustomerservice.com, or by
calling 1-800-289-0429. Your account will be cancelled upon receipt by Ziff
Davis’ third party vendor of such notification from you via the Customer Service
Page. Upon cancellation of your subscription, you will receive a full refund on
all unsent issues.

 

(d) Termination of Your Subscription. You acknowledge that Ziff Davis, in its
sole discretion, may terminate your user ID, password, account (or any part
thereof) or use of the Premium Services for a variety of reasons, including,
without limitation, if Ziff Davis believes that you have violated or acted
inconsistently with the letter or spirit of the Agreement. Ziff Davis may also,
in its sole discretion, at any time discontinue providing the Premium Services,
or any part thereof, with or without notice. You agree that any termination of
your access to the Premium Services under any provision of the Agreement may be
effected without prior notice, and acknowledge and agree that Ziff Davis may
immediately deactivate or delete your account and/or bar any further access to
the Premium Services. If your account is terminated by Ziff Davis, it will not
be automatically renewed and access will be terminated, without refund. Further,
you agree that Ziff Davis shall not be liable to you or any third-party for
termination of your access to the Premium Services. YOU AGREE AND ACKNOWLEDGE
THAT ZIFF DAVIS SHALL NOT BE RESPONSIBLE FOR ANY ADJUSTMENTS, REFUNDS OR ACCOUNT
OVERSIGHTS PAST SIXTY (60) DAYS OF SUCH OCCURRENCE.

 

(e) Trial Memberships. Ziff Davis may occasionally offer promotional trial
memberships to its IGN Premium Service at special discounted prices. If you sign
up for a trial membership, you will be automatically renewed at the normal
subscription rate for the IGN Premium Service at the end of the trial period,
unless you cancel at least twenty-four (24) hours before the end of the trial.
You must cancel prior to the end of your trial to avoid charges to your credit
card. We will continue to bill your credit card for the IGN Premium Service at
the standard IGN Premium Service rate and renewal term thereafter, dependent on
the original subscription term selected at registration, until you cancel. For
information about canceling your IGN Premium Service subscription, visit the IGN
Support Center.

 

(f) Subscriber Information. You agree to provide and maintain true, accurate,
current and complete information about yourself as prompted by the Premium
Services registration process. You must promptly inform Ziff Davis of any of the
following: changes in the expiration date of any credit card used in connection
with the Premium Services; changes in home or billing address; and apparent
breaches of security, such as loss, theft, or unauthorized disclosure or use of
an ID or password. You agree to notify Ziff Davis immediately upon learning of
any potential breach of your Premium Services account.

 

(g) Use Restrictions. The material and content on the Premium Services is for
the private, non-commercial enjoyment of Premium Services Members only. Any
other use is strictly prohibited. Ziff Davis spends a great deal of time and
money to obtain the information appearing on our sites. You agree that you will
not copy, publish, or in any way make available publicly any news, pictures,
interviews, features, or any other information, content or materials from the
Premium Services, without express written permission from Ziff Davis. You agree
that if you do so, Ziff Davis reserves the right to cancel your subscription to
the Premium Services immediately without refund. Additionally, reuse of
copyrighted information (including but not limited to pictures, interviews,
features, videos, audio, etc.) will be prosecuted to the fullest extent of the
law.

 

Your Use of Content

You acknowledge that the Services contain information, software, articles,
reviews, content, photographs, audio and video clips, graphics, links, logos,
trademarks, the “look and feel” of our websites, applications and software and
other material (collectively, the “Content”) that are protected by copyright,
trademark and/or other proprietary rights of Ziff Davis or third parties. All
Content on the Services is protected by applicable copyright laws. You agree to
comply with all copyright laws and any copyright notices, information, or
restrictions contained in any Content available on or accessed through the
Services. Users of the Services may use the Content only for their personal,
noncommercial use. Businesses, organizations or other legal entities may not
become Members, and are not permitted to use the Services for any purpose,
including but not limited to collecting usernames and/or email addresses of
Members by electronic or other means for the purpose of sending unsolicited
email and unauthorized framing of, or linking to, the Services or users on the
Services. Please refer to our Linking Policy for more information on linking and
use of Content.

