Unlike our Privacy Policy where we believe we can accomplish the proper goals with more plain language, the Terms of Service are, unfortunately and by necessity, more verbose. Please take the time to read and understand this document.

PLEASE READ THESE TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY PLAYERSPOT/IT’S ON ME! SOCIAL GIFTING (“IOMG”) THIS AGREEMENT PROVIDES THE BINDING RULES AND REGULATIONS FOR THE USE OF IOMG REGARDLESS OF METHOD OF ACCESS (WEB, FACEBOOK, OR OTHER) AND COVERS ALL SERVICES OFFERED.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, and recipients of goods or services offered by IOMG.

IOMG is a Marketplace

IOMG allows partner vendors to offer goods and/or services for sale. IOMG facilitates the transaction, but does not take title to any actual goods or services, nor does IOMG transfer legal ownership to the goods or services in question. IOMG’s sole responsibility is to provide a receipt to the recipient which the vendor can then honor according to the vendor’s policies. IOMG offers tools to assist vendors in applying presentation and sales restrictions to various products; however, IOMG has no control over the quality, safety, morality or legality of any aspect of the items listed, nor the accuracy of the product representation.

IOMG cannot guarantee the true identity, age, and nationality of a user. It is the responsibility of vendors to validate that any recipient is legally entitled to (and legally allowed to) receive the goods and/or services offered.

By participating in IOMG, you agree that IOMG is a venue and as such is not responsible or liable for any content, accurate or inaccurate, provided by you, for the use of IOMG, publicly or privately.

Use of IOMG is at your own risk.

Allowable users

The IOMG service involves financial transactions, and as such, is limited to those users who are legally allowed to form legally binding contracts in the jurisdiction of purchase. You represent and warrant that you are of age of majority in your jurisdiction or can otherwise enter into a binding agreement (such as under the proper supervision of a parent or legal guardian, where the parent or legal guardian is then responsible for the actions taken). You agree that purchases made under misrepresentation of this fact are non-refundable. IOMG reserves the right to refuse access to any user for any reason at any point, under IOMG’s sole discretion, without refund for any purchases made.

Legal compliance

Some of the products offered by vendors in the IOMG marketplace may have voluntary or legal age restrictions applied to their sale; you agree that you will not attempt to circumvent these restrictions by any means. You or your gift recipient are responsible for all applicable taxes.

You agree that this agreement (or others referenced) may be updated from time to time (with or without notice) and that you must abide by these collective agreements.

Passwords and other account information

Regardless of method of access (Facebook application, Facebook connect, direct web connect, other) you must keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify IOMG of any breach of security or suspected unauthorized use of IOMG under your account. You also agree that IOMG cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party for the use of this service.

Right to Refuse Service

IOMG services are available at-will. IOMG reserves the right to refuse service to anyone, for any reason, at any time.

Fees and Services

IOMG builds relationships with vendors for offering products and services to other IOMG users. The charges for and length of commitment relating to these relationships may vary depending on vendor; no agreement with one vendor shall constitute and on-going obligation to other vendors (actual or potential), nor shall it constitute an obligation to maintain service pricing beyond the agreed-to period. IOMG reserves the right to modify vendor pricing and charges at any time.

Vendors offer products and services for sale via the IOMG service. IOMG does not charge individual users additional fees.

When individual users purchase goods or services, whether to give as a gift or for individual use, the user is responsible for any costs, fees, taxes, or charges associated with purchasing this item.

IOMG uses external payment processors (such as PayPal) and does not store any financial data (such as credit card numbers).

Handling and use of personal data is subject to the IOMG Privacy Policy.

Account termination

Vendors may terminate their relationship with IOMG under the terms of the vendor’s individual agreement.

Users may terminate their use of IOMG in three ways: (1) stop visiting the IOMG application, (2) terminate access to information (such as through removing access to information via Facebook privacy controls), or (3) delete the user account (which permanently deletes the account and any associated purchases/gifts, without refund).

Account transfer

Except under the features provided by IOMG, account information (such as, but not limited to, purchases and received gifts) will not be transferred from one account to another. For example, closing a Facebook account that possesses unredeemed gifts will cause those gifts to be inaccessible until the account is reactivated; the gifts cannot be transferred to another account unless there is an explicit public feature of IOMG to perform this action.

Offering goods for sale

Vendors warrant to IOMG that the goods and services offered are being offered in good faith. Any goods or service purchased will be fulfilled within the terms of the business’s standard operations.

Purchasing and Receiving

All sales are binding and final with respect to IOMG. Because IOMG is not offering nor participating in the transfer of goods or services, you agree that obligation to fulfill the purchase lies with the vendor. Vendor contact information is made available at purchase time and at redemption time. You agree to contact the vendor to resolve any questions, comments, or disputes relating to the purchase or gifting of the item or service.

You agree that you will not transfer age-restricted products or services to recipients who do not meet the legally- or voluntarily-applied restrictions in the jurisdiction of receipt. You agree that a vendor is not obligated to honor goods or services in this case, that the redemption will be permanently invalidated, and no refunds will be made in this event.

