Last Modified: May 15, 2020
Welcome to Sivan™ Social (a d/b/a of Savings.com, Inc.). These Terms of Service (the “Terms“) are a binding legal agreement (“Agreement”) between you and Savings.com Inc. (“Savings.com”, “Sivan™ Social”, “Company”, “we”, “us”, or “our”), regarding your use of the SivanSocial.com website (the “Website”) and other websites owned and operated by Sivan™ Social to the extent applicable (the Website, its functionality, and access to other websites owned, are collectively referred to as the “Service“). Please read these Terms carefully.
1. Changes to the Terms of Service.
Your subsequent and continued use of the Website after we post revised Terms of Service means that you accept and agree to the changes. You are expected to be familiar with the Terms of Service then-applicable each time you access this Website, so you must check for any changes to our policies that may affect you, as they are binding on you.
2. Changes to the Website.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
3. Accessing the Website and Account Security.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. Users are responsible for making all necessary arrangements to have access to the Website and to ensure that all persons who access the Website through Users’ Internet connection are aware of these Terms of Service and comply with them.
To access the Website, you are not required to register with us. However, certain sections, features of the Website, or additional communications from us may only be available to users who have provided certain personally identifiable information to us (“Registered Users”). All Registered Users agree to accurately maintain and update any personal information provided to us.
If you choose, or are provided with, a user-name, password, or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security by emailing us at: firstname.lastname@example.org. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
4. Copyright and Limited License.
The Service and all information, data, and other content and materials available on the Service, including, without limitation, the Sivan™ Social logo, the Savings.com logo, and all designs, trademarks, service marks, company logos, trade names, produce names, product names, text, documents, graphics, software, videos, sound files, other files, and the selection and arrangement thereof (collectively, “Content”), are the proprietary and copyrighted property of Savings.com and its suppliers and licensors and are protected by U.S. copyright laws.
If you comply with all the terms and conditions of these Terms, we grant you a limited, personal, non-commercial, revocable, non-transferable, and non-exclusive license to access the Service and to electronically copy (except where prohibited without a license) and print to hard copy portions of the Content for your personal and non-commercial purposes only. The Service is for your personal use and not for resale or further distribution. This license is revocable at any time.
Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Service; (b) rent, lease, or sublicense access to the Service; nor (c) circumvent or disable any security or technological features or measures of the Service.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Sivan™ Social. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: email@example.com.
SivanSocial.com, the Sivan™ Social logo, the Savings.com logo and any other product or service name or slogan contained on the Service and in any Content are trademarks of Savings.com and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or that of the applicable trademark holder (as the case may be). All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service or in any Content are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by Sivan™ Social.
6. Copyright Infringement.
If you believe that any Content on the Service infringes upon any copyright that you own or control, you may file a notice of infringement with Sivan™ Social’s designated agent at:
Attn: DMCA Complaints
2500 Broadway Suite F-125
Santa Monica, CA 90404 USA
or email: firstname.lastname@example.org.
We may give notice of a claim of copyright infringement to users of the Service by means of a general notice on the Service, electronic mail to a user’s email address in its records, or by written communication sent by first-class mail to a user’s address in its records.
7. Prohibited Uses.
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website: (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries); (ii) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (iii) to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (iv) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Further, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; use any manual or automated process to monitor, copy, or scrape any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent; use any device, software or routine that interferes with the proper working of the Website; introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; and/or otherwise attempt to interfere with the proper working of the Website.
8. Account Registration.
We may terminate your use of the Website or any of its features at any time and for any reason without notice for conduct violating this Agreement. Upon any such termination, you must destroy all content obtained from the Website and all copies thereof. The provisions of this Agreement concerning the Website security, prohibited activities, copyrights, trademarks, disclaimers, limitation of liability, indemnity, and jurisdictional issues shall survive any termination. You agree that if your use of the Website is terminated pursuant to this Agreement, you will not attempt to use the Website under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you shall indemnify and hold the Company, its officers, employees, and agents harmless from any and all liability that we may incur therefore.