 

Except as expressly permitted, you may not (i) modify, publish, transmit,
reproduce, create derivative works from, distribute, perform, display, adapt,
aggregate, sell, transfer or in any way exploit any of the Content, code or
Material (defined below), in whole or in part, or (ii) use any robot, spider,
site search and/or retrieval application, or other device to scrape, extract,
retrieve or index any portion of the Services. Content consisting of
downloadable or web-based software may not be reverse engineered unless
specifically authorized by the owner of the software’s patent and/or copyright.
You also agree not to circumvent, disable or otherwise interfere with any
security related features of the Services or the Content, including features
that prevent or restrict use or copying, or that enforce limitations on use.

 

You may only post on the Services content owned by you (such as your original
statements or video clips), content for which you have received express written
permission from the owner and content in the public domain (collectively, the
“Material”). You assume all risk and responsibility for determining whether any
Material is in the public domain. You hereby grant, transfer and assign to Ziff
Davis and its affiliates, successors, assigns and licensees (collectively,
“Licensee”) a fully-paid, royalty-free, irrevocable, perpetual, worldwide right
and license to publish, distribute, reproduce, transmit, use, translate,
display, perform, modify, revise, create derivative works of and archive the
Material, in any form or media now known or hereafter developed (including
without limitation in print, magnetic or electronic form), including, but not
limited to, as part of the Services or in support of the Services through
advertising or marketing, on any number of occasions in any form, and to
sublicense third parties (including other users of the Services) to do any of
the foregoing with further right of sublicense (the “License”), without payment
or compensation to you and without seeking further permission from you. You
represent and warrant that you are authorized to grant all rights set forth in
the preceding sentence and that the exercise by Licensee of Licensee’s rights
under the License shall not violate any laws, defame or libel any person, invade
any person’s right of privacy or publicity or otherwise violate, misappropriate
or infringe the rights of any person (including but not limited to any copyright
or moral right). You agree that you are solely responsible for the Material that
you post on the Services or transmit to others and agree that you will not hold
Company responsible or liable for any materials or content you access or receive
from other users of the Services.

 

You may download, copy and make any personal, non-commercial use of the Content
and use that is expressly permitted by the United States Copyright Act of 1976,
as amended (“Copyright Act”) and not prohibited by any section of the Copyright
Act or by any other applicable law, rule or regulation; provided, however, that
you maintain all copyright and other notices contained in such Content; and
provided further that you shall not store electronically any significant portion
of any Content.

 

To the extent that you provide us with any suggestions, feedback or other
information relating to our business or the Services (including, but not limited
to, suggested new products or services or improvements to existing products and
services), such information is provided to us on a non-confidential and
unrestricted basis, and you hereby grant to the Licensee (as defined above) a
non-exclusive, worldwide, perpetual, royalty-free, fully transferrable and
sublicensable right and license to reproduce, display, distribute, use and fully
exploit such suggestions, feedback and information.

 

For questions regarding use of Content please email
Brand_Licensing@ziffdavis.com.

 

Rules of Conduct

Ziff Davis has the right, but not the obligation, to investigate any illegal
and/or unauthorized use of the Services and appropriate legal action may be
taken, including without limitation, civil, and injunctive relief. While
utilizing the Services, you may not:

 

Use the Services for any commercial purpose, to distribute any advertising or
solicitation of funds or goods and services, or to solicit users to join
competitive online services;

Post on the Services any links to any external Internet sites that are obscene
or pornographic, or display pornographic or sexually explicit material of any
kind;

Post on the Services or transmit through the Services any Material that violates
or infringes another person’s intellectual property rights (including, but not
limited to, third party music, videos, photos or other materials where you do
not have written authority from the owner to post or transmit such materials);

Post or transmit any Material that contains any advertising, promotional
materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other
form of solicitation;

Reformat, frame or mirror any portion of any web page that is part of the
Service;

Post Material containing restricted or password only access pages, or hidden
pages or images (those not linked to or from another accessible page);

Submit any Material that impersonates a person or entity, falsely implies
sponsorship or endorsement of that Material by the Services, Ziff Davis and/or
any third party, falsify or delete any author attributions in any Material, or
promote any information that you know is false or misleading;

Transmit any viruses, worms, defects, Trojan horses or other items of a
contaminating or destructive nature through the Services or otherwise attempt to
interfere with the proper working of the Service or the use and enjoyment of the
Services by other users;

Promote an illegal or unauthorized copy of another person’s copyrighted work,
such as providing pirated computer programs or videos or links to them,
providing information to circumvent manufacture-installed copy-protect devices,
or providing pirated music or links to pirated music files;

Submit Material, or engage in any activity, that is libelous, defamatory,
obscene, pornographic, abusive, harassing, threatening, unlawful, or violates
the rights of any third party (including their rights of privacy or publicity)
or that promotes or encourages illegal activity, racism, bigotry, hatred,
physical harm or discrimination of any kind against any group or individual; or

Harvest or collect email addresses or other contact information of other users
by electronic or other means.

