Forums/The "Fine Print"

Terms of Service, Terms of Sale, Privacy Policy

Chamber Admin
posted this on February 15, 2010 11:36

Terms of Service, Terms of Sale, Privacy Policy

I. Terms of Service 
II. Terms of Sale
III. Privacy Policy

I. Terms of Service

Last Updated on May 26, 2010

These terms apply to your use of the Websites located at shopstayplay.com (the "Site"). By accessing, browsing, crawling, scraping or in any way using the Site, you agree to these terms, our privacy policy posted here, and all other guidelines or policies referenced herein (collectively, the "Terms of Service").

PLEASE READ THE TERMS OF SERVICE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF SERVICE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE.

  1. Definitions.

    1. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms "you" and "your" refer to you, as a user of the Site. The terms "we", "us", "our", and "SSP" refer to Shop, Stay and Play, a program from the Lake County Chamber of Commerce, a California Non-Profit Corporation.

    2. "Content" means text, images, photos, audio, video, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to or through the Site, such as ratings, reviews, Outrageous Deals, and information that you display as part of your account profile. "User Content" means Content that users submit or transmit to or through the Site. "SSP Content" means Content that we create and make available on the Site . "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content and SSP Content.

    3. "Voucher" means Outrageous Deals Vouchers purchased on the Site

  2. Eligibility.

    You must be at least 18 years old and a resident of the United States. All others are prohibited from using the Site. If you use the Site on behalf of a company, entity, or organization, you must be an authorized representative with the authority to bind it to the Terms of Service (which authority you hereby exercise).

  3. Changes to the Terms of Service.

    We may modify the Terms of Service from time to time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms of Service. Your continued use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification.

  4. User Accounts.

    To use some of the features on the Site, you may be required to create an account and provide information about yourself to us. 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. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. There are two types of accounts:

    1. A "Personal Account" is an account for your personal, non-commercial use only. In creating a Personal Account, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), provide an email address other than your own, or create multiple Personal Accounts.

    2. A "Business Account" is an account to be used solely for the purpose of representing your business on the Site. In creating or updating a Business Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own or create multiple Business Accounts for the same business.

  5. Use of the Site.

    We grant you permission to use the Site subject to the restrictions in these Terms of Service. In using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. SSP does not endorse such Content, and cannot vouch for its accuracy.

  6. Fees

    1. Personal Accounts: There is no fee for having a personal account on SSP.
    2. Business Accounts: Fees and charges for various membership plans (and associated features) on SSP can be found here
    3. All fees and charges may be changed without notice.

  7. Restrictions on Use

    1. use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Site;

    2. use the Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;

    3. use the Site for promotional or commercial purposes, except as expressly allowed in writing by SSP;

    4. use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;

    5. use the Site for keyword spamming or to otherwise attempt to manipulate natural search results;

    6. use the Site to promote bigotry or discrimination against protected classes;

    7. use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

    8. use the Site to submit or transmit pornography or illegal content;

    9. use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;

    10. use the Site in violation of the Terms of Service or any applicable law;

    11. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by SSP;

    12. reverse engineer any portion of the Site, except as may be permitted under the law;

    13. remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site

    14. record, process, or mine information about other users;

    15. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content;

    16. access, retrieve or index the Site to for purposes of constructing or populating a searchable database of business reviews;

    17. reformat or frame any portion of the Site;

    18. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on SSP's technology infrastructure;

    19. attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

    1. Procedure for Reporting Copyright Infringements. If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Site, please send a written notification to the Designated Agent detailing the alleged infringement. Your written notification must include:

      1. Identification of the copyrighted work that you claim has been infringed;

      2. Identification of the Content on the Site that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit SSP to locate such Content;

      3. A statement by you that you have a good faith belief that the use of the Content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;

      4. A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

      5. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

      Please note that SSP may, at its sole discretion, send a copy of such notices to third parties for publication. For example, your letter (with personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. Please note that you may be subject to liability under Section 512(f) of the DMCA if you materially misrepresent that content on the Site infringes your copyright.

