No Employment Relationship
Couponssky.com is not an employment service and does not serve as an employer of any User (regardless of the volume of Content submissions to any of our Sites). We are not liable for any tax or withholding, including unemployment insurance, employer’s liability, social security, or payroll withholding tax. You understand and agree that if we are found liable for any tax or withholding tax in connection with your use of the Platform or Services, then you will immediately reimburse us an equivalent amount, plus interest and penalties.
No Agency Relationship
No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms.
Confidentiality
“Confidential Information” means any information disclosed by a disclosing party (e.g., Couponssky.com, Brands, or Influencers) to a receiving party either directly or indirectly, in writing, orally, or by inspection of tangible objects, other than information that you can establish: (a) was publicly known and made generally available in the public domain prior to the time of disclosure to the receiving party; (b) becomes publicly known and made generally available after disclosure to the receiving party other than through the receiving party’s action or inaction; or (c) is in receiving party’s possession, without confidentiality restrictions, prior to the time of disclosure by the disclosing party as shown by receiving party’s files and records. The receiving party shall not at any time (i) disclose, sell, license, transfer or otherwise make available to any person or entity any Confidential Information (except to those individuals who have a legitimate need to know such information and are bound in writing by confidentiality and non-use restrictions not less protective than those contained herein), or (ii) use, reproduce or copy any Confidential Information, except as necessary in connection with the purpose for which such Confidential Information is disclosed to the receiving party and in accordance with these Terms. The receiving party agrees to take all measures to protect the secrecy and avoid disclosure and unauthorized use of the Confidential Information. The receiving party may disclose Confidential Information if required by law to disclose the Confidential Information, provided that the receiving party gives the disclosing party prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure, and provided further that any such disclosure is limited to the minimum extent necessary to comply with the legal requirement. All Confidential Information shall remain the disclosing party’s personal property, and all documents, electronic media, and other tangible items containing or relating to any Confidential Information shall be delivered to the disclosing party immediately upon its request, and also, upon termination of the Terms.
Indemnification
You agree to indemnify, defend, and hold Couponssky.com, its parent company Duldul Solutions, its subsidiaries and Affiliates, and their respective employees, officers, and directors (each, a “Couponssky Entity” and collectively, the “Couponssky Entities”), and each Couponssky Entity’s licensors, organizations, licensees, consultants, contractors, agents, attorneys, owners, third-party service providers, results, and/or Services available in connection with third-party websites, social content and/or action, blogs, postings, content, applications, and/or emails (“Third-Party Products”), harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees (collectively, “Claims”), that actually or allegedly arise out of or result from your information or materials, use of the Platform or Service, any Content, your website, or your breach of these Terms. You agree to be solely responsible for defending any Claim against or suffered by Couponssky.com and/or any Couponssky Entity, subject to Couponssky.com and/or the Couponssky Entity’s right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all Claims against Couponssky.com, and/or any Couponssky Entity, provided that you will not agree to any settlement that imposes any obligation or liability on Couponssky.com and/or a Couponssky Entity without Couponssky.com’s prior express written consent.
Disclaimers
All users expressly agree that the platform and services are available on an “as is” basis, without warranty of any kind, express or implied, and that your use is at your own risk. Without limiting the generality of the foregoing, we disclaim to the maximum extent permitted by law any and all warranties, express or implied, including, without limitation, any (i) warranties of merchantability or fitness for a particular purpose, (ii) warranties against infringement of any third-party intellectual property or proprietary rights, (iii) warranties relating to delays, interruptions, errors, or omissions in the services or sites, or any part thereof, (iv) warranties relating to the transmission or delivery of the services or through the sites, (v) warranties relating to the accuracy or correctness of data, and any other warranties otherwise relating to performance, nonperformance, or other acts or omissions by any Couponssky Entity. Further, and without limiting the generality of any of the foregoing, there is no warranty that the services or the sites will meet your needs or requirements or the needs or requirements of any other person. In addition, you acknowledge and agree that we are not liable for telecommunications or internet outages. Services may be limited by many factors, including inherent risks of the internet.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the platform or services remains with you. Neither Couponssky.com nor any other party involved in creating, producing, or delivering the services will be liable for any direct, incidental, special, exemplary, or consequential damages, including lost profits, loss of data, or loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the sites or services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Couponssky.com has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In all events, our liability is limited to the greatest extent permitted by law.
Notices
We may give general notices to parties by posting on our Sites, or by electronic mail to the email address provided by a User. It is the party’s responsibility to ensure that their email address and any other contact information provided to us is updated, current, and correct. It is your responsibility to check these Terms to see if there has been a modification. Unless otherwise specified, any notice or other communication can be given by Couponssky.com by posting to the Site or via an application. For notices or communications by Couponssky.com made by email, if any, the date of receipt will be deemed the date on which such notice is transmitted.
Choice of Law
The Sites and Services are based solely in California. The Platform and Sites are “passive” Sites that do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. Accordingly, these Terms are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a state court located in Los Angeles, California for any action for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution Provision below. To the fullest extent allowed by Applicable Law, (a) all disputes, claims, and causes of action arising out of or in connection with these Terms, the Platform, or our Services, shall be resolved individually without resort to any form of class action; (b) all claims, judgments, and awards shall be limited to reasonable and actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (c) under no circumstances will any User be permitted to obtain any award for, and Users hereby waive all rights to claim, punitive, incidental, indirect, or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses.
You agree that any cause of action arising out of or related to the services or content must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred and waived.
Termination
We may, in our discretion and without liability to you, with or without cause, with or without prior notice, and at any time terminate these Terms or your access to the Sites and Services. Upon termination, we will promptly remit to you any funds in our control that we reasonably determine are owed to you. You may cancel your Account at any time by contacting us or following the prompts on the Sites. Please note that if your Account is canceled, we have no obligation to delete or return any Content you have posted to the Platform, including, but not limited to, any reviews or Feedback.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Couponssky.com’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Couponssky.com may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Severability
These Terms are intended to govern the agreement between Couponssky.com and you to the extent permitted by all Applicable Laws, including, without limitation, to exempt Couponssky.com from all liability to the extent permitted by law, and to exclude all warranties and any implied terms to the maximum extent permitted by law. If any provision (or portion of any provision) of these Terms is found to be illegal, invalid, or unenforceable under any Applicable Law, the remaining provisions (or portions of provisions) of these Terms shall remain in full force and effect and shall be enforced to the fullest extent permitted by law.
Dispute Resolution
In the event of a dispute, controversy, or claim arising out of or relating to these Terms or the Platform, the parties shall first attempt to settle the dispute through good-faith negotiation. If the dispute is not resolved through negotiation within thirty (30) days of the commencement of such negotiation, either party may bring the dispute to arbitration. Any arbitration will be administered by the American Arbitration Association (AAA) under its rules, and the arbitration will be held in Los Angeles County, California, unless the parties agree otherwise. The arbitrator’s decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The prevailing party in any action or proceeding to enforce these Terms will be entitled to costs and attorneys’ fees.
International Users
Couponssky.com is operated in the United States. If you access the Platform from outside the U.S., you are responsible for compliance with your local laws.
Feedback and Reporting Misconduct
We welcome feedback, comments, and suggestions for improvements to our Platform or Services. You can submit Feedback by contacting us or through other means provided on our Platform. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
General
The failure of Couponssky.com to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Couponssky.com. Except as expressly set forth in these