Health eCareers Material: The Health eCareers Services allow for the posting by
employers, recruiters and staffing agencies of available job opportunities at
their companies or companies they represent and by candidates of their own
resumes. Ziff Davis is under no obligation to evaluate or censor the resumes,
job listings or other information posted to the Health eCareers Services.
Moreover, Ziff Davis is not involved in the actual transaction, if any, between
potential employers and candidates. Consequently, we have no control over the
quality, safety or legality of the job listings or resumes posted to the
Services, the truth or accuracy of such job listings or resumes, the ability of
employers to hire candidates, or the ability of the candidates to fill job
openings. As a representative of your company in connection with your use of the
Health eCareers Services, you represent and warrant to Ziff Davis that you are
authorized to do so.

 

When you post Material on the Health eCareers Services, you are solely
responsible for the form, content and accuracy of any resume, job listing and/or
other Material that you post. Ziff Davis makes no representations, warranties or
guarantees concerning the Health eCareers Services, including, but not limited
to, representations that a resume or job posting will be viewed by any specific
number of users, or that a resume or job posting will be viewed by any user.
Ziff Davis is not to be considered an employer with respect to your use of the
Health eCareers Services, and Ziff Davis shall not be responsible for any
employment decisions made by any person or entity posting job listings, resumes
or other Material to the Health eCareers Services. Ziff Davis assumes no
responsibility or liability for any personnel selected by your company through
the Health eCareers Services, and selection, retention or hire of any individual
or entity is based solely on your or your company’s investigation, verification
and determination that such hire is suitable for the role and for the company’s
purposes.

 

The following additional restrictions apply to Material posted by you on the
Health eCareers Services. You shall not do any of the following without the
prior written authorization of Ziff Davis:

 

Post any inaccurate, untimely, stale, incomplete or misleading information,
including inaccurate biographical information;

Post any employment opportunity or requirements that are inaccurate or not
available with a verifiable company that is directly represented by you or your
company;

Post any employment opportunities that are not healthcare-related, or are
outside a healthcare-related field or organization;

Key code (through overuse of a skill set, term or definition within a job
posting, profile, resume or otherwise in an effort to gain priority placement of
a posting), copy other job postings as your own, post the same position multiple
times on the Services or post multiple positions within one posting;

Place any contact information within a job posting that is different from or in
addition to contact information provided when subscribing to the Health eCareers
Services;

Post any employment opportunity that does not contain a valid application method
(such as company URL, email address, or “apply online”) that is connected to the
“Apply” button in the job posting;

Place any content within the job details section of a job posting that directs
job seekers to apply directly via an email address or any other method that
circumvents the “Apply” link;

Resell or make available to any person not expressly licensed by Ziff Davis,
whether via phone, fax, email, mail or other medium, any of the Health eCareers
Services or any information obtained therefrom, including, without limitation,
resumes or candidate information;

Allow job postings or employment requirements to remain posted on the Health
eCareers Services for more than 24 hours after they are no longer viable or
valid (to the extent that a position is placed on “hold” or is otherwise not
available for immediate placement, the posting should be removed until such time
as it is a viable opening);

Respond to a job listing on behalf of anyone other than yourself;

Delete or revise any Material posted by another person or entity; or

Use, print, or otherwise copy any personal information of candidates for any
purpose other than consideration of the candidates for potential employment by
your company or a company you represent.

The above is not a complete list of illegal and/or prohibited uses of the
Service.

 

Use of the Services is subject to existing laws and legal process. Nothing
contained in the Agreement shall limit our right to comply with governmental,
court, and law-enforcement requests or requirements relating to your use of the
Services.