    2. Procedure to Supply a Counter-Notice to the Designated Agent. If you believe that Content has been mistakenly removed from the Site pursuant to this DMCA policy, you may send a written counter-notice to the Designated Agent including the following:

      1. Identification of the Content that was removed, and the location on the Site where it would have been found prior to its removal;

      2. A statement under penalty of perjury that you have a good faith belief that the Content was removed as a result of a mistake or misidentification;

      3. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person; and

      4. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).

    3. Address for Designated Agent. Please contact the Designated Agent at the following address:

      Melissa Fulton
      CEO
      Lake County Chamber of Commerce
      875 Lakeport Blvd
      PO Box 295
      Lakeport, CA
      Phone: (707) 263-5092
      Fax: (707) 263-5104
      Email
    4. The Designated Agent should only be contacted in connection with the issues raised in this Section. All other inquiries directed to the Designated Agent will not be responded to; instead, such inquiries should be made through the procedures referenced in Sections 15 or 22 below

    1. Dissatisfaction. If you are dissatisfied with the Site, please provide feedback through our customer support desk here. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) the Terms of Service, (iii) any policy or practice of SSP in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate the Terms of Service and your account.

    2. Suggestions and Improvements. 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, publish, distribute and sublicense the Feedback.

    1. We may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you breach the Terms of Service or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.

    2. You may terminate the Terms of Service at any time by closing your account, discontinuing your use of any and all parts of the Site, and providing SSP with a notice of termination here. If you close your account, we will use commercially reasonable efforts to stop displaying your account profile on the Site, but may continue to display Your Content where it implicates other users (e.g., compliments that you have sent to other users and comments that you have posted).

    3. In the event of any termination, whether by you or us, Sections 8, 10, 11, 15, 16, 17, 18, 19, 20, and 22 of the Terms of Service will continue in full force and effect, including our right to use Your Content as detailed in Section 8.

    1. THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. SSP MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. SSP FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM SSP OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.

    2. SSP DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF SSP OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.

    3. SSP FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.

    4. SSP ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH SSP RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.

    5. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

    6. SSP'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO SSP IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US$100.00.

    1. The Site may include links to other sites (each, a "Third Party Site"). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites.

    2. Some of the Third Party Content, (e.g., web site design, e-books) are the proprietary and copyrighted work of Bitsculptor, 901 S. Main Street, Lakeport, CA 95453 or Carol Cole-Lewis, 1030 Penelope Ct., Lakeport, CA 95453. Your may not distribute, sell, rent, sublicense, or lease such Third Party Content, in whole or in part to any third party; and you may not use it for any other purpose other than your personal, non-commercial use.

    3. Some of the Site's mapping features are powered by Google Inc., the use of which is also governed by the terms of use located at http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google Inc.). 

    1. If there is any dispute about or involving the Site or SSP, you agree that any such dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts in Lake County, California.

    2. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind us in any respect whatsoever.

    3. We may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site.

    4. Except as otherwise stated in Section 20 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

    5. The Terms of Service contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.

    6. Any failure on our part to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

    7. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.

    8. The Terms of Service are not assignable, transferable or sublicensable by you except with SSP's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.

    9. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

  8. Restrictions on Use.

    9. You agree that you will not, and will not assist or enable others to:

  9. Permission to Use Your Content.

    10. We may use Your Content in a number of different ways, including displaying it on the Site, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own sites and media platforms ("Other Media"). As such, you irrevocably grant us permission to use Your Content for any purpose. You also irrevocably grant the Site's users and the users of any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.

  10. Responsibility for Your Content.

    11. You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance on its accuracy, completeness or usefulness, 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 SSP.

    You may expose yourself to liability if, for example, Your Content 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 false, intentionally misleading, or defamatory; 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.

  11. Use of Content.

    12. We may remove, edit or reinstate User Content from time to time at our sole discretion. For example, we may remove a review if we believe it violates our content guidelines. 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.

    SSP and its licensees may display advertisements and other information adjacent to or included with Your Content on the Site and Other Media. 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.