Intellectual property and legal compliance

Vendors offer goods and services for sale. Vendors warrant that they have the legal right to offer these goods. IOMG is not responsible for vendor adherence to governmental regulation or 3rd-party product sales restrictions. All logos, trade marks, branding, and other product or service marks that do not represent IOMG and its service belong to their respective holders. Vendors represent and warrant that these logos, marks, and any other intellectual property not held by the vendor are being used with proper permission and in accordance with the property holder’s guidelines.

Images used to represent listings on IOMG are copyright protected. When applicable, vendor grants a worldwide, non-exclusive license to IOMG for use of the image(s) in any manner necessary to provide and promote the IOMG service. Vendor warrants that it has the right to grant such license.

Individual users grant worldwide, non-exclusive rights to any content the user generates on IOMG for the purposes of providing and promoting the service. Examples include (but are not limited to) the use of favorites, recommendations, geographic region mapping, rankings, and comments, subject to the IOMG Privacy Policy.

Vendor offerings and control of interaction

While IOMG reserves the right to refuse to accept any vendor listing, IOMG is not responsible for the content of vendor listings. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. You accept these risks and agree to hold IOMG harmless for the effects of these risks.

Scrapers, OpenGraphs, and external use

You agree that external application hosting platforms (such as Facebook) may republish or otherwise associate certain actions performed on the IOMG service without your explicit permission. For example, “Liking” an item on IOMG may post to your Facebook wall, and the use of that information falls under Facebook’s terms of service.

3rd-party websites may attempt to index or scrape information from the IOMG service, which may include information provided by vendors or individuals. You agree that IOMG may attempt to block such actions, but has no obligation to do so, nor any responsibility for failure to do so whether an attempt has been made or not.

Disputes, resolution, and release

If you have a dispute with the IOMG service itself, contact IOMG.

If you have a dispute with a vendor, or a vendor’s product or service, you agree that IOMG is not responsible for the vendor’s actions, products, or services, and that resolution must be handled directly with the vendor.

IOMG Intellectual property

Any IOMG logos, graphics, designs, scripts, services, and service names are property of IOMG. These may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion between IOMG and that product or service, or to imply a relationship with IOMG that does not exist.

Access

You agree that IOMG is an at-will service, and that the service is not guaranteed to be available 100% of the time with uninterrupted access. You agree that users and vendors are not due compensation for any lack of availability. You understand and agree that there is no warranty provided for the service to be error-free.

You agree that you are not allowed to use IOMG in an automated manner, or through any means that is likely to deprive other users of access, and that IOMG may disable or terminate any account that breaches this, without refund or compensation.

Breach

Without limiting any other remedies, IOMG may, without notice, and without refunding any fees, delay or immediately remove Content, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user, including publication to other users of IOMG, should any action or content be damaging or disparaging to IOMG, other vendors, other users, or the platform itself, indicate fraudulent activity, or attempts to circumvent voluntary or legal restrictions.

Privacy

Except as provided in the IOMG Privacy Policy IOMG will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. The computers used to manage and process IOMG are located in the United States that are protected by physical as well as technological security.

No Warranty

IOMG, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AND EMPLOYEES, (“THE IOMG GROUP”) PROVIDE THE IOMG WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE IOMG GROUP SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THE IOMG SERVICE. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM THE IOMG GROUP SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

WARRANTY AND OBLIGATIONS (IF ANY) FOR ALL PRODUCTS AND SERVICES OFFERED BY INDEPENDENT VENDORS ON THE IOMG SERVICE ARE THE RESPONSIBILITY OF THE VENDOR OFFERING THE PRODUCT OR SERVICE, OR THEIR ASSIGNS.

Liability

IN NO EVENT SHALL THE IOMG GROUP BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, THE IOMG SERVICE, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

IOMG LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF THE IOMG GROUP TO ANY SINGLE VENDOR IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE FEES PAID BY THAT VENDOR (EXCLUSIVE OF TRANSACTION CHARGES) FOR THE IOMG SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD THE IOMG GROUP HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any element of the IOMG service and, if applicable, your sale, purchase, or delivery of coupons. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on IOMG income).

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You and IOMG are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Changes to the IOMG Service

IOMG reserves the right to modify or terminate the service for any reason, without notice, at any time. IOMG reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If a material change is made, IOMG will notify you here, by email, by means of a notice on our home page, or other appropriate means as determined by IOMG. What constitutes a “material change” will be determined in the sole discretion of IOMG, in good faith, and using common sense and reasonable judgment.

Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Nevada and the United States of America.

Survival

Sections “Fees and Services”, “Intellectual property and legal compliance”, “Vendor offerings and control of interaction”, “Disputes, resolution, and release”, “IOMG Intellectual property”, “Access”, “Breach”, “Privacy”, “No Warranty”, “Liability Limit”, “Indemnity”, “Severability”, “No Agency”, “Choice of Law” shall survive any termination or expiration of this Agreement.

Effective 1-Feb-2011

One Response to “It’s On Me! Social Gifting Terms of Service”

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