 

Managing Content

Despite our rights outlined herein, you shall remain solely responsible for all
Material you post. Ziff Davis has no obligation evaluate, to pre-screen and/or
monitor the Material you post, however Ziff Davis reserves the right to edit or
remove any Content or Material on the Services, in whole or in part, and to
disclose any information or take any action necessary to satisfy any applicable
law, regulation, legal process or governmental request or to protect the rights,
property or safety of Ziff Davis, its users and the public. You understand and
agree that you may be exposed to such matters and that you further waive your
right to any damages (from any party) related to such exposure.

 

Ziff Davis has the right, but not the obligation, to take any of the following
actions in our sole discretion at any time and for any reason without giving you
any prior notice:

 

Restrict, suspend, or terminate your access to all or any part of our Services;

Change, suspend, or discontinue all or any part of our Services;

Refuse, move, edit or remove any Material for any reason;

Refuse, move, edit or remove any Content that is available on the Services;

Deactivate or delete your account(s) and all related information and files in
your account(s);

Disclose your identity or other information about you to any third party who
claims that Material posted by you violates their legal rights, including, but
not limited to, their intellectual property rights or their rights of privacy or
publicity;

Disclose your identity or other information about you to law enforcement
officials upon request if Ziff Davis determines in its sole discretion that such
disclosure is in the interest of protecting its users or the public;

Establish general practices and limits concerning use of our sites and Services.

You agree that Ziff Davis will not be liable to you or any third party for
taking any of these actions. You understand and agree that our Services may
include communications such as advertisements, service announcements and
administrative messages from us or from our partners, and that these are
considered part of the Services.

 

Endorsement

ZIFF DAVIS MAY RECEIVE A COMMISSION, FEE AND/OR OTHER COMPENSATION ON SOME
CLICKS OR PURCHASES MADE ON, THROUGH OR LINKED FROM THE SERVICES.

 

THIS MEANS ZIFF DAVIS MAY RECEIVE SOME FORM OF COMPENSATION THROUGH AN
ARRANGEMENT IT HAS WITH A THIRD PARTY IF YOU (i) CLICK ON CERTAIN ADS OR LINKS
ON OUR WEBSITES, EMAILS OR NEWSLETTERS, OR (ii) PURCHASE A PRODUCT OR SERVICE
AFTER CLICKING A LINK.

 

Ziff Davis does not represent or endorse the accuracy or reliability of any
Content or other material posted on any interactive area or elsewhere on the
Services and you acknowledge that any reliance upon such Content or other
material shall be at your sole risk. Any Content or other material placed on any
interactive area by users represents the views of the user posting the
statement, and does not represent the views of Ziff Davis.

 

The Services may contain links to sites on the Internet which are owned and
operated by third parties (the “External Site(s)”). You acknowledge that Ziff
Davis is not responsible for the availability of, or the content located on or
through, any External Site, and that your use of such External Sites may be
subject to a third party’s terms and conditions and/or privacy policy. Any
third-party content or a link to a third-party site is not an endorsement of
that content or third-party site. You should contact the site administrator or
webmaster for those External Sites if you have any concerns regarding such links
or the content located on such External Sites.

 

Typically, we do not directly sell, resell, or license any of the products or
the services that we review, list, or advertise on our sites, and we disclaim
any responsibility for or liability related to them. Your correspondence or
related activities with third parties, including payment transactions and
goods-delivery transactions, are solely between you and that third party. All
product and deal information such as discount, price and availability are
believed to be accurate as of the time of publication and are subject to change.
Please verify these details with the merchant site and check the merchant’s
terms and conditions before you buy. You agree that we will not be responsible
or liable for any loss or damage of any sort incurred as the result of any of
your transactions with third parties. Any questions, complaints, or claims
related to any product or service should be directed to the appropriate vendor.
However, in the event we do sell, resell, or license products or services, any
terms and conditions related to your purchase or license of such products and
services from us or any affiliates will be accessible on the applicable site
page.

 

Please note that we may allow certain manufacturers to license, use and/or
reprint a Ziff Davis trademark, logo, or a review in whole or in part, in its
own marketing materials and advertisements in exchange for a license fee.

 

Indemnification.