  12. Copyright Dispute Policy.

    13. We have adopted the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act ("DMCA"). The address of SSP's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section. It is SSP's policy to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the accounts of those determined by SSP to be "repeat infringers".

  13. Site Availability.

    14. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

  14. Unauthorized Access.

    15. We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

  15. Investigations.

    16. We are under no obligation to monitor the Site or Site Content. However, we reserve the right to investigate possible violations of the Terms of Service, block users from the Site, and refer matters to law enforcement authorities for further investigation. We may disclose information to third parties, including Your Content, in accordance with the privacy policy posted here.

  16. Feedback.

  17. Termination.

  18. Ownership.

    19. We own (or have the right to use) the SSP Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding 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 (the "IP Rights") associated with the SSP 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 SSP 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 the Site and the SSP Content are retained by us.

  19. Warranties, Disclaimers, and Limitations of Liability.

  20. Indemnity.

    21. You agree to indemnify and hold SSP, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. SSP 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 matter without the prior written consent of SSP. SSP will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  21. Third Parties.

  22. Miscellaneous.

  23. Contact and Violations.

    24. Please contact us with any questions regarding the Terms of Service. Please report any violations of the Terms of Service to our legal department here.

II. TERMS OF SALE

Last Updated on May 26, 2010

By placing an Order, you make an offer to us to purchase the Outrageous Deal vouchers you have selected on the terms and conditions stated below. For more information, please view our privacy policy.

You are required to create an account in order to purchase any product. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the product.

The Outrageous Deal voucher (hereafter, "Voucher") you purchase is redeemable for goods or services by the seller of such goods and services, hereinafter defined as "Merchant." The Merchant, not SSP, is the seller of the goods and services and is solely responsible for redeeming any Outrageous Deal you purchase. SSP sells a voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.

  1. Terms and Conditions for Vouchers

    • Vouchers may be applied only to merchandise or services sold by Merchant, and may not be applied to shipping or handling charges.
    • Limit one (1) Voucher per redemption. Only one Voucher can be used per order unless otherwise specified by merchant.
    • All Vouchers prices include all applicable taxes, fees and charges.
    • The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
    • Neither the seller nor the merchant is responsible for lost or stolen Vouchers or Voucher's reference number.
    • Voucher cannot be combined with any other gift voucher, third party voucher, coupons, or promotions, unless otherwise specified by merchant.
    • Reproduction, sale or trade of this certificate is prohibited unless done so in compliance with the law.
    • Any attempted redemption not consistent with these terms and conditions will render the certificate null and void.
    • The Outrageous Deal offer (including, but not limited to, any discounts) expires on the date specified on the Voucher, except that the Merchant may continue to redeem the unused cash amount you paid for the Voucher (which is usually less than the original face value of the Outrageous Deal) to the extent required by applicable law. See section 3 for a more detailed explanation.
    • If you redeem the Voucher for less than its face value, you will not be entitled to a credit, cash or a new Voucher equal to the difference between the face value and the amount you redeemed, unless otherwise required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $20 for a Voucher which entitles you to purchase $50 of product by February 1, 2010 and you make a purchase for $40 on January 30, 2010, you will not be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.
    • The collection of all applicable taxes on any Vouchers purchased from their business.
    • The payment of all applicable taxes on any Vouchers purchased from their business.
    • Including all applicable taxes, fees and charges in the Voucher price.
    • The payment of a transaction fee for all Vouchers purchased from them on the SSP site. The current transaction fee can be found here

  2. Merchant Responsibilities

    3. Merchant responsibilities include:

  3. Additional Terms and Conditions

All Vouchers purchased at the SSP site are promotional Vouchers that are offered to customers below their face value and shall be subject to the terms and conditions of SSP and the participating Merchant. The Merchant is the seller of the goods or services which you are purchasing.

The holder and issuer of a Voucher is the Merchant. As a holder and issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers. Vouchers are redeemable in their entirety only and may not be redeemed incrementally.

