Thank you for visiting a website, app, or service provided by iCheaping! We are delighted to offer you our content and services and appreciate your patronage. Before you engage with our website, app, or services, we encourage you to read these Terms of Service to understand what to expect when visiting and interacting with our various properties.
PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER”) AND DOTDASH MEDIA INC. OR THE APPLICABLE AFFILIATE OF DOTDASH MEDIA INC. DOING BUSINESS AS “iCheaping” (“COMPANY,” “WE,” OR “US”).
By accessing or using any website with an authorized link to this Agreement (each a “Website”), accessing or using any application with an authorized link to this Agreement (“App,” together with the Websites, the “Properties”), registering an account, or accessing or using any content, information, services, features, or resources available or enabled via the Properties (collectively with the Properties, the “Services”), or clicking on a button or taking another action to signify your acceptance of this Agreement, you:
- Agree to be Bound: Agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services.
- Legal Age Representation: Represent you are of legal age in your jurisdiction of residence to form a binding contract.
- Authority Representation: Represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization, or other legal entity on whose behalf you use the Services.
Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.
Your use of the Services is also subject to any additional terms, terms of use, conditions, and policies that we separately post on the Services (“Supplemental Terms”), which are incorporated by reference into this Agreement. Some of the specialized features and tools accessible through our Services are provided by third-party companies pursuant to their own separate terms of service (“Third-Party Terms”) that differ from ours. By using such third-party features and tools, you agree that your relationships with the third-party service providers will be governed by the applicable Third-Party Terms.
Subject to Section 5.9 of this Agreement, the Company reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You should regularly review this Agreement. Your continued use of the Services after any such changes constitutes your agreement to such changes.
1. Registration; Other Services
1.1 Registration Data. When applying for or registering an account for any of the Services, such as subscribing or accessing a magazine or other subscription (“Account”), you agree to provide accurate, current, and complete information (the “Registration Data”). You must promptly update your Registration Data in case of any changes, including name change, credit/debit card or payment account information, email address, or postal address. You may not register for an Account if barred or suspended from using the Services under any applicable law or by the Company. You will not maintain more than one Account for the same Company service simultaneously. You are responsible for all activities under your Account and agree not to share your Account or password. Notify the Company immediately of any unauthorized use or security breach.
1.2 Subscriptions. If you subscribe to a Company publication or other Service with a recurring charge, you agree to provide and maintain current payment account and contact information. If unable to charge your selected payment method, we may update your account information. Subscriptions’ terms will follow the offer at the time of enrollment, incorporated by reference into this Agreement.
1.3 Sponsored/Affiliate Content. Some Services may include content with links to third-party websites. By clicking on these links, you acknowledge leaving a Company Property and visiting a site not controlled by us.
1.4 Lead Generation. Certain Services may offer the opportunity to be contacted by third-party suppliers. By providing your contact information, you consent to being contacted by these third parties, and we bear no responsibility for their products or services.
1.5 Sweepstakes and Contests. All promotions on the Services are governed by official rules applicable to each promotion, incorporated into this Agreement.
1.6 Removal of Accounts. Company reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge having no ownership or property interest in your Account; all rights are owned by the Company.
1.7 Company’s Privacy Policy. Information collection and use policies, respecting the privacy of Registration Data and other data, are outlined in Company’s Privacy Policy, incorporated herein by reference into this Agreement.
2. User Content
2.1 Responsible Party for Content. You acknowledge that all user-generated content posted on or through the Services is the sole responsibility of the party originating it. Each User is entirely responsible for their User Content, including submissions such as ideas, suggestions, documents, and proposals. Company has no obligation to pre-screen User Content but reserves the right, in its sole discretion, to review, refuse, or remove any content that violates this Agreement or is objectionable. Company may disclose information to satisfy laws or regulations and edit, refuse to post, or remove any information violating this Agreement or applicable law.
2.2 Ownership of Your Content. Company does not claim ownership of any User Content (Your Content) you make available on the Services. By posting or publishing Your Content, you represent having all necessary rights. Except for Your Content, you have no right or title to any other content on the Services.