You agree to indemnify, defend and hold Ziff Davis and its affiliates, and their
respective officers, directors, owners, agents, information providers and
licensors (collectively, the “Ziff Davis Parties”) harmless from and against any
and all claims, liability, losses, damages, costs and expenses (including
attorneys’ fees) incurred by any Ziff Davis Party in connection with:

 

Your use of, or connection to, our Services;

Any use or alleged use of your accounts or your passwords by any person, whether
or not authorized by you;

The content, the quality, or the performance of Material that you submit;

Your violation of the Agreement or the Ziff Davis Privacy Policy;

Your violation of the rights of any other person or entity; or

Your violation of any applicable laws, rules or regulations.

Ziff Davis reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you,
and in such case, you agree to cooperate with Ziff Davis’ defense of such claim

 

Termination of Service

Ziff Davis reserves the right, in its sole discretion, to restrict, suspend or
terminate your access to all or any part of the Services, including the
discussion areas, at any time for any reason without prior notice or liability.
Conversely, you may terminate your access to the Services at any time by
immediately ceasing use of the Services. Once your access terminates, you will
have no right to use the Services. The terms of the Agreement shall survive any
termination of your access. Ziff Davis may change, suspend or discontinue all or
any aspect of the Services at any time, including the availability of any
feature, database, or Content (including the discussion areas), without prior
notice or liability.

 

Copyright Policy

You may not post, distribute, perform, display, transmit or reproduce in any way
any copyrighted material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary rights.
Ziff Davis has registered a designated agent with the Copyright Office pursuant
to 17 U.S.C. §512(c). If you believe that your work has been copied and posted
on the Services in a way that constitutes copyright or trademark infringement,
please notify the designated agent, Ziff Davis, LLC at 114 5th Avenue 15th Floor
New York, New York 10011, Attn: Legal Department fax: (212) 503-5136, or by
email: ZDLegal1@ziffdavis.com and insert “Terms of Use” in the subject line.

 

A notification of claimed infringement must include the following:

 

(a) an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or trademark interest;

 

(b) a description of the copyrighted work(s) or trademark(s) that you claim has
been infringed;

 

(c) a description of where the material that you claim is infringing is located
on the Services (including any additional identifying information such as URLs
and post numbers to assist us in identifying the allegedly infringing material);

 

(d) your address, telephone number, and email address;

 

(e) a written statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright or trademark owner, its agent,
or the law; and

 

(f) a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright or
trademark owner or authorized to act on the copyright or trademark owner’s
behalf.

 

If materials you have posted on the Services have been removed due to alleged
infringement of a third party’s intellectual property rights, Ziff Davis will
notify you. If you believe your materials have been wrongly removed, you may
file a counter-notification containing the following:

 

(a) an electronic or physical signature of the person authorized to act on your
behalf;

 

(b) a description of the material that has been removed or to which access has
been disabled and where the material was located online before it was removed or
access to it was disabled;

 

(c) a written statement by you that under penalty of perjury, that you have a
good faith belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or disabled; and

 

(d) your address, telephone number, and email address; and

 

(e) a statement that you consent to the jurisdiction of federal district court
for the judicial district in which the address is located, or if your address is
outside of the United States, for any judicial district in which the service
provider may be found, and that you will accept service of process from the
person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent
of such person.

 

Upon Ziff Davis’ receipt of such counter-notice, Ziff Davis will provide the
complainant with your contact information so that you have the ability to
resolve the issue. Please note that when we forward the counter-notification, it
includes your personal information. If you are concerned about protecting your
anonymity, please consult with an attorney about other options. If the matter
has been resolved or the complainant does not seek a court order within the
statutory time period, we generally will re-post the material.

 

Ziff Davis reserves the right to remove any materials or content alleged to be
infringing without prior notice, at Ziff Davis’ sole discretion, and without
liability to you.

 

In appropriate circumstances, Ziff Davis will also terminate your account if you
are determined to be a repeat infringer.

 

Any person who knowingly misrepresents that material is infringing or that
material was removed or disabled by mistake or misidentification may be subject
to liability.

 

Disclaimer of Warranties; Limitation of Liability.

The Services and the Content are distributed on an “as is, as available” basis.
None of Ziff Davis, third party vendors or content providers or their respective
agents makes any warranties of any kind, either express or implied, including,
without limitation, warranties of title or implied warranties of merchantability
or fitness for a particular purpose, with respect to the Services, any Content
or any products or services sold through the Services. Neither Ziff Davis nor
any third party content provider warrants that any files available for
downloading through the Services will be free of viruses or similar
contamination or destructive features. Neither Ziff Davis nor any third party
content provider warrants that any of the goods or services linked to or
advertised in the Services comply with data protection or other relevant
legislation and Ziff Davis accepts no liability whatsoever for any claim arising
from such goods or services.

