DealTattle Terms of Service

Last Modified: September 14, 2009

PLEASE READ THE FOLLOWING TERMS OF SERVICE (INCLUDING THE LEGAL DISCLAIMER, LIABILITY LIMITATIONS AND OTHER PROVISIONS BELOW) CAREFULLY BEFORE USING THIS WEB SITE OR USING OUR OTHER SERVICES. This Terms of Service Agreement (referred to as the "Agreement") is between you and DealTattle, LLC and governs your use of service provided by DealTattle through the website and any software developed and distributed by DealTattle.

Sometimes in this Agreement DealTattle, LLC will be referred to as "DealTattle" or "Us". The "DealTattle Service", sometimes referred to as just the "Service", means the service provided through both the web site located at www.DealTattle.com (including any subdomains) (the "Web Site") and the any software applications developed and distributed by DealTattle (the "Software").

Please read this Agreement carefully before using any aspect of the DealTattle Service.

By using the DealTattle Service you agree to comply with the terms of this Agreement. If you do not agree to this Agreement, do not use the DealTattle Service.

PLEASE READ OUR PRIVACY POLICY AS WELL. To find it click here.

Eligibility. By using the DealTattle Service, you agree that you are 18 years old or older, or the legal age in your jurisdiction to form a legally binding agreement. If you are under 18 years old, you may use the DealTattle Service only with the supervision and consent of your parent or legal guardian. If you are under 13 years old, then you may not use the DealTattle Service. Membership in the DealTattle Service is void where prohibited by applicable law, and the right to access the DealTattle Site is revoked in such jurisdictions.

Changes to this Agreement. You agree and understand that these Terms of Service, the DealTattle Site and the DealTattle Services may be modified by DealTattle at any time without prior notice, and such modifications will be effective upon DealTattle's posting of the new terms and/or upon implementation of the new changes on the DealTattle Site.

Changes to the DealTattle Service. You agree that we may change the DealTattle Service or remove the DealTattle Service at any time in our sole discretion, for any reason or no reason and with or without notice to you.

Effect of Changes. You agree that if you continue to use the DealTattle Service after we have posted a change to this Agreement, then you are bound by the most recent version of this Agreement. In other words, your continued use of the DealTattle Service means that you agree to be bound by the most current version of this Agreement.

We own the DealTattle Service. You agree that the DealTattle Service, including, but not limited to the Web Site and the Software, is owned by us. That means that as between you and us, you acknowledge that we own, or we license from other companies, any copyrights, trademarks, technology, patents in and to the Service and that you will not make any claim to any ownership in the Service (or any part of the Service).

Creating profiles and registering with the DealTattle Service. You do not need to register with DealTattle to use the DealTattle Service. However, to take advantage of some of DealTattle's features you may need to register with DealTattle and create a profile. If you do register with DealTattle and create a profile, you will be required to provide certain information which may include your first and last name, screen name, blog name, your email address and your zip code. You may also be asked to supply other information and/or create a profile which, though not required, may be helpful to other users of the DealTattle Service in learning more about you. The information that you supply on your profile will be public. If you do not want the information to be public, please do not create a profile. If you do register and create a profile on the DealTattle Service, you agree that all registration information you provide to DealTattle will be current, accurate and complete. You further agree that DealTattle may refuse your registration or profile for any reason in DealTattle's sole discretion. DealTattle may also terminate or cancel your account or profile, without any notice to you, for any reason in its sole discretion. You are solely responsible for maintaining the confidentiality of your password. You are also solely responsible for all activities that occur under your account. Any account name and password assigned to you by DealTattle, and/or accepted by DealTattle from you, for your access to the DealTattle Service shall be for your personal use only. You agree to immediately notify DealTattle of any unauthorized use of your account or password.

Content. You agree that you are solely responsible for any data, text, graphics, messages, or other materials ("Content") which is transmitted, posted, or distributed by you through the DealTattle Service, including but not limited to the contents of your information or reviews. All Content posted by you is your sole responsibility. DealTattle does not control the Content posted by users such as yourself via the DealTattle Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will DealTattle be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted via the DealTattle Service. Subject to the terms of DealTattle' Privacy Policy, you agree if you post any Content on the Web Site, you grant to DealTattle, its parent, subsidiary and affiliated companies, and each of their successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Content, to distribute, display, modify, redistribute, sublicense and reproduce such Content to other users of the Web Site and the DealTattle Service, to third parties with whom DealTattle has a relationship, in marketing and/or promotional materials in any form or manner whatsoever.

