|
Doodlebuy.com utilizes
commission-based affiliate marketing from our partner vendors. To ensure that
you, as a Doodlebuy.com Registered User ("User"), fully understand what your
rights are as a User, and what our responsibilities are to you, we have created
this User Agreement ("Agreement"). As a User of the Doodlebuy.com website
(referred to herein as "Doodlebuy.com" or the "Site"), you agree that you have
read, understood and agreed to the following "Terms and Conditions," and consent
to be bound by all of the "Terms and Conditions," including any future
amendments or updates thereto.
Terms and Conditions
DOODLEBUY CASH BACK
As a User of Doodlebuy.com, you have the ability to earn money in the form of
automatic rebates, which are separate and apart from, and in addition to, any
other discounts available through Doodlebuy.com. ("Doodlebuy Cash Back"). This
section identifies the manner in which you may earn Doodlebuy Cash Back, when
you will be paid, what rights you have as a User to the Doodlebuy Cash Back you
have earned, and Doodlebuy's rights and responsibilities with respect to the
Doodlebuy Cash Back program.
1. Program Overview. The Doodlebuy Cash Back rebates program (the "Program")
allows Doodlebuy.com Users to shop with Doodlebuy's participating online
vendors, and earn Cash Back. The Program is free to Users, and is conferred as a
benefit of registration with Doodlebuy.com. You are under no obligation to
participate or redeem your Doodlebuy Cash Back.
As a User, Doodlebuy Cash Back is automatically earned when you make a
qualifying online purchase from a participating online vendor in the Program (a
"Participating online vendor") . All online vendors listed on Doodlebuy.com
participate in the Program. The amount of cash back you may earn by making a
qualifying purchase from a participating vendor is identified by a corresponding
offer ( % or $ ) to the vendor name.
2. Eligibility. The Program is offered for purchases made through links on the
Doodlebuy.com website. You must have Internet access and a valid working e-mail
address to receive the privileges of the Program. Further, participation in the
Program is limited to individuals that are 18 years of age or older.
3. Earning Doodlebuy Cash Back. To be eligible to receive Doodlebuy Cash Back,
you must make a qualifying purchase. Generally, in order to make a qualifying
purchase, you must satisfy the following criteria:
(a). You must be 18 years of age or older.
(b). You must log on to Doodlebuy.com with your user name and password;
(c). You must link to a Participating Vendor from Doodlebuy.com's web pages;
(d). You must add items to your cart;
(e). You must complete your transaction; and
(f). You must have cookies enabled on your web browser.
Reasons why you will not earn Doodlebuy Cash Back, include, but are not
limited to, the following:
(a). You are under the age of 18.
(b). You do not log onto Doodlebuy.com with your user name;
(c). You go directly to the participating merchant without first visiting our
Stores page;
(d). You complete multiple transactions without returning to our Stores page.
(Completing each transaction ends your "cash back session" with Doodlebuy, and
you have to start over to earn cash back on additional items).
(e). You type a new address (URL) in the window opened by a Doodlebuy web
page;
(f). You click on any "special offers" or toolbars from other websites while
shopping;
(g). You allow too much time to lapse between linking to the merchant and
completing the purchase.
(h). You contact the merchant to change an order.
(i). You fail to abide by the restrictions imposed by a Participating
Merchant.
Determination of whether or not a purchase made through a Participating
Merchant is at the discretion of Doodlebuy.com and the Participating Merchant.
Doodlebuy.com is not responsible for tracking problems resulting from incorrect
usage of the Doodlebuy.com site, disabling cookies, computer issues resulting
from unknown causes such as third-party software or other issues, merchant
partner errors/omissions or from any other failure of tracking mechanisms.
Upon registration of your user name with Doodlebuy.com, an account will be set
up in your name for all Doodlebuy Cash Back you earn. The appropriate Doodlebuy
Cash Back rebate will be posted to your account as "Reported" within thirty (30)
days of the date on which a Participating Merchant reports your transaction to
Doodlebuy.com. For a period of ninety one (91) to one hundred twenty one (121)
days thereafter, your account will refer to the Doodlebuy Cash Back rebate as
"Pending." This time period is in accordance with the Participating Merchant's
right to reverse a transaction for return purposes. Once the participating
merchant authorizes the payment of Doodlebuy.com's commission in connection with
a qualifying purchase made by you, we will credit your account with the
applicable Doodlebuy Cash Back. Your Doodlebuy Cash Back earned will be
identified as "Available," at which time you can request a payment redeeming
your Doodlebuy Cash Back. You can view your balance and history by clicking My
Account link from the top menu of any page.
4. Requesting Payment Doodlebuy Cash Back. You may request to redeem your earned
Doodlebuy Cash Back designated as "Available" in your account only after you
available balance is $10.00 or more . To receive Doodlebuy Cash Back in an
amount greater than $10.00, you may request to receive payment in redemption of
your Doodlebuy Cash Back by standard check. The Doodlebuy Cash Back will be
distributed to the User within thirty (30) days of the User's request for
payment. Doodlebuy.com is not responsible for lost mail or any other event
beyond the control of Doodlebuy that would prevent a user from receiving their
payment.