 

You expressly agree that the entire risk as to the quality and performance of
the Services and the accuracy or completeness of the Content is assumed solely
by you and Ziff Davis cannot guarantee the continued availability of any
particular component of the Services. You specifically acknowledge that Ziff
Davis is not responsible or liable for any unauthorized access to or alteration
of your materials, data or other transmissions entered into through the Services
or for any threatening, defamatory, obscene, offensive or illegal Content or for
conduct of any other party or for any infringement of another’s rights.

 

ZIFF DAVIS SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE. ZIFF DAVIS, ANY THIRD PARTY CONTENT
PROVIDER AND THEIR RESPECTIVE AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OR
CORRUPTION OF INFORMATION OR DATA, LOSS OF BUSINESS OR LOST PROFITS, LOSS OF
REPUTATION OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE
SERVICES, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY EVEN
IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF,
NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, ZIFF DAVIS IS FOUND TO
BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY
CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF ZIFF DAVIS SHALL IN NO EVENT
EXCEED THE GREATER OF (I) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH
RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR
TO THE DATE OF THE INITIAL CLAIM MADE AGAINST ZIFF DAVIS, OR (II) ONE HUNDRED
U.S. DOLLARS ($100.00).

 

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM,
OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, YOU RELEASE ZIFF DAVIS
FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR
IN ANY WAY CONNECTED WITH SUCH A DISPUTE, AND AGREE TO HOLD ZIFF DAVIS HARMLESS
IN CONNECTION WITH ANY SUCH DISPUTE.

 

Some jurisdictions do not allow exclusion of implied warranties or certain
limitations of liability, including for incidental or consequential damages,
punitive or exemplary damages, bodily or moral (reputational) damages, gross
negligence, death or personal injury caused by negligence, personal injury or
loss of or damage to property caused by defective products, fraud and/or
fraudulent misrepresentation, or recklessness, so the above limitations or
exclusions may not apply to you. In such jurisdictions, the liability of Ziff
Davis, third party content providers and their respective agents shall be
limited to the greatest extent permitted by applicable law.

 

Member Disputes

You are solely responsible for your interactions with other Members of the
Services. Ziff Davis reserves the right, but has no obligation, to monitor
disputes between you and other Members and to take action (e.g., account
deletion or removal of content posted by a user) if Ziff Davis determines that
there has been a violation of the Agreement or if such action is otherwise
necessary or desirable, in its sole discretion.

 

International Use

We make no claims that any Material, Services or any Content is appropriate or
may be downloaded outside of the United States or outside the country where such
Material, Services or any Content was produced. Access to the Material, Services
or any Content may not be legal in certain countries or for certain persons. If
you access any Material, Services or Content from outside of the United States,
you do so at your own risk and are responsible for compliance with the laws of
your jurisdiction. You agree to comply with: (i) all local rules regarding user
conduct on the Internet and acceptable content; and (ii) all applicable laws
regarding the downloading and/or transmission of technical data and other
material from or to the United States and the country in which you are located.

 

No Submission of Unsolicited Ideas

Ziff Davis does not accept unsolicited ideas of any kind, including ideas for:
advertising; promotions; new products, technologies, processes, or materials;
marketing plans; or product names. Please do not send us any such ideas or
materials relating to such ideas. This is to avoid any potential
misunderstanding or dispute should our products or marketing strategies seem
similar to unsolicited ideas submitted to us. If, despite this request, you do
send us any unsolicited ideas or materials, we make no assurances that such
ideas or materials will be treated as confidential or proprietary.

