By entering your email, logging into your account, or accepting notifications, you agree to receive personalized offers from Plan My Fun. You may unsubscribe at any time.
PERFEC Services is a platform through which certain merchants (͞Merchants͟) (a) advertise and offer goods, gift-cards, services, or experiences through sweepstakes enter by users of PERFEC Services. Merchants are the sellers and issuers of the offers to sweepstakes winners
To access or to use PERFEC’s Services, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Services if you are a competitor of ours or if we have previously banned you from our Services or closed your account.
B. Permission to Use PERFEC’s Services
We grant you permission to use PERFEC’s Services subject to the restrictions in these Terms. Your use of PERFEC’s Services is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
C. PERFEC’s Services Availability
The Services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
D. User Accounts
You must create and account and provide certain information about yourself in order to use some of the features that are offered through the PERFEC App. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account.
E. Communication from PERFEC and other Users
By creating an account, you agree to receive certain communications in connection with the PERFEC App. You may also receive information regarding our sweepstakes giveaways from business and professionals in your geographic area.
“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the PERFEC App, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the PERFEC App. “PERFEC Content” means Content that we create and make available in connection with the PERFEC App. “Third Party Content” means Content that originates from parties other than PERFEC or its users, which is made available in connection with the PERFEC App. “PERFEC App Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and PERFEC Content.
A. User Content PERFEC
Services may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works, and any other content or material submitted or posted to PERFEC Services (collectively, “User Content”) through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs, or other communication facilities that may be offered on, through, or in connection with PERFEC Services from time to time. You may be required to have a PERFEC account to submit User Content.
In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. PERFEC makes no representations or warranties that the User Content you modify or remove will be modified or removed from PERFEC Services or elsewhere, or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.
Public Nature of Your User Content.
You understand and agree that User Content is public. Any person (whether or not a user of PERFEC’s services) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. PERFEC is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content.
Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by PERFEC. Other users may post User Content that is inaccurate, misleading, or deceptive. PERFEC does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of PERFEC. PERFEC does not control or endorse any User Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site, including, without limitation, any objectionable User Content.
As detailed in Section A above, contributing User Content or other information on or through PERFEC Services, is limited to individuals who are over the age of majority in the state or province in which they reside. PERFEC Services is designed and intended for adults. By contributing User Content or other content on or through the Communities, you affirm that you are over the age of majority in the state or province in which you reside. We will promptly delete User Content or other content associated with any account we obtain actual knowledge of that is associated with a registered user who is not at least the age of majority in the state or province in which he or she resides
B. Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by PERFEC.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
C. Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the PERFEC Services and any Other Media the right to access Your Content in connection with their use of PERFEC Services and any Other Media. Finally, you irrevocably waive, and cause to be waived, against PERFEC and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between you and PERFEC, you own Your Content. We own the PERFEC Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of PERFEC Services excluding Your Content, User Content and Third-Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the PERFEC Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the PERFEC Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to PERFEC Services and the PERFEC Content are retained by us.
PERFEC and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
F. Other User Content (including any that may have been created by users employed or contracted by PERFEC) does not necessarily reflect the opinion of PERFEC. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
As a condition of your use of PERFEC Services, you agree that:
1)You have reached the age of majority in the state or province in which you reside;
2)You are able to create a binding legal obligation;
3)You are not barred from receiving products or services under applicable law;
4)You will not attempt to use PERFEC Services with crawlers, robots, data mining, or extraction tools or any other functionality;
6)You have the right to provide any and all information you submit to PERFEC Services, and all such information is accurate, true, current, and complete;
7)You will update and correct information you have submitted to PERFEC Services and ensure that it is accurate at all times (out-of-date information will invalidate your account);
8)You will refrain from using any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, ͞data mine,͟ or in any way reproduce or circumvent the navigational structure or presentation of PERFEC Services or its contents;
9)You will not use PERFEC Services in any way that could interfere with, disrupt or negatively affect PERFEC Services or the servers or networks connected to PERFEC Services;
10)You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through PERFEC Service;
11)You will not frame͟ or ͞mirror͟ any part of the Service without PERFEC’s prior written authorization;
12)You will not use meta tags or code or other devices containing any reference to PERFEC or PERFEC Services (or any trademark, trade name, service mark, logo or slogan of PERFEC) to direct any person to any other website for any purpose;
13)You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of PERFEC Services, or cause others to do so;
14)You will not use or develop any third-party applications that interact with PERFEC Services or other users’ Content or information without our written consent;
15)You will use, access, or publish the PERFEC App programming interface without our written consent;
16)You will not probe, scan or test the vulnerability of our PERFEC Services or any system or network;
17)You will not encourage or promote any activity that violates this Agreement;
18)You will not promote a business or other commercial venture or event, or otherwise use PERFEC Services for commercial purposes, except in connection with a Business Account and as expressly permitted by PERFEC;
19)You will not, and will not assist, encourage, or enable others to modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit PERFEC Services or PERFEC Content (other than Your Content), except as expressly authorized by PERFEC;
20)You will not reverse engineer any portion of PERFEC Services
21)The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
You may only create and hold one account on the PERFEC App for your personal use. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit, or delete your personal information; and (b) opt-out of persistent login. You understand and agree that PERFEC shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using PERFEC Services or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against PERFEC and its users any claims and assertions of any moral rights contained in such Feedback.