Removal of Content. DealTattle reserves the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via on the DealTattle Service for any reason, at any time, without notice to you.

Public Access. You acknowledge that, unless otherwise expressly indicated, other people who use the DealTattle Service will be able to view your user name, your profile and any Content that you transmit, post, or distribute through the DealTattle Service. Please do not transmit, post or distribute any sensitive or confidential information. Please see our Editorial Guidelines for more information.

Things you agree not to do: You agree not to do the following:

• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• violate DealTattle's Editorial Guidelines;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the DealTattle Service;
• upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any other person, company or organization;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• interfere with or disrupt the DealTattle Service or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to the DealTattle Service;
• violate any applicable local, state, national or international law or regulations;
• "stalk" or otherwise harass another; or collect or store personal data about other users;
• Use the DealTattle Service for any purpose other than strictly for non-commercial personal use.
• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Web Site.
• Remove any copyright, trademark, or other proprietary rights notices contained in the Web Site.
• Use the Web Site in any manner that harms or degrades our service, our company or any third party.
• Harvest or collect information about Web Site visitors or users.

Venue Only. If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the DealTattle Service, such activity is solely between you and the applicable third party. DealTattle shall have no liability, obligation or responsibility for any such activity. You hereby release DealTattle from all claims arising from such activity.

Privacy. We may collect certain personal and non-personally identifiable information from you when you use the DealTattle Service. Our use of both personally identifiable and non-personally identifiable information is governed by our Privacy Policy, which describes your privacy rights.

Term and Termination. This Agreement shall remain effective until terminated in accordance with its provisions. You agree that we may modify or terminate your use of the DealTattle Service at any time, for any reason or for no reason, and without notice or liability to you or any third party. Upon termination of this Agreement by either party, your right to use the DealTattle Service shall immediately cease. If you stop using the DealTattle Service in any way, you agree that this Agreement shall continue in force.

Indemnification — The circumstances that you agree to pay for our legal fees, costs and damages. You agree that if you use the Web Site or any information gathered through the Web Site in a manner that violates this Agreement or harms another person or company, or causes another person or company to seek any loss, damage, claim or demand against us or our parent or affiliated companies, then you agree to pay for any costs, fees or damages we incur related to that loss, damage, claim or demand. You agree that we may choose, at our own expense, to take control of the exclusive defense of any matter, but doing so shall not excuse your indemnity obligations.

Disclaimer of warranty. THE DEALTATTLE SERVICE, ANY INFORMATION AND ANYTHING ELSE RELATING TO THE DEALTATTLE SERVICE, ARE PROVIDED BY DEALTATTLE "AS IS" AND YOU USE THEM AT YOUR SOLE RISK. ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. DEALTATTLE IS ALSO NOT RESPONSIBLE FOR, AND DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND/OR PERFORMANCE. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ACCESS OF THE DEALTATTLE SERVICE. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN. Some states and jurisdictions do not allow the disclaimer of warranties or limitations on how long an implied warranty lasts, so the above disclaimer and limitation may not apply to you.

Limits on our liability. UNDER NO CIRCUMSTANCES SHALL DEALTATTLE OR ITS PARENT, SUBISIDIARY OR AFFILIATE COMPANIES OR ANYONE WORKING FOR OR ON BEHALF OF DEALTATTLE OR ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, BE LIABLE TO YOU FOR ANY COST OF PROCUREMENT OF ANY GOODS OR SERVICES NOR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, IN ANY CASE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE DEALTATTLE SERVICE OR THE INFORMATION PROVIDED THROUGH THE DEALTATTLE SERVICE, NO MATTER WHAT THE CLAIM IS BASED ON AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states or jurisdictions do not allow us to limit our liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Governing Law. This Agreement shall be governed by and construed in accordance with, the laws of the State of New York, without regard to that state's conflict of law provisions. The state and federal courts in and for New York County, New York shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to this Agreement.

Severability. If any section or paragraph in this Agreement is found to be invalid, illegal, or unenforceable, then you agree that the Agreement shall then be interpreted as if that section or paragraph was removed and the rest of the Agreement remained in effect and in place.

Contact and Violations. Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to legal@DealTattle.com.

Mark. DealTattle is a proprietary service mark of DealTattle LLC.