You are solely responsible for redeeming Doodlebuy Cash Back. There is no
automatic or periodic redemption.
5. Account Adjustments. Doodlebuy Cash Back awarded to you is subject to
adjustments for returns and cancellations, Doodlebuy's receipt of information
and payments on such purchases/orders from Participating Merchants, and other
events. Doodlebuy reserves the right to make adjustments to User's accounts at
any time. If you disagree with any adjustments made to your account, your sole
remedy is to discontinue use of Doodlebuy.com.
Doodlebuy is not responsible for changes to, or discontinuance of, any
Participating Vendor, or any Participating Vendor's withdrawal from the Program,
or for any effect on accrual of Doodlebuy Cash Back caused by such changes,
discontinuance or withdrawal.
6. Termination of Program. Doodlebuy reserves the right to terminate the Program
at any time with notice. In the event the Program is terminated, you will have
sixty (60) days to redeem your Doodlebuy Cash Back from the date notice is
transmitted by Doodlebuy to the email address specified in your account.
Notification will be sent to the email address provided to Doodlebuy during the
registration process. Doodlebuy will not be responsible for failing to notify
you of Program termination where such failure is caused by an inaccurate email
address, your failure to check email online, or your failure to inform Doodlebuy
of a change in your email address.
7. Member Responsibilities. You are responsible for maintaining accurate account
information at all times, including valid email address information. You are
responsible for keeping your email address, password and all other information
concerning your account confidential. Doodlebuy is entitled to act on
instructions received under your username and password. Doodlebuy is not
responsible for any credits or debits made to your account by someone else who
uses your username or password. Doodlebuy will not be responsible for any losses
or liabilities incurred through the use of your password by a third party.
You are also responsible for reviewing your account balance on a regular basis,
and for checking to ensure that all Doodlebuy Cash Back has been properly
credited to your account. If a discrepancy occurs in your Doodlebuy Cash Back
account, such as a rebate not being credited to the account, then you must
contact Doodlebuy via our customer support link on the Site, within sixty (60)
days of the purchase/order date from a Participating Merchant. Failure in
contacting Doodlebuy within that sixty (60) day period will result in no
customer support rebate inquiries to the Participating Merchant for the said
purchase/order.
8. General.
(a) Participation in the Program is personal to you. Doodlebuy Cash Back
received under the Program may not be assigned or transferred to any third
party, except as expressly permitted by Doodlebuy, in writing. The sale,
transfer, lending, exchange, pooling or barter of any Doodlebuy Cash Back,
other than by Doodlebuy, is expressly prohibited. Any Doodlebuy Cash Back
assigned, sold, or otherwise transferred in violation hereof may be
confiscated or canceled.
(b) You authorize Doodlebuy to disclose to third parties information you have
provided, or information that Doodlebuy has obtained about your Doodlebuy Cash
Back account: (i) to agents of Doodlebuy or its affiliates, such as
independent auditors, consultants or attorneys; (ii) in connection with the
establishment or exercise of Doodlebuy's legal rights, defense against legal
claims, compliance with applicable laws or regulations, or to comply with a
valid legal process such as a search warrant, subpoena or court order; (iii)
where it is necessary for redemption or transfer of your Doodlebuy Cash Back.
(c) You authorize Doodlebuy to receive any account information from any
affiliated merchant including, but not limited to, information regarding any
purchase made by you through utilization of Doodlebuy.com, such as: the
products ordered, the order number, the time and date of the purchase, the
email address entered for the purchase. You agree to hold the affiliated
merchant harmless for any information disclosed to Doodlebuy.
(d) You are responsible for any taxes that may be due on Doodlebuy Cash Back
redeemed by you.
(e) Doodlebuy Cash Back has no cash value until such time as you request and
receive a payment in accordance with Article III, Section 4, herein above, and
you shall have no property rights or other legal interest in Doodlebuy Cash
Back.
GENERAL PROVISIONS
1. Use of Online Coupons. Doodlebuy provides online coupons as a free service to
its Users. Doodlebuy is not responsible for the redemption, errors/omissions or
expiration of online coupons and it is your responsibility to make sure that a
discount, special pricing, or free offer is present in the checkout process of
an Affiliate Merchant. All offers and promotions on this site are subject to
change without notice. Doodlebuy has no control over the legality of any coupons
or other offers made by Affiliate Merchants, the ability of any of the Affiliate
Merchants to complete the sales in accordance with the offers, or the quality of
the goods offered by the Affiliate Merchants. Doodlebuy has no control over
whether Affiliate Merchants will honor the offers shown on Doodlebuy.com, and
does not guarantee the accuracy or completeness of the information contained on
the website. In the event you have a dispute with an Affiliate Merchant in any
way relating to the Doodlebuy.com website or the use of information from the
website, you agree to waive and release Doodlebuy from any and all claims,
demands, actions, damages (actual and consequential), losses, costs or expenses
of every kind and nature, known and unknown, disclosed and undisclosed relating
to that dispute.