PERFEC Services may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third-Party Site. You agree that we are not responsible for the availability or contents of such Third-Party Sites. Your use of Third Party Sites is at your own risk.
PERFEC Services may contain advertisements and promotions offered by third parties and links to other web sites or resources. PERFEC is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. PERFEC is not responsible or liable for such third parties’ terms or actions.
We do not accept or consider, directly or through any PERFEC employee or agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans, or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images, or other work in any form (͞Unsolicited Materials͟). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them: PERFEC has no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and PERFEC will own, and may use and redistribute, Unsolicited Materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.
You agree to indemnify, defend, and hold PERFEC, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “PERFEC Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of PERFEC Services, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with PERFEC Services, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. PERFEC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of PERFEC. PERFEC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE PERFEC ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UPTO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE
ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING PERFEC SERVICES. BY ACCESSING OR USING PERFEC SERVICES, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TOTHESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVINGUP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
A.PERFEC SERVICES IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE PERFEC ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE PERFEC ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE PERFEC ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM PERFEC SERVICES’INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH PERFEC SERVICES.
B.THE PERFEC ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON PERFEC SERVICES OR PERFEC SERVICES’ USERS. ACCORDINGLY, THE PERFEC ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON PERFEC SERVICES. YOUR PURCHASEAND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH PERFEC SERVICES IS AT YOUR OWN DISCRETION AND RISK.
C.THE PERFEC ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THEPERFEC ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
D.YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITHPERFEC SERVICES, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF PERFEC SERVICES.
E.THE PERFEC ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH PERFEC SERVICES OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE PERFEC ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
F.THE PERFEC ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA
You may terminate the Terms at any time by closing your account. We may close your account, suspend your ability to use certain portions of PERFEC Services, and/or ban you altogether from PERFEC Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, PERFEC Services, Your Content, PERFEC Content, or any other related information.
When you use PERFEC Services or send emails to PERFEC, you are communicating with us electronically and consent to receive electronic communications related to your use of PERFEC Services. We will communicate with you by email or by posting notices on PERFEC Services. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the PERFEC App or from which you otherwise email us.
between you and PERFEC with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and PERFEC with respect to such subject matter.
PERFEC and you specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods as that Convention may be incorporated into applicable law.
(b) No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.
(c) Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, which you shall have the right to bring in a court of competent jurisdiction in the county in which you reside, you and PERFEC agree that any Dispute may only be instituted in a state or federal court in Los Angeles County, Central District of California; (ii) you and PERFEC irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) you and PERFEC agree to waive any right to a trial by jury. You and PERFEC agree that the Federal Arbitration Act, the AAA rules, applicable federal law, and the laws of the State of California, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes.
(d) Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or the security of PERFEC Services, and/or any illegal or intentional act against your interests or the general business interests of PERFEC.
(e) Severability. With the exception of the Section (b) above, if any part of this Section is ruled to be unenforceable, then the balance of this Section shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein. If Section (b) above is ruled to be unenforceable, then Section (a) shall be deemed unenforceable, but the rest of Section shall remain in full effect
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