Terms Of Use & Privacy

The Promo Goddess, LLC, together with its partners and affiliates, owns, operates, or provides a network of interactive services and applications (together, “Promo Goddess”, “we”, “us”, “our”). These Terms of Use (“Terms of Use”) govern your use of any website within The Promo Goddess network (“Site”), application (“Application”), Content (defined below) or other service (collectively with any Site, Application, Content, referred to as the “Service”) that includes an authorized link to these Terms of Use.

In order to make use of the Service and the Content (as defined below), you must agree to be bound by these Terms of Use and by our Privacy Policy. If you object to anything in these Terms of Use or the Privacy Policy, you are prohibited from using the Service.

PLEASE READ THESE TERMS OF USE (TOGETHER WITH OUR PRIVACY POLICY, THE “TERMS”) FULLY AND CAREFULLY BEFORE USING THE SITE, REGISTERING FOR THE SERVICE AND/OR DOWNLOADING THE APPLICATION. THE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE APPLICATION, THE SITE AND THE SERVICE. THE TERMS ARE SUBJECT TO CHANGE BY US AT ANY TIME, EFFECTIVE UPON POSTING THROUGH THE SERVICE. BY ACCESSING THE SERVICE AFTER ANY SUCH CHANGE, YOU ACCEPT THESE TERMS AS MODIFIED.

1. Qualification. The Service is not intended for or directed to persons who are minors (typically persons under the age of 13, depending on where you live). Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using the Service, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors. We may, in our sole discretion, refuse to offer access to or use of the Service to any person or entity without notice and change eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited or to the extent offering of the Service conflicts with any applicable law, rule or regulation. Further, the Service is offered only for your use, and not for the use or benefit of any third party.

2. Alterations. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.

3. User Content. All Content added, created, uploaded, submitted, streamed, distributed, or posted to the Service by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. By posting or submitting Content on or to the Service (regardless of the form or medium with respect to such Content, whether text, videos, photographs, images, audio, profiles, data, comments, reviews or otherwise) or using any widget available through the Service, you hereby do and shall grant us, and our affiliates, agents and third party contractors a worldwide, non-exclusive, royalty-free, fully paid, indispensable and transferable right and license to reproduce, display, perform, or publish such Content on the Service and in any media formats and through any media channels, including, without limitation, third party websites, feeds and on or in our affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such Content, to distribute such Content, and to use, edit, modify and otherwise exploit such Content, including, without limitation, running paid advertising on or adjacent to any such Content and for promoting and redistributing part or all of the Application, Site or the Service (and derivative works thereof).

4. Content Availability. We do not guarantee that any Content will be made available through the Service. Further, we have no obligation to monitor the Service. However, we reserve the right to (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Use), or for no reason at all and (ii) remove or block any Content from the Service. We have sole and complete discretion over the programming of Content through the Service, including without limitation on widgets or syndicated units made available to publishers and other web sites, through implementation assistance from our personnel or otherwise made available by us. We may display on Applications, the Site and through the Service (including through any widgets or syndication units that you may use on other sites) paid Content, including without limitation paid advertisements sold by us or third parties.

5. Code of Conduct.

  1. As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. You shall abide by all applicable local, state, national and international laws and regulations.

  2. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:

    1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;

    2. you know is false, misleading, untruthful or inaccurate;

    3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;

    4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);

    5. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;

    6. impersonates any person or entity, including any of our employees or representatives; or

    7. includes anyone’s identification documents or sensitive financial information.

  3. You shall not (directly or indirectly):

    1. take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;

    2. interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;

    3. bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);

    4. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction;

    5. modify, translate, or otherwise create derivative works of any part of the Service;

    6. run any form of auto-responder or “spam” on the Service;

    7. use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;

    8. harvest or scrape any Content from the Service;

    9. copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; or

    10. otherwise take any action in violation of our guidelines and policies.

6. Disclaimer. 

  1. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding:

    1. which users gain access to the Service;

    2. what Content you access via the Service;

    3. what effects the Content may have on you;

    4. how you may interpret or use the Content; or

    5. what actions you may take as a result of having been exposed to the Content.

7. Privacy.

We collect information that you provide directly to us. You may provide different types of Personal Information to us when you engage in certain Website(s) activities, such as creating an account, ordering a product or service, submitting, posting or accessing various content or features, subscribing to mobile push notifications, responding to and submitting a form, participating in our blogs or forums, entering a sweepstakes, contest, promotion or other special initiative, signing up for a special offer, completing a survey, sending feedback, requesting or submitting information, applying for a job, or directly contacting us. It is optional for you to engage in such activity, however, if you choose to do so, we may require that you provide us certain Personal Information. Depending upon the activity, some of the information we ask you to provide is required and some is voluntary. If you do not provide required information for a particular activity, you may not be permitted to engage in that activity. We also ask that you not send us, and that you not share, any sensitive Personal Information, for example, social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background and/or trade union membership.

2.2 We may also collect certain information automatically, we may collect data that is not linked but may be linkable to an individual or to a particular device (such as “hashed” email addresses or usernames so as to be non-identifiable, and demographic information such as gender, age or income when not tied to PII), and location data that describes the precise geographic location of a device. This information may be collected through various technologies, including through use of cookies, web beacons and other technologies, and may include the following: your browser and mobile phone, tablet or other device type, operating system and name of your Internet service provider; web pages you visit on the Website(s); IP address, browser type, profile information, geo-location information; information about your interactions with email messages, such as whether the messages were opened and the links clicked in those emails; and standard server log information.