2. DISCLAIMERS AND LIMITATIONS ON LIABILITY.
Doodlebuy.com IS BEING PROVIDED BY Doodlebuy "AS IS" AND "AS AVAILABLE." TO THE
MAXIMUM EXTENT PERMITTED BY LAW, Doodlebuy DISCLAIMS ALL REPRESENTATIONS AND
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO Doodlebuy.com, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY
PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR
COURSE OF PERFORMANCE. YOU AGREE THAT Doodlebuy WILL NOT BE LIABLE FOR ANY COSTS
OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY AFFILIATED MERCHANT, AND
YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST Doodlebuy AND ITS MEMBERS,
OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND
REPRESENTATIVES. Doodlebuy DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES
REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY AFFILIATE MERCHANTS OR
SUPPLIERS. Doodlebuy DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE
WILL BE UNINTERRUPTED OR ERROR-FREE, AND Doodlebuy ASSUMES NO RESPONSIBILITY FOR
ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE, INCLUDING,
BUT NOT LIMITED TO, YOUR INABILITY TO RECEIVE DOODLEBUY CASH BACK BY PURCHASING
ITEMS WITH A PARTICIPATING MERCHANT.IN NO EVENT SHALL Doodlebuy BE LIABLE FOR
ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION
COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY
DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION
WITH YOUR USE OF Doodlebuy.com; ANY ACT OR OMISSION BY Doodlebuy IN
ADMINISTERING THE WEBSITE OR THE PROGRAM; OR THE PURCHASE OR USE OF ANY GOODS OR
SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF Doodlebuy HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES DO NOT ALLOW LIMITATIONS
ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.YOU AGREE TO INDEMNIFY AND HOLD Doodlebuy, ITS PARENTS, SUBSIDIARIES,
AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR
DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR
ARISING OUT OF YOUR USE OF Doodlebuy.com, THE VIOLATION OF THESE TERMS AND
CONDITIONS BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY OTHER USER OF YOUR
ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR
AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE
MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS.
3. Amendment to Agreement. THE "TERMS AND CONDITIONS" SET FORTH WITHIN THIS
AGREEMENT MAY CHANGE FROM TIME TO TIME; Doodlebuy WILL POST THOSE CHANGES ON
THIS PAGE. YOU CONSENT TO BE BOUND BY ALL THE SAID "TERMS AND CONDITIONS,"
INCLUDING ANY AND ALL UPDATES THERETO. Doodlebuy WILL NOT BE RESPONSIBLE IF YOU
DO NOT LEARN OF THE MODIFICATION. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE
OF THE Doodlebuy.com SITE REGULARLY TO DETERMINE WHETHER THIS AGREEMENT HAS BEEN
MODIFIED. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THIS AGREEMENT, YOU MUST
IMMEDIATELY TERMINATE YOUR USER NAME, PASSWORD AND REGISTRATION.
4. Compliance with Laws and Regulations. You agree to comply with all applicable
laws, rules and regulations. You may participate in Doodlebuy.com if and to the
extent that such participation is permitted by such laws, rules and regulations.
Doodlebuy may refuse to enroll, restrict, modify or terminate your username,
password and registration without liability to you or any other third party if
you violate any law, rule or regulation, of if your participation could violate
any law, rule or regulation.
5. Proprietary Rights to Content. You acknowledge that Doodlebuy.com content,
including but not limited to: text, sounds, photographs, graphics, or other
material contained in any Doodlebuy.com communication, advertisements or
messages, whether by Doodlebuy, Doodlebuy.com or Doodlebuy's advertiser's or
Affiliated Merchants, service and software are protected by copyrights,
trademarks, service marks, patents, and/or other proprietary rights and laws.
You are only permitted to use content, service, or software as expressly
authorized by Doodlebuy, its advertisers and Affiliated Merchants, as the case
may be.
6. Termination of Agreement.
(a) Any violation of the Terms and Conditions of this Agreement is grounds
for termination of your user name, password and registration with
Doodlebuy.com.
(b) Doodlebuy reserves the right to terminate your user name, password and
registration, if your account is inactive for twenty-four (24) consecutive
months. An account shall be deemed and considered to be inactive if there has
not been any Doodlebuy Cash Back earning activity.
(c) You may terminate your user name, password and registration at any time by
sending an email to our 24 Hour Customer Service.
(d) If your user name, password and registration with Doodlebuy.com is
terminated for any reason, either by you or by Doodlebuy, you shall forfeit
any and all earned Doodlebuy Cash Back in your account.
7. Notice. All Doodlebuy notices will be given by email, postal mail, or by
general posting to the Doodlebuy.com website.
8. Waiver. Doodlebuy's failure to exercise or enforce any right or provision of
this Agreement shall not constitute a waiver of such right or provision.
9. Choice of Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Arizona, without reference to conflicts
of law rules.
10. Severability of Provisions. Any provision (or part thereof) of this
Agreement which is found to be invalid, prohibited, or unenforceable, shall be
ineffective only to the extent of such prohibition and unenforceable, without
invalidating the remainder of the provision or the remaining provisions hereof.
To the extent permitted by the applicable law, each of the parties hereto hereby
waives any provision of law which prohibits or renders unenforceable any
provisions hereof in any respect.
|