DATE LAST MODIFIED: August 3, 2018. These are the Terms of Service for The SIZZLE® Mobile App.
NEITHER APPLE INC. , GOOGLE, INC. OR AMAZON.COM, INC. IS A SPONSOR OF THIS APPLICATION AND NEITHER IS AFFILIATED IN ANY WAY WITH SIZZLE, LLC. (HEREINAFTER “SIZZLE”).
These Sizzle® Terms and Conditions (“Terms”) govern your ability to claim certain cash-back offers, coupons, discounts, free items and experiences and other rebates (collectively, “Offers and Prizes”) after you (“User”) have received these Offers and Prizes through Your use of the SIZZLE app. These Offers and Prizes are made available by participating third-party merchants, retailers and other businesses (collectively, “Merchants”), as such Offers, Prizes, Merchants and Merchant Product(s) are featured in the mobile application (the “App”) made available by Sizzle, LLC. (“Sizzle®,” “we,” “our” or “us”).
THESE TERMS OF SERVICE (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND SIZZLE. BY DOWNLOADING, INSTALLING THE SIZZLE APPLICATION (THE “APPLICATION”) AND USING IT IN CONNECTION WITH OTHER SERVICES PROVIDED BY SIZZLE OR OTHERWISE ACCESSED THROUGH THE USE OF THE APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE “SERVICE”) YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE.
IMPORTANT NOTE: These Terms contain a Dispute Resolution And Arbitration Provision, including Class Action Waiver that affects your rights under these Terms and with respect to disputes you may have with SIZZLE. You may opt out of the binding individual arbitration and class action waiver as provided below. SIZZLE reserves the right, in its sole discretion, to modify or change these Terms at any time by posting the changes on or within the Application or other parts of the Service. Your continued use of the Service following the posting of such changes constitutes Your acceptance of the revised Terms. SIZZLE may use reasonable commercial efforts to provide notice of material changes to You. If the modified Terms are not acceptable to You, Your only recourse is to discontinue Your use of the Service. You agree that SIZZLE may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to You and without liability.
You agree and acknowledge, as condition of participating in the Service, that Facebook® (“Facebook”) does not sponsor, endorse, administer, and is in no way associated with, the Service. All questions regarding the Service must be directed to SIZZLE, not Facebook. You also agree that as a condition of participating in the Service you shall release Facebook® from any and all liability arising out of your participation in said Service.
To use the Service, You must be a natural person, at least 18 years old, who is assigned to the e-mail address or Facebook Login (as defined below) associated with Your registration. At our sole discretion, we may require proof that You meet this condition in connection with Your use of the Service. Failure to comply with this condition will result in the closing of Your Account and the loss of all Virtual Items (including SIZZLE Discounts) (each as defined below) accumulated through Your use of the Service. ACCESS TO SPECIFIC OFFERS AND INFORMATION (AS FURTHER DESCRIBED BELOW) IS RESTRICTED TO PERSONS WHO ARE 21 YEARS OF AGE OR OLDER. THEREFORE, IF YOU USE THE SERVICE AND WISH TO ACCESS THESE OFFERS, YOU REPRESENT AND WARRANT THAT YOU ARE 21 OR OLDER. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU MEET THE APPLICABLE ELIGIBILITY REQUIREMENTS FOR ANY OFFER YOU PURCHASE.