2.3 We collect email lists. When you use the Website(s), you may be given the option to subscribe to or to be added to our subscription or email list. Whether or not you select either option, your Personal Information may be shared with third parties consistent with this Privacy Policy. Subscriptions to the email list can be cancelled at any time.

Payment processing information is not collected by us. We currently use a third party for payment processing. We do not receive or store your credit card or bank account information, and we do not want you to send us your credit card or bank account information. Please review the terms of use and privacy policies of the third party payment processor prior to providing Personal Information to them.

Use of Your Personal Information

We use the Personal Information we collect for various purposes, including to:

• authenticate users

• provide the services you request

• enable you to participate in features such as surveys, reviews, blogs or forums, or to enter sweepstakes, contests, promotions and other special initiatives and to communicate with you about them

• complete your purchase transactions, fulfill your orders, keep you informed about the status of our services and your orders

• identify your product and service preferences, including so that we can notify you of new or additional products, services, and promotions that might be of interest to you

• improve our services and merchandise selections, customer service, and overall Website(s) experience

• analyze the use of our products and services and information about visitors to the Website(s)

• conduct or facilitate market research

• update and maintain the accuracy of our information

• communicate with you by email, postal mail, telephone, text message, push notification or other means about our company, our products, or other information that we believe may be of interest to you

• provide others with your information for the limited purposes described in this Privacy Policy

• send you notices of a transactional, administrative or relationship nature or as required by law.

3.2 We use the Personal Information (and other information as outlined below) that we collect to customize your experience and to allow advertising to be targeted to users for whom such advertising is most pertinent. We may also use this information to customize certain features of the Website(s) to provide you with an enhanced experienced based on the type of device you are using to access the Websites, and in certain cases, provide you with requested services.

3.3. We may use demographic and preference information to allow advertising on the Website(s) to be targeted to the users for whom they are most pertinent. This means users see advertising that is most likely to interest them, and advertisers send their messages to people who are most likely to be receptive, improving both the viewer’s experience and the effectiveness of the ads. We disclose information to third party advertisers only in aggregate or de-identified form.

Sharing Personal Information With Third Parties

4.1 We are committed to maintaining your trust and we want you to understand when and with whom we may share Personal Information and information collected about you.

4.2 We may disclose your Personal Information to outside individuals and/or companies who help us: bring you the products and services we offer; create, operate, and maintain the Website(s); and with specialized services such as payment processing, shipping, mail and e-mail distribution, mobile messaging, Website(s) hosting, monitoring, analytics, sweepstakes and promotions management, and survey processing. We provide these companies only with the information they need to perform their services. We also work with third parties, such as ad networks, analytics companies and social networking platforms, and they may collect information about your online activities over time and across our sites and other online services. We may also contribute to or participate in cooperative databases, which give other companies access to Personal Information.

4.3 If you choose to enter a sweepstakes, contest or other promotion, your information may be disclosed to third parties who help design, administer and implement the promotion, including in connection with winner selection, prize fulfillment and aggregated data analysis. Your information also may be disclosed as required by law, such as on a winners list.

4.4 We may disclose your Personal Information when legally required to do so, to cooperate with law enforcement investigations or other legal proceedings, to protect against misuse or unauthorized use of the Website(s), to limit our legal liability and protect our rights or to protect the rights, property or safety of users of the Website(s) or the public.

4.5 We may provide products or services jointly with or through certain third-party businesses, including but not limited to retail businesses. We may share your Personal Information with such entities to help them deliver to you related goods and services, and to provide you with better service and to measure a program’s value. Sharing this information will allow such providers to market products and services directly to you, should they so choose.

4.6 In addition, if we go through a business transition, such as a merger, acquisition by another company or a financing, investment, support or funding, sharing or sale of all or a portion of our assets, your Personal Information may be among the assets shared or transferred. If we engage in any of these types of transactions, your information will be subject to our Privacy Policy in effect at the time of the transfer or sharing of such information.

4.7 The Website(s) may allow users to post comments and other content to the Website(s). Any Personal Information that you post to the Website(s) will become public information and will be accessible by other users of the Website(s). In addition, your user name will be viewable by other users, and we therefore encourage you to use a user name that is not your actual name. We have no responsibility to maintain the privacy or security of any such Personal Information that you may choose to post to the Website(s).

4.8 By providing us with your telephone number, you are authorizing us, our service providers and our and their affiliated companies to deliver or cause to be delivered SMS text messages, texts, push notifications and voice message notifications, including promotional messages, using an automatic telephone dialing system. You are not required to receive such messages, or enter into an agreement to receive promotional text messages as a condition of purchasing any property, goods or services. Registered users may choose not to receive text messages from us by not providing their cell phone number to us at registration or in any other form you may fill out with us. You can also cancel the SMS service at any time by replying ‘STOP’ via text. Please note that standard message rates and data charges from your cellular service provider apply to sending and/or receiving text messages. You are solely responsible for such message rates and data charges.