The Merchant is responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher (i.e. if you paid $20 for a Voucher which gives you $50 of value from the Merchant, the cash value that you paid is $20, not $50), for a period of time that may extend beyond the expiration date on the Voucher. While the expiration date on the Voucher dictates the last date that you can use your Voucher at Merchant for the promotional offer which is stated on the Voucher, state laws (which vary state-by-state, and which are generally made available by each State on the web) may provide that the Merchant is responsible for honoring the cash value that you paid for your Voucher for a period of time beyond the expiration date stated on the Outrageous Deal. If applicable, this is a statutory provision which applies to the Merchant, and it is the sole responsibility of the Merchant (and in no way the responsibility of SSP, as SSP is not the Merchant, SSP has no obligations of the Merchant, and is merely selling the promotional Voucher on behalf of the Merchant) to comply with such applicable laws and statutes which may govern the Merchant.

 

III. Privacy Policy

Last Updated on May 26, 2010

This privacy policy applies to your use of the SSP websites located at http:// shopstayplay.com (the "Site"), but not does apply to any third party sites that may be linked to them, or any relationships you may have with the business listed on the SSP Sites.

The terms "we", "us", and "SSP" refer to Shop Stay and Play, a program of the Lake County Chamber of Commerce, A California Non-Profit Corporation. The terms "you" and "your" refer to you, as a user of the SSP Site. The term "personal information" means information that you provide to us which personally identifies you to be contacted or identified, such as your name, phone number, email address, and any other data that is tied to such information.

BY USING THE SSP SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE SSP SITE.

  1. Changes to Privacy Policy

    2. We may change this Privacy Policy at any time by posting the revised Privacy Policy in the ?Privacy Policy? section of the Site. The revised Privacy Policy is effective immediately when posted on the Website. It is the responsibility of each User to review the Website and the Privacy Policy periodically to learn of any revisions to this Privacy Policy. Your continued use of the Site after the effectiveness of such revisions will constitute your acknowledgment and acceptance of the terms of the revised Privacy Policy.

  2. Types of Information Collected and Uses of Collected Information

    3. We collect two types of information about our Website Users: Personally Identifiable Information and Non-Personally Identifiable Information.

    Personally Identifiable Information. Personally Identifiable Information is information that identifies a specific End User. When you engage in certain activities on the Website, such as creating an account, ordering a Voucher, entering a contest or sweepstakes, filling out a survey, posting a review, sending us feedback, or requesting information about our services, (collectively, ?Identification Activities?), we may ask you to provide certain information about yourself. It is optional for you to engage in an Identification Activity. If you elect to engage in an Identification Activity, however, we may ask you to provide us with certain personal information about yourself, such as your first and last name, mailing address (including zip code), email address, and telephone number. When you order products and services, we may also ask you to provide us with your credit card number, expiration date and authentication codes or related information. Depending on the activity, some of the information we ask you to provide is identified as mandatory and some is identified as voluntary. If you do not provide the mandatory information for a particular activity that requires it, you will not be permitted to engage in that activity.

    We use Personally Identifiable Information to provide products and services to you, administer sweepstakes and contests, enhance the operation of the Site, provide requested promotional and marketing material to you, improve our marketing and promotional efforts, analyze Site use, improve our product and service offerings, and to tailor your experience with third parties as provided in Item 3 of this Privacy Policy. We may also use Personally Identifiable Information to troubleshoot, resolve disputes, accomplish administrative tasks, contact you, enforce our agreements with you, including our Site Terms of Service and this Privacy Policy, comply with applicable law, and cooperate with law enforcement activities.

    Non-Personally Identifiable Information. Non-Personally Identifiable Information is information that does not identify a specific End User. This type of information may include things like the Uniform Resource Locator (?URL?) of the site you visited before coming to our Website, the URL of the site you visit after leaving our Website, the type of browser you are using and your Internet Protocol (?IP?) address. We, and/or our authorized Third Party Service Providers and Advertisers, may automatically collect this information when you visit our Site through the use of electronic tools like Cookies and Web beacons or Pixel tags, as described in Item 7 of this Privacy Policy.

    We use Non-Personally Identifiable Information to troubleshoot, administer the Site, analyze trends, gather demographic information, comply with applicable law, and cooperate with law enforcement activities. We may also share this information with our authorized Third Party Service Providers and Advertisers to measure the overall effectiveness of our online advertising, content, and programming.