From time to time during Your use of the Service, You may have the opportunity to “earn” or “collect” (a) virtual items; or (b) virtual points, including but not limited to virtual characters, icons or points, all for use in the Service (together with virtual items, “Virtual Items”). You do not in fact “own” the Virtual Items. Rather, by “earning”, or “collecting” Virtual Items (whether through the use of Facebook Credits or virtual points), You are granted a limited license to use the software programs that manifest themselves as the Virtual Items. The earning and collection of Virtual Items shall under no circumstances be transferable or exchangeable including, without limitation, upon termination of Your Account, termination of these Terms, and/or the discontinuation of the Service. SIZZLE prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade of anything that appears or originates in the Service, unless otherwise expressly authorized by SIZZLE in writing. Accordingly, You may not sublicense, trade, sell or attempt to sell in-game Virtual Items for real money, or exchange Virtual Items for value of any kind outside of a game, without SIZZLE’S written permission. Any such transfer or attempted transfer is prohibited and void, and will subject Your Account to termination. You acknowledge and agree: (a) that SIZZLE may change the free methods of collection of Virtual Items at any time, without notice, for any reason or for no reason, (b) that the amount of virtual points necessary to obtain certain Virtual Items may fluctuate, and (c) that SIZZLE has no liability to You for any changes in the requirements to collect such Virtual Items and/or the amount of virtual points necessary to obtain Virtual Items. SIZZLE reserves the right, without prior notification, to limit the quantity of the Virtual Items You can collect and/or to refuse to allow You to collect such Virtual Items. You acknowledge and agree that SIZZLE shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. SIZZLE may replace such lost Virtual Items at its sole discretion on a case-by-case basis, without incurring any further obligation or liability. SIZZLE owns, has licensed, or otherwise has rights to use all of the content that appears on or in the Service, including all such content owned by our Offer and Information Partners and their affiliates. Notwithstanding any provision to the contrary herein, You agree that You have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items therein, whether “earned” in a game or “collected” for free within SIZZLE.
Offers and Prizes. Subject to Sizzle’s® approval of a User’s attempted registration, that User shall have access to listings of limited-time Offers and Prizes as offered by participating Merchants. Such Offers and Prizes can be searched based on geographical search criteria provided by the User, audio signals, visual triggers, gaming triggers, video triggers, or via geolocation options selected by the User, as made available in connection with the Merchant Search functionality.
You will have the opportunity to accumulate “Offers” through Your use of the Service. Offers are discounts that SIZZLE partners have provided for SIZZLE to distribute within the SIZZLE app to You so that You may use them to purchase other goods and services within the SIZZLE App or in SIZZLE Partner retail locations. Your redemption of an Offer inside SIZZLE, whether concluded inside the SIZZLE app, or on a SIZZLE partner website or a SIZZLE partner physical location, is a transaction directly between You and the SIZZLE Partner. SIZZLE is NOT a party to your transaction.
You will have the opportunity to accumulate “Prizes” through Your use of the Service. Prizes are free goods, services and experiences that SIZZLE partners have provided for SIZZLE to distribute within the SIZZLE app to You so that You, with zero purchase required of You, may redeem them to for goods, services and experiences within the SIZZLE App or in SIZZLE Partner retail locations. No purchase is necessary for You to win a free prize in SIZZLE.
You may accumulate Offers and Prizes by taking certain actions while using the Services. For example, You may earn an Offer by scanning a visual trigger like a poster or promotional literature; by spinning a Sizzle Spin Game Wheel and the wheel delivers an Offer or a Prize; by playing any other game in Sizzle, no purchase necessary, and being awarded an Offer or a Prize; by your app hearing silent audio signals where SIZZLE’S Partners are broadcasting them; catching a GPS signal that triggers an offer inside SIZZLE; posting Your in-game achievements to your Facebook account, playing the games for a specified duration, logging in numerous days in succession; or participating in certain in-game offers. The foregoing list is solely for purposes of example and explanation and is not meant to be exclusive or exhaustive.
You understand that use of the Services may result in charges to you for the services, experiences, information or goods you receive (“Charges”). SIZZLE will receive and/or enable your payment of the applicable Charges for services, experiences, information or goods obtained through your use of the Services, purchases of goods, experiences or information. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, including shipping when specified. Please visit sizzle.network for further information.
All Charges and payments will be enabled by SIZZLE using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that SIZZLE may use a secondary payment method in your Account, if available. Charges paid by you are refundable, unless stated clearly by the SIZZLE Partner in advance of the purchase.
