Terms of Use

Terms of Use

Last updated September 13, 2016

Introduction

Welcome to the Loyyal website (the “Loyyal Site”). Loyyal Corporation (“Loyyal”, “we”, “us” or “our”) provides the Loyyal Site to you subject to the following terms and conditions of use, together with any documents expressly incorporated by reference including our Privacy Policy and our Cookie Policy (the “Terms"). Access to and use of the Loyyal Site is offered to you conditioned on your acceptance without modification of the Terms. Your use of the Loyyal Site constitutes your agreement to the Terms, so please read the Terms carefully. If you do not want to agree to the Terms, you must not access or use the Loyyal Site. Please note that we may revise and update the Terms from time to time in our sole discretion. All changes are effective immediately when we post the, and apply to all access to and use of the Loyyal Site thereafter. Your continued access and use of the Loyyal Site following the posting of revised Terms means that you accept and agree to them. You are expected to check this page each time you access the Loyyal Site so you are aware of any such changes, as they are binding on you.

Please be aware that when you open an account with Loyyal or enter into any transaction with Loyyal, you may also be subject to a Customer Agreement or other similar agreement governing your use of our services.

Electronic Communications

Visiting the Loyyal Site or sending emails to Loyyal constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Loyyal Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use the Loyyal Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. 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. You are responsible for making all arrangements necessary for you to have access to the Loyyal Site. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Loyyal is not responsible for third party access to your account that results from theft or misappropriation of your account, or for any other reason. To access the Loyyal Site or some of its resources, you may be asked to provide certain registration details or other information. It is a condition of your access to and use of the Loyyal Site that all ifnormation you provide to us is correct, current and complete, and that you agree that it is governed by the Terms (and consent to all actions we take with respect to your information consistent with the Terms). Loyyal and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion without notice. We will not be liable if for any reason all or any part of the Loyyal Site is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Loyyal Site to you and/or other users.

Loyyal does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may use the Loyyal Site and enter into a Customer Agreement only with written permission of a parent or guardian provided to us in advance in writing at [INSERT EMAIL ADDRESS]. By using the Loyyal Site, you represent and warrant that you are of legal age to form a binding contract with Loyyal. If you are unable to do so, you must not access or use the Loyyal Site.

Third-Party Services

The Loyyal Site may contain links to other websites (“Linked Sites"). The Linked Sites are not under the control of Loyyal, and Loyyal is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Loyyal is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Loyyal of the site or any association with its operators.

Certain services made available via Loyyal Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Loyyal Site domain, you hereby acknowledge and consent that Loyyal may share such information and data with any third party with whom Loyyal has a contractual relationship to provide the requested product, service or functionality on behalf of Loyyal Site users and customers.

Prohibited Uses and Intellectual Property

You are granted a limited use, non-exclusive, non-transferable, non-assignable, non-sublicenseable, revocable license to access and use Loyyal Site strictly in accordance with these Terms. As a condition of your access to and use of the Loyyal Site, you warrant to Loyyal that you will not use the Loyyal Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Loyyal Site in any manner that could damage, disable, overburden, or impair the Loyyal Site or interfere with any other party’s use and enjoyment of the Loyyal Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Loyyal Site.

The Loyyal Site and all of its content, features and functionality, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Loyyal Site, is the property of Loyyal, its licensors or its suppliers and protected by copyright, trademark, patent, trade secret and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Loyyal Site. Loyyal Site content is not for resale. Your use of the Loyyal Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Loyyal and its owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Loyyal or our licensors except as expressly authorized by the Terms. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Loyyal Site in breach of the Terms, your right to use the Loyyal Site 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 the Company. Any use of the Loyyal Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

 

Communication Services

The Loyyal Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services"). You agree to access and use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service or the Loyyal Site in general, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary legal and other consents in writing; upload files that contain viruses, corrupted files, trojan horses, worms, logic bombs or any other similar software or programs that may damage the operation of another’s computer or the Loyyal Site, or which are otherwise malicious or technologically harmful; use any device, software or routine that interferes with the proper working of a Communication Service or the Loyyal Site; impersonate or attempt to impersonate Loyyal, a Loyyal employee or representative, another user or any other person or entity by any means whatsoever; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes, chain letters, junk mail, spam or any other similar solicitation; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; use such Communication Service for the purpose of exploiting or harming (or attempting to exploit or harm) minors in any way, including by exposing them to inappropriate content or asking for personally identifiable information; attack the Loyyal Site via a denial-of-service or a distributed denial of service attack; or violate any applicable laws or regulations.

Loyyal has no obligation to monitor the Communication Services. However, Loyyal reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Loyyal reserves the right to terminate your access and/or your right to use any or all of the Communication Services at any time without notice for any reason whatsoever.