  3. Release of Personally Identifiable Information

    4. We will not share your Personally Identifiable Information with other parties except as provided below:

    We may share your information with SSP Merchants. From time to time, we provide offers from particular merchants (referred to as ?SSP Merchants?) who, as part of the offer, request information on SSP customers who purchased the offer. In those cases, we share some of your Personally Identifiable Information with SSP Merchants.  Sharing this Information will allow a SSP Merchant to market directly to you should they choose to do so. However, we will only share Personally Identifiable Information with a SSP Merchant if you engage in an Identification Activity, and then only to the SSP Merchant involved in that Identification Activity. We specifically disclaim any responsibility or liability for the actions of such SSP Merchant. While we inform them that they are only permitted to communicate with you for the purposes of the specific promotion with SSP, we do not have any responsibility for the actions of the SSP Merchant, and the actions of the SSP Merchant are not in our control.

    We may share your information with Authorized Third Party Service Providers. We provide some of our services and products through third parties. These ?Third Party Service Providers? perform functions on our behalf, like sending out and distributing our administrative and promotional emails, and providing customer service. We may share your Personally Identifiable Information with such Service Providers to administer contests or sweepstakes, manage customer lists, analyze data, provide marketing assistance, provide search results and links, process credit card payments, operate the Site, troubleshoot, and provide customer service. We may also collect personal information from individuals and companies (?Affiliates?) with whom we have business relationships and may have to also share their information with Service Providers to accomplish our administrative tasks. For example, when you order a service, we release your credit card information to the card-issuing bank to confirm payment for the service and, if applicable, release your address to the delivery service to deliver the service. We encourage SSP Merchants and Third Party Service Providers to adopt and post privacy policies. However, the use of your Personally Identifiable Information by such parties is governed by the privacy policies of such parties and is not subject to our control.

    We may share your information in a Business Transfer. As with any other business, we could sell or transfer SSP to another company. If this occurs, the successor company would acquire the information we maintain, including Personally Identifiable Information. However, Personally Identifiable Information would remain subject to this Privacy Policy.

    We may share your information for our Protection and the Protection of Others. We may also disclose Personally Identifiable Information when we believe release is appropriate to comply with the law or a court order; enforce or apply this Privacy Policy, our Site Terms of Service or other agreements; or protect the rights, property or safety of the Site, its Users or others.

  4. Updating and Correcting Information

    5. We believe that you should have the ability to access and edit the Personally Identifiable Information you provide us. You may change any of your Personally Identifiable Information by logging into your account .

    We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on the Site. In addition, in may be impossible for us to completely delete all of your information because we periodically backup information.

  5. User Choices on Collection and Use of Information

    6. As discussed above, you can always choose not to provide information, although it may be required to engage in a certain activity on the Site.

    As a condition of purchase of our products and services, we will send you Administrative and Promotional emails. We will send you information regarding your account activity and purchases as well as updates about our products and promotional offers. You cannot opt-out of Administrative Emails. ?Administrative Emails? relate to a User?s activity on the Site, and include emails regarding a particular User?s account, requests or inquiries, and purchases of products and services. In contrast to Administrative Emails, however, you do have a choice with respect to Promotional Emails. Promotional Emails advertise our products and services, including exclusive sales and other offers, and/or the products and services of our Advertisers and Affiliates. If you do not want to receive Promotional Emails from us, you may elect to opt-out of receiving Promotional Emails at any time after registering by e-mailing us at support@shopstayplay.com, by writing to us at the address contained herein, or by hitting the ?unsubscribe? button at the bottom of any of our e-mails. When contacting us, please indicate your name, address, email address, and what Promotional Emails you do not want to receive.

  6. Security of Information

We take security seriously and take numerous precautions to protect the security of Personally Identifiable Information.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we employ commercially reasonable security measures to protect data and seek to partner with companies which do the same, we cannot guarantee the security of any information transmitted to or from the Website, and are not responsible for the actions of any third parties that may receive any such information.
 
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