As between you and SIZZLE, SIZZLE reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in SIZZLE’S sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. SIZZLE will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. SIZZLE may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. SIZZLE may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.
In the majority of cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and SIZZLE will collect payment of those charges from you and transmit those Charges directly by you to the Third Party Provider. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services.
Where a User identifies a desired Offer or Prize, that User must: (i) first, “claim” that Offer or Prize in the App; (ii) then, in the case of a Prize, redeem the Prize with no purchase required, and in the case of an Offer, purchase the qualifying Merchant Product(s) associated with the Offer selected (provided that no User may use any coupon, credit, gift certificate or other discount in connection with that User’s purchase of the applicable Merchant Product(s)).
The User will be permitted to spin the Sizzle® Spin Wheel for an opportunity to receive Offers ranging from one percent (1%) to one hundred percent (100%) of the purchase price of the subject Merchant Product(s) as well as free Prizes that do not require any purchase to win, claim or receive. The resulting Offer or Prize determined by the Sizzle® Carousel spin will appear in the User’s Wallet in the Sizzle app immediately, in pending status. Upon confirmation of the validity of the applicable Offer or Prize Receipt by both Sizzle® and the participating Merchant, the Reward will be made available for the User to redeem immediately. All taxes associated with the receipt and/or redemption of An Offer or Prize are the sole responsibility of the applicable User.
In order to redeem an Offer or a Prize, you must have a valid SIZZLE account. You will be asked to provide Your name and email address. The name you provide must match the name that appears on a government-issued identification belonging to the person who has accumulated the Offer or Prize through his/her use of the Service, unless a SIZZLE Partner who is issuing the Offer or Prize has explicitly instructed You to share that Offer on social media. The identification will be used by our SIZZLE Partners to verify Your eligibility.
Once You have redeemed a SIZZLE Offer or Prize, You are said to have “redeemed” that Offer or Prize. After redeeming Your Offer or Prize, You will have a limited period of time in which complete a “redemption process” by following a defined “redemption method.” Redeeming an Offer or Prize that has been purchased in the Service secures that Offer or Prize for your specific use at a particular time. When the redemption process is complete, You may then “use” the Offer or Prize. An Offer or Prize is considered “used” at the moment when it is consumed, e.g., when You check into a hotel room, eat a meal, or attend a show.
Partners may, at their discretion, place restrictions on the usage of the Offer or Prize they offer in the Service, e.g., a minimum age requirement, Offer or Prize usage black-out dates, a limit as to the number and frequency of Offers or Prizes that may be used within a specified period of time, and the requirement to participate in the partner’s own loyalty program, which may exist independently of the Service. Redemption of Offer or Prize are subject to the terms and provisions of the Offer or Prize provider, including limitations on redeeming Offers or Prizes if you self-limit or self-exclude with the Offer or Prize provider or any regulatory agency, including any gaming regulatory agencies.
Because the Redemption Period, redemption method, and other terms of Offers or Prizes usage may vary, You must review the specific terms and conditions of each Offer you purchase or free Prize you redeem. SIZZLE is not responsible for the terms and conditions of the Offers or Prizes and bears no responsibility to You for any such unread, misread or misunderstood terms. The selection and availability of Offers or Prizes is subject to change without notice.
Attempted abuse of the Prizes program by repeatedly claiming Offers and Prizes and returning the subject Merchant Products may result in the termination of your access to Sizzle Program and/or App, as well as the cancellation of any Prizes associated with such abuse.
Sizzle® and the applicable Merchant reserve the right, in their respective discretion, to invalidate any Offer or Prize Receipt where Sizzle® and/or the applicable Merchant, as applicable, reasonably determine(s) that the Offer or Prize Receipt is improperly submitted, invalid, fraudulent, a duplicate or otherwise submitted in violation of these Rebate Terms or any other Sizzle® Agreements.