 

Binding Arbitration

ARBITRATION NOTICE: Unless you opt out in accordance with this Section, any
dispute, claim or controversy arising out of or relating to this Agreement or
the breach, termination, enforcement, interpretation or validity thereof,
including the determination of the scope or applicability of this agreement to
arbitrate, shall be determined by arbitration in New York, New York before a
single arbitrator. The arbitration shall be administered JAMS, pursuant to its
Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration
award may be entered in any court having jurisdiction. This clause shall not
preclude parties from seeking provisional remedies in aid of arbitration from a
court of appropriate jurisdiction. Notwithstanding the foregoing, each party
shall have the right to institute an action in a court of proper jurisdiction
for injunctive or other equitable relief pending a final decision by the
arbitrator.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL
BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO
BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND
(III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A
PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER
PERSONS. If the specific provision of this paragraph is found to be
unenforceable, then the entirety of this Section entitled “Binding Arbitration”
shall be null and void.

 

YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS
PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS
INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY
COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING,
WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND
STATUTORY CLAIMS.

 

You may opt out of this agreement to arbitrate. If you opt out in accordance
with this Section, neither you nor Ziff Davis can require the other to
participate in an arbitration proceeding. To opt out, you must notify Ziff Davis
in writing within thirty (30) days of the date that you first became subject to
this arbitration provision. You must use this address to opt out:

 

Ziff Davis, LLC

ATTN: LEGAL: Arbitration Opt Out

114 5th Avenue 15th Floor

New York, New York 10011

 

You must include your name and residence address, the email address, if any, you
use for your respective Ziff Davis account, and a clear statement that you want
to opt out of this arbitration agreement.

 

Limitation Period for Claims.

You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of our sites or the Agreement
must be filed within one (1) year after such claim or cause of action arose or
be forever barred.

 

Miscellaneous

We may be required by international, state or federal law to notify you of
certain events. You hereby acknowledge and consent that such notices will be
effective upon our posting them on our sites or delivering them to you through
e-mail. Subject to the arbitration provision above and for all purposes of this
Agreement, this Agreement shall be construed in accordance with the laws of the
State of New York, without reference to principles of choice of law. You and
Ziff Davis each irrevocably consent to the personal jurisdiction of the federal
or state courts located in New York, New York, the Borough of Manhattan (the
“Courts”) with respect to any action, suit or proceeding arising out of or
related to this Agreement or to the Services (including without limitation any
Content) and waive any objection to venue in any of the Courts for such an
action, suit or proceeding (whether based on forum non conveniens or otherwise);
additionally, you agree that you will not bring any such action, suit or
proceeding in any court other than the Courts.

 

This Agreement constitutes the entire agreement between the parties with respect
to the subject matter hereof, and supersedes all previous written or oral
agreements between the parties with respect to such subject matter. If any
inconsistency exists between the terms of this Agreement and any additional
terms and conditions posted on the Services, such terms shall be interpreted as
to eliminate any inconsistency, if possible, and otherwise, the additional terms
and conditions shall control. If any provision of this Agreement is held
invalid, illegal or unenforceable in any respect, (i) such provision shall be
interpreted in such a manner as to preserve, to the maximum extent possible, the
intent of the parties, (ii) the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby, and
(iii) such decision shall not affect the validity, legality or enforceability of
such provision under other circumstances.

 

New Jersey Residents.

If, and to the extent that New Jersey law applies, with respect to residents of
New Jersey, the terms in Sections 6 (insofar as any claims may arise from, or
relate to, consumer protection or fraud and/or misrepresentation, or result in
attorney’s fees), 9 and 14 do not limit any rights you may have as a consumer
under New Jersey law and are intended to be only as broad and inclusive as
permitted by the laws of the state of your residence. Subject to the foregoing,
Ziff Davis, third party content providers, and their respective agents reserve
all rights, defenses, and permissible limitations under New Jersey law. Nothing
in this Section shall modify the binding arbitration clause and waiver for class
action and jury trial in Section 13.

 

Australia Residents.

Nothing in these Terms (including in Sections 6, 9 and 14) limits, excludes or
modifies any rights you may have under any law, including under the Australian
Consumer Law (the “ACL”) and consumer guarantees under the ACL, which may not be
limited, excluded or modified by agreement (including where such exclusion,
restriction or modification would be illegal or void under such law).

 

Privacy Policy.

The Ziff Davis Privacy Policy will be made available on the property from which
you accessed these Terms. Such Privacy Policy is incorporated by reference into
these Terms.

 

QUESTIONS? Please contact ZDLegal1@ziffdavis.com and insert “Terms of Use” in
the subject line if you have any questions or comments about the Agreement, or
to report user conduct violating the Agreement.







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