Loyyal reserves the right at all times to disclose any information as necessary or reasonably desirable to satisfy any applicable law, regulation, legal process or governmental order, investigation, proceeding or the like; to take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Loyyal Site; to disclose your identity or other information about you to any third party who or which claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;  or to edit, refuse to post or to remove any information or materials, in whole or in part, in Loyyal’s sole discretion.YOU WAIVE AND HOLD HARMLESS LOYYAL AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Loyyal does not control or endorse the content, messages or information found in any Communication Service and, therefore, Loyyal specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. Any breach of such limitations may result in termination of your right to access and use the Communication Service or the Loyyal Site in our sole discretion.

Content Standards

These content standards apply to any and all Contributions and use of the Loyyal Site. In addtion to any other requirements or conditions set forth in the Terms, Contributions must not: contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms; be likely to deceive any person; promote any illegal activity, or advocate, promote or assist any unlawful act; cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; impersonate any person, or misrepresent your identity or affiliation with any person or organization; or give the impression that they emanate from or are endorsed by Loyyal or any other person or entity, if this is not the case.

 

Materials

Loyyal does not immediately claim ownership of the materials you provide to Loyyal Site (including feedback and suggestions) or post, upload, input or submit to any Loyyal Site or our associated services (collectively “Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Loyyal, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Loyyal is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Loyyal’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third-Party Accounts

We may permit you, from time to time, to connect your Loyyal account to third party accounts. By connecting your Loyyal account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by Loyyal from our offices within the United States of America. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not access or use the Loyyal Site or its content in any country or in any manner prohibited by any applicable laws, restrictions or regulations. We make no claims that the Loyyal Site or any of its content is accessible or appropriate outside of the United States.

Reliance on Information Posted

The information presented on or through the Loyyal Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Loyyal Site, or by anyone who may be informed of any of its contents.

The Loyyal Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Loyyal, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Loyyal. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Indemnification

You agree to indemnify, defend and hold harmless Loyyal and its affiliates, and their respective stockholders, officers, directors, employees, contractors, advisors, agents and third parties, for any and all claims, actions, causes of action, proceedings, investigations, obligations, penalties, fines, damages, fees, losses, costs, liabilities and expenses (including attorneys’ fees and court costs) relating to or arising out of your access or use of, or inability to access or use, the Loyyal Site or its content, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Loyyal reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Loyyal at your sole cost and expense in asserting any available defenses.

Disclaimer of Certain Liabilities; Limitation of Liability

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE LOYYAL SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LOYYAL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE LOYYAL SITE AT ANY TIME.

LOYYAL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE COMPLETENESS, SECURITY, QUALITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE LOYYAL SITE OR THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE LOYYAL SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. LOYYAL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE LOYYAL SITE AND THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.WITHOUT LIMITING THE FOREGOING, NEITHER LOYYAL NOR ANYONE ASSOCIATED WITH LOYYAL REPRESENTS OR WARRANTS THAT THE LOYYAL SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LOYYAL SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE LOYYAL SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE LOYYAL SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LOYYAL SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

FURTHERMORE, 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 ACCESS OR USE OF THE LOYYAL SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE LOYYAL SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY LOYYAL SITE LINKED TO IT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOYYAL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE LOYYAL SITE, WITH THE DELAY OR INABILITY TO USE THE LOYYAL SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE LOYYAL SITE, OR OTHERWISE ARISING OUT OF THE ACCESS TO OR USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LOYYAL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE LOYYAL SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Termination/Access Restriction

Loyyal reserves the right, in its sole discretion, to terminate your access to the Loyyal Site and its related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms and their subject matter shall be governed by and construed in accordance with the laws of the State of California (without giving effect to any choice or conflict of law provision or rule of the State of California or any other jurisdiction), and you hereby irrevocably consent to the exclusive jurisdiction and venue of courts within the State of California in all legal suits, actions, proceedings, and disputes arising out of or relating to your access to or use of the Loyyal Site or otherwise in connection with these Terms (although we reserve the right to bring any suite, action or proceeding against you for breach of these Terms in your country of residence or any other country). Use of the Loyyal Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Loyyal as a result of this agreement or use of the Loyyal Site. Loyyal’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Loyyal’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Loyyal with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, the Terms constitute the entire agreement between the user and Loyyal with respect to the Loyyal Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Loyyal with respect to the Loyyal Site, except for any Privacy Policy or Customer Agreement into which you enter with Loyyal. In the case of any conflict, the terms of that Customer Agreement will control. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents be written in English.

Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Loyyal that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed upon;

  • A description of where the material that you claim is infringing is located on the Site;

  • Your address, telephone number, and e-mail address;

  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Loyyal’s Copyright Agent for notice of claims of copyright infringement can be reached at the addresses listed in the “Contact Us” section below.

Reviews and Comments

We may, from time to time, permit you or other visitors to post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Loyyal reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

Changes to Terms

Loyyal reserves the right, in its sole discretion, to change the Terms under which Loyyal Site is offered. The most current version of the Terms will supersede all previous versions. Loyyal encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Loyyal welcomes your questions or comments regarding the Terms via email at [email protected]

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