Each User acknowledges and agrees that Sizzle® does not itself offer Offers or Prizes or associated rebates, and that such Offers and Prizes and rebates are provided directly by participating Merchants. Each Merchant shall at all times remain fully responsible and solely liable for its Offers and Prizes. Each Merchant may establish additional terms, conditions and restrictions with respect to such Merchant’s Offers, and the ultimate terms and conditions of a given Offer will be determined by the applicable Merchant.
Each User acknowledges and agrees that the Offers and Prizes and associated Merchant Products contain descriptions that are provided directly by the applicable Merchant. Sizzle® does not represent or warrant that the descriptions of the Offers and Prizes and associated Merchant Products are accurate or complete. Do not assume that the offer of any Offer or Prize and/or associated Merchant Products is/are valid and legal simply because they are made available in connection with the Sizzle® Offerings. Customer service, fulfillment, warranty claims, requests for technical or customer support, returns for malfunction or damage and other complaints, requests and inquiries associated with the Offers or Prizes and associated Merchant Products must be communicated to the applicable Merchant and not to Sizzle®. Each Merchant is responsible for paying/collecting (as applicable) any sales, use or other taxes related to any Offers or Prizes awarded in connection with the Sizzle® Offerings. Sizzle® shall not be liable to any User or third-party for any claim in connection with any Offers or Prizes and/or the failure of any User to receive a Offer or a Prize.
Generally, You may cancel, during the Redemption Period and for a full refund of the money used to purchase it, any Offer that You have redeemed. Once You have redeemed an Offer, either through the online reservation system available through the Service or otherwise, in most cases, unless explicitly stated otherwise, You may no longer cancel that redemption of the Offer, and You will not receive a refund of Your money. If You do not redeem or cancel an Offer or Prize during that Offer or Prize’s Redemption Period, the Offer or Prize will expire. Some Offers or Prizes are of such limited availability that our Offers and Prizes Partners may, in their sole discretion, deem them to be non-refundable. You are solely responsible for reading and understanding the refund terms and conditions of each Offer You purchase.
You must be 21 years of age or older at time of redemption of Offers and Prizes offered by certain Offers and Prizes Partners.
From time to time, other Offers and Prizes Partners may require You to enroll in separate rewards programs as a condition of redeeming certain Offers and Prizes. If you choose to participate in such programs, You hereby agree to comply with all applicable Offers and Prizes Partner rules, policies, and terms and conditions. Once You have redeemed an Offer or Prize with any such Offers and Prizes Partner, Your ability to change that Offer or Prize may be at the sole discretion of that Offers and Prizes Partner.
Offers and Prizes have no cash value and are non-transferable unless specifically stated otherwise as a condition or an opportunity that is paired with the Offer. You may not sell, trade, barter, bequeath or in any way transfer any Offers and Prizes to any other party. Any attempt to do so will invalidate the Offers and Prizes and may result in the termination of Your Account.
If You do not use your Account by logging in using the Service at least once every 30 days, Your Account will be deemed inactive. You can, at any time, reactivate Your Account by logging in and using the Service. When an Account has been deemed inactive, SIZZLE may, at its own discretion, expire any Offers and Prizes accumulated by You. Once Your account is deemed inactive, any Offers and Prizes which have been purchased but not yet redeemed may also be expired at the discretion of SIZZLE.
Our Offers and Prizes Partners reserve the right, in their sole discretion, to change, amend, suspend, cancel, or terminate any reward program they offer or any aspects and/or terms and conditions thereof, in whole or in part, at any time, with or without notice and for any or no reason. Any such changes may affect Your ability to use the Loyalty Points that You have accumulated through Your use of the Service to purchase or redeem Offers and Prizes from such Offers and Prizes Partners. You hereby agree that SIZZLE shall have no liability to You as a result of such action any Offers and/or Prizes Partner.