2.3 License to Your Content. Subject to applicable Account settings or license agreements, you grant Company an irrevocable, non-exclusive, worldwide, royalty-free license to use Your Content in any manner or medium. This license includes the right to identify you as the author and waive any moral rights. You will not receive compensation for the use of Your Content.
2.4 Ratings and Reviews. Ratings and reviews by Users are not endorsed by Company. Company disclaims liability for economic loss resulting from such ratings and reviews. Users agree to base ratings and reviews on actual experiences, avoid conflicts of interest, and comply with this Agreement. Company may exclude, prohibit, or remove such content at its discretion without notice.
2.5 Other Restrictions on User Conduct. Users agree not to use the Services for prohibited purposes. You shall not infringe on any rights, post unlawful, offensive, or deceptive content, engage in unauthorized advertising, impersonate others, or violate any posted rules or regulations. You are solely responsible for your activities and their consequences.
3. Ownership of and License to Use Company Services
3.1 Use of the Services. Except for User Content, Company and its suppliers own the rights, title, and interest in the Services, protected by copyright and intellectual property laws. You are granted a limited license to use the Services for personal, non-commercial purposes. Any additions to the Services are subject to this Agreement, and all rights not granted are reserved.
3.2 Trademarks. Company’s trademarks and related marks are owned by Company and may not be used without permission. Other trademarks appearing on the Services are property of their respective owners. You agree not to remove or obscure any copyright or trademark notices.
3.3 Restrictions on Use of Services. You agree not to: (a) license, sell, rent, or commercially exploit the Services; (b) frame or enclose Company’s trademarks; (c) use metatags or “hidden text” using Company’s name or trademarks; (d) modify, make derivative works, reverse engineer, or disassemble the Services; (e) use automated processes to scrape data; (f) use data for software development; (g) access the Services to build a similar website; (h) copy, reproduce, distribute, or transmit any part of the Services; (i) remove or destroy copyright notices; (j) use the Services in violation of any law; (k) attempt unauthorized access to other computer systems; (l) interfere with the proper functioning of the Services; or (m) attempt to harm the Services.
3.4 Third-Party Links. The Services may contain Third-Party Links. Company does not control or endorse these links and provides them as a convenience. Your use of Third-Party Links is at your own risk.
3.5 Embedded Video Links. Certain pages offer the ability to embed videos on other websites. By embedding, you agree not to alter the video, facilitate access through other tools, or insert unauthorized advertising. The Embedded Video may be used for commercial purposes, subject to certain conditions. Metrics related to Embedded Video access and viewing are credited to the Website, and you agree to defend, indemnify, and hold Company harmless from any claims arising from your use of Embedded Video.
4. Indemnification and Limitation of Liability
4.1 Indemnification. You agree to indemnify and hold the Company Parties harmless from any damages, losses, costs, liabilities, and expenses arising from claims related to: (a) violation of third-party rights by Your Content; (b) misuse of the Services; (c) violation of this Agreement; (d) violation of rights of another party, including Users; or (e) violation of applicable laws. Company reserves the right to assume the defense and control of any matter subject to indemnification, with your cooperation.
4.2 Disclaimer of Warranties and Conditions. Your use of the Services and any products offered is at your own risk. The Services and products are provided “as is” and “as available,” with all faults. The Company Parties disclaim all warranties, representations, and conditions, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Company Parties make no warranty that the Services or products will meet your requirements or be uninterrupted, timely, secure, or error-free.
4.3 Disclaimer of Certain Damages. To the fullest extent permitted by law, the Company Parties are not liable for indirect, incidental, punitive, exemplary, special, or consequential damages, or damages due to loss of data, production, use, business interruption, or procurement of substitute goods or services.
4.4 Cap on Liability. Under no circumstances will the total aggregate liability of the Company Parties exceed the greater of the total amount paid by you to Company in the twelve-month period before the incident or one hundred dollars ($100). This limitation does not apply to liability for death, tangible property damage, personal injury caused by gross negligence, or injury caused by fraud.
4.5 Basis of the Bargain. The limitations of damages are fundamental elements of the bargain between Company and you.
4.6 Exclusions. Some state laws may not allow the exclusion or limitation of certain damages, and in such cases, the foregoing disclaimers, exclusions, and limitations may not apply.
4.7 Survival. The provisions in this section survive termination of your Account, this Agreement, or your access to the Services.