9. Interactive Services.
The Service may include interactive features and services, including social networking functionality, forums, message boards, ratings or review functionality, and similar services, in which you or third parties may send messages to Service users, and create, post, or store profile data, pictures, ratings or reviews, and other Content on the Service (“Interactive Services”). You are solely responsible for your use of Interactive Services and use them at your own risk. By using any Interactive Services, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the Service any of the following:
- Materials that are unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
- Material that violates, or that causes Sivan™ Social or its affiliates or subsidiaries to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction;
- Material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available;
- Private or confidential information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, and any trade secrets or information for which you have any obligation of confidentiality or material that impersonates any person or entity, or misrepresents your affiliation with the Service or with any other person or entity;
- Material that is or contains any advertising or solicitation, including, without limitation, links to commercial products or services or any political campaigning (except in portions of the Service that are expressly designated as portions in which such Material is allowed, such as the posting of coupons by non-commercial users);
- Comments that in any way refer to persons under 18 years of age;
- Personal data about any user;
- Viruses, corrupted data, or other harmful, disruptive, or destructive files; or
- Material that, in the sole judgment of Sivan™ Social, is objectionable, restricts or inhibits any person or entity from using or enjoying any Interactive Services or other portions of the Service, or which may expose Sivan™ Social or its users to harm or liability of any nature.
Sivan™ Social takes no responsibility and assumes no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage thereto. Although Sivan™ Social has no obligation to screen, edit, or monitor any material posted on or transmitted through the Service, Sivan™ Social reserves the right, and has absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through the Service at any time and for any reason without notice.
If you post material on or through the Service, then, unless Sivan™ Social indicates otherwise, you (a) grant Sivan™ Social and its subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material throughout the world in any media; (b) grant Sivan™ Social and its affiliates, subsidiaries, and sublicensees the right to use the name that you submit in connection with such material, if they choose; and (c) represent and warrant that you own and control all of the rights to the material that you post, or you otherwise have the right to post such material to the Service; and the use and posting of material you supply does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for Sivan™ Social or for third parties.
You acknowledge and agree that any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to Sivan™ Social (excluding material that you post on the Service in accordance with these Terms), are non-confidential and shall become the sole property of Sivan™ Social. Sivan™ Social will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
11. Third-Party Content.
The Service may contain links to Web pages and content of third parties (“Third-Party Content”) as a service to those interested in this information. Sivan™ Social does not monitor, endorse, or adopt, or have any control over, any Third-Party Content. Sivan™ Social undertakes no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness.
Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Websites or Third-Party Content to which you navigate from the Service. You access and use Third-Party Content at your own risk.
The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Sivan™ Social, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
You will defend, indemnify and hold harmless Sivan™ Social, its subsidiaries and affiliates, and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms of Service, or your violation of any rights of a third party.
13. Information About You and Your Visits to the Website.
14. Links from the Website.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements, and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you choose to do so entirely at your own risk and subject to the terms and conditions of use for such websites.
15. Geographic Restrictions.
We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
16. Disclaimer of Warranties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code that may be harmful to your device(s). You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY GOVERNING LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
17. Limitation on Liability.
TO THE FULLEST EXTENT PERMITTED BY GOVERNING LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Sivan™ Social, its affiliates, licensors and service providers, and any and all respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or any policy related to this Website for your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.
19. Governing Law and Jurisdiction.
All matters relating to the Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any controversy or claim arising out of or related to this Agreement or use of the Website, including disputes arising from or concerning interpretation, violation, invalidity, non-performance, or termination, shall be exclusively settled through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Expedited Procedures, which may be found at https://www.adr.org/sites/default/files/Commercial%20Rules.pdf or by searching the American Arbitration Association’s website. One arbitrator shall preside over the arbitration. To the fullest extent allowed under governing law, you agree that this arbitration will only be on an individual basis, and not on a class or collective basis. In any such arbitration, Sivan™ Social will pay all costs unique to arbitration, except that you shall be required to pay a portion of the filing fee equal to the filing fee for a complaint filed in the state court serving your locale that would otherwise have had subject matter jurisdiction over the dispute.
21. Limitation on Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
22. Waiver and Severability.
No waiver by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
23. Entire Agreement.
24. Your Comments and Concerns.
If you have any questions or concerns about the Service, or these Terms, you may contact Sivan™ Social through our website, SivanSocial.com, or write us at:
Attn: Customer Service
2500 Broadway Suite F-125
Santa Monica, CA 90404