Your correspondence or business dealings with, or participation in promotions sponsored by, any third party providers of goods or services made available on or through the Service, Your participation in the rewards programs offered by any of our Offers and Prizes Partners, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third-party provider and solely at Your own risk. You hereby release SIZZLE (and its affiliates, officers, directors, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dealings or as the result of the presence of such third-party providers on the Service. If You are a California resident, You waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.” If You are a resident of any other jurisdiction that requires a similar waiver for the foregoing release to be enforceable, You hereby waive any applicable statutes of that jurisdiction.
SIZZLE may terminate or suspend Your Account (including, but not limited to, suspending your ability to purchase, redeem or consume Offers and Prizes) and/or Your access to Service (including, but not limited to, restricting your ability to use the Application) at any time, including for breach of these Terms or otherwise, without notice and without liability to You. Upon any such termination, Your access to the Service, including all User Content (as defined below) and Virtual Items, will be disabled and You will lose any Offers and Prizes that you have accumulated. SIZZLE shall have the right, but not obligation, to store any User Content subsequent to any such termination. You may cancel Your Account at any time by discontinuing Your use of the Service and/or the Application and, if applicable, removing the SIZZLE application from Your Facebook Account. Please note that removing the SIZZLE application from Your Facebook Account will delete Your account with SIZZLE and all of the Offers and Prizes and virtual items that You have accumulated will be lost. SIZZLE is in no way liable to You for the effects of any termination or cancellation on Your use of the Service or the Offers and Prizes or Virtual Items You have accumulated.
The Service may include various forums, blogs, and chat rooms where You and other users can post Your observations and comments on designated topics (“User Content”). SIZZLE cannot guarantee that other users will not use the ideas and information that You share. Therefore, if You have an idea or information that You would like to keep confidential do not post it on the Service. SIZZLE IS NOT RESPONSIBLE FOR ANY USER’S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING, WITHOUT LIMITATION, YOUR USE, MISUSE, OR MISAPPROPRIATION, OR ANY INFORMATION A USER MAY PROVIDE TO ANY SERVICE PROVIDER OR OTHER USERS. By making available any User Content through the Service, You hereby grant to SIZZLE a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content only on, through or by means of the Service. SIZZLE does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that You may have to use and exploit any such User Content. You acknowledge and agree that You are solely responsible for all User Content that You make available through the Service. Accordingly, You represent and warrant that: (i) You either are the sole and exclusive owner of all User Content that You make available through the Service or that You have all rights, licenses, consents and releases that are necessary to grant to SIZZLE the rights in such User Content as contemplated under these Terms; and (ii) neither the User Content nor Your posting, uploading, publication, submission or transmittal of the User Content or SIZZLE’S use of the User Content (or any portion thereof) on, through or by means of the Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. SIZZLE may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted on the Service. You acknowledge that chats, postings, or materials posted by users are neither endorsed nor controlled by SIZZLE, and these communications should not be considered reviewed or approved by SIZZLE. By using the Service You acknowledge and accept that You may be exposed to material You find offensive or objectionable. You are solely responsible for Your activities in connection with User Content and You agree that SIZZLE will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content. SIZZLE reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, SIZZLE shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law. SIZZLE welcomes and encourages Your feedback, comments and suggestions for improvements to the Service (“Feedback”). You may submit Feedback at email@example.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of SIZZLE and You hereby irrevocably assign to SIZZLE and agree to irrevocably assign to SIZZLE all of Your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At SIZZLE’S request and expense, You will execute documents and take such further acts as SIZZLE may reasonably request to assist SIZZLE to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
You represent and warrant that You have full right and authority to use the Service and to be bound by these Terms. You agree that You will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that You shall not defraud, or attempt to defraud, SIZZLE or other users, and that You shall not act in bad faith in Your use of the Service. If SIZZLE determines that You do act in bad faith in violation of these Terms, or if SIZZLE determines that Your actions fall outside of reasonable community standards, SIZZLE may, at its sole discretion, make adjustments to the number of Loyalty Points associated with Your Account, terminate Your Account and/or prohibit You from using the Service. By way of example, You specifically agree that You shall not:
1. Download the Application, create an Account or access or use any part of the Service if You are under the age of 18;
2. Attempt to link Your Account with any Restricted Vendor account if You are under the age of 21;
3. Use the Service if You are located in a country embargoed by the United States or if You are on the U.S. Treasury Department’s list of Specially Designated Nationals;
4. Use the Service for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms;
5. Access, tamper with, or use non-public areas of the Service, SIZZLE computer systems, or the computer systems of our providers and partners;
6. Attempt to probe, scan, or test the vulnerability of any SIZZLE system or network or breach any security or authentication measures;
7. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SIZZLE or any of our providers or any other third party (including another user) to protect the Service or any part thereof;
8. Attempt to use the Service on or through any platform or service that is not authorized by SIZZLE;
9. Post, upload, publish, submit, provide access to or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
10. Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
11. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
12. Create false personas, multiple identities, multiple Accounts, set up an Account on behalf of someone other than Yourself or otherwise attempt to override or avoid any limits or restrictions established by SIZZLE and/or any Offers and Prizes Partner;
13. Obtain or attempt to obtain passwords or other private information from other users of the Service, including but not limited to, personally identifiable information or financial information;
14. Upload or transmit (or attempt to upload or to transmit), without SIZZLE’S express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 1×1 pixels, cookies or other similar devices;
15. Develop, distribute, use, or publicly inform other members of cheats, automation software, bots, hacks, mods or any other unauthorized third party software or applications;
16. Exploit, distribute or publicly inform other users of the Service of any game error or bug which gives users an unintended advantage;
17. Use Virtual Items in a manner that violates these Terms, including transferring or selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;
18. Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer Your Account or any Virtual Items associated with Your Account to anyone without SIZZLE’S written permission;
19. Access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without SIZZLE’S permission;
20. Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
21. Violate any applicable law or regulation;
22. Attempt to interfere with, intercept or decipher any transmissions to or from the servers for the Service;
23. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service; or
24. Encourage or enable any other individual or group to do any of the foregoing.
The Service and all content thereon or therein are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, SIZZLE and its licensors exclusively own all right, title and interest in and to Service and all content thereon or therein, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. You agree that You shall not:
1. Modify, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service without SIZZLE’S explicit, prior written permission;
2. Use, display, mirror or frame the Service, or any individual element within the Service;
3. Use the intellectual property of SIZZLE, or any SIZZLE licensor, to adapt, modify or create derivative works based on such intellectual property;
4. Rent, lease, loan, trade, sell/re-sell access to the Service or any information therein, in whole or part; or
5. Use or reproduce any SIZZLE licensor, or third party trademark or logo without the prior express written consent of the owner of such trademark or logo.
The Service may contain links to third-party websites or resources that are not owned or controlled by SIZZLE. You acknowledge and agree that SIZZLE is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. SIZZLE does not control nor does it review, research, verify, validate or approve the third-party sites to which the Service may be linked. Such links, therefore, do not imply any endorsement by SIZZLE of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.
If You are a copyright owner or an agent thereof and believe Your work is the subject of copyright infringement on the Service, You may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to SIZZLE’S Designated Agent the following information:
(a) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(b) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(c) Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address;
(d) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(e) A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(f) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
SIZZLE’S Designated Agent for claims of copyright infringement can be reached as follows: by support ticket at SIZZLE.com/Support or by mail at:
SIZZLE Legal Department 5940 S. Rainbow Blvd. #59023 Las Vegas, NV 89118-2540
You acknowledge that if You fail to comply with substantially all of the above requirements of this section Your DMCA notice may not be valid and we may not be able to remove infringing content.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
You acknowledge and agree that SIZZLE may update the Service with or without notifying You. SIZZLE may require that You accept updates to the Service and You may also need to update third party software from time to time in order to receive the Service. SIZZLE conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to Your Account, can be reported to SIZZLE when the problem is encountered at firstname.lastname@example.org.
This Dispute Resolution and Arbitration provision (this “Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and SIZZLE. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury. Please read this Provision carefully. It provides that all Disputes between you and SIZZLE (as defined below, for this Provision) shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees). For the purpose of this Provision, “SIZZLE” means SIZZLE and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and SIZZLE regarding any aspect of your relationship with SIZZLE, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. YOU AND SIZZLE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give SIZZLE an opportunity to resolve the Dispute. You must commence this process by mailing written notification to SIZZLE Legal Department, 5940 S. Rainbow Blvd. #59023 Las Vegas, NV 89118-2540. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If SIZZLE does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or SIZZLE may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to SIZZLE Legal Department, 5940 S. Rainbow Blvd. #59023 Las Vegas, NV 89118-2540. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with SIZZLE through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with SIZZLE. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or SIZZLE may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision. For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Service and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award—The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or SIZZLE may initiate arbitration in either Las Vegas, Nevada or the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution. In the event that you select the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution, SIZZLE may transfer the arbitration to Las Vegas, Nevada in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – SIZZLE will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with SIZZLE as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and SIZZLE specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by entering into this agreement you and SIZZLE are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and SIZZLE might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your service with SIZZLE.
THE SERVICES (INCLUDING THE APPLICATION) AND ALL CONTENT THEREON OR THEREIN ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, SIZZLE, OUR REWARDS PARTNERS, AND OUR AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE “SIZZLE PARTIES”) EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE SIZZLE PARTIES MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE SIZZLE PARTIES MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT SIZZLE DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICE, NOR DOES SIZZLE MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICE. THE SIZZLE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE DISCLAIMERS OF THIS SECTION MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, INCLUDING THE APPLICATION, REMAINS WITH YOU. NEITHER THE SIZZLE PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SIZZLE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE SIZZLE PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, ANY PART THEREOF, OR ANY CONTENT EXCEED FIVE HUNDRED DOLLARS ($500). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SIZZLE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, save, and hold the SIZZLE Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Service, any violation by You of these Terms, any of Your User Content, or any breach of the representations, warranties, and covenants made by You herein. SIZZLE reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify SIZZLE, and You agree to cooperate with SIZZLE’S defense of these claims. SIZZLE will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive any termination of Your Account (if applicable) or of Your access to or use of the Service.
The following additional terms and conditions apply with respect to any application that SIZZLE provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
The following additional terms and conditions apply with respect to any application that SIZZLE provides to you designed for use on an Android-powered mobile device (an “Android App”):
These Terms and any action related thereto will be governed by the laws of the State of Nevada without regard to its conflict of laws provisions. Except as provided in the “Dispute Resolution and Arbitration” Provision (above), the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the District of Nevada and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between SIZZLE and You regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between SIZZLE and You regarding the Service.
You may not assign or transfer these Terms, by operation of law or otherwise, without SIZZLE’S prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be of no effect. SIZZLE may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by SIZZLE (i) via email (in each case to the address that You provided by Your Facebook Login) or (ii) by posting to the Service. Any notices or other communications permitted or required hereunder by You, shall be in writing and addressed to SIZZLE Legal Department, 10300 W. Charleston Blvd, Suite 13272, Las Vegas, NV 89135. Any notices that You provide without compliance with this section shall have no legal effect.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by SIZZLE, 10300 W. Charleston Blvd, Suite 13272, Las Vegas, NV 89135. If You have a question or complaint regarding the Service, please contact Customer Service at SIZZLE.com/Support. You may also contact us by writing to SIZZLE, Attn: SIZZLE, 10300 W. Charleston Blvd, Suite 13272, Las Vegas, NV 89135. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
The failure of SIZZLE to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SIZZLE. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.