Terms of Service
Last Updated: January 1, 2013
You must be at least 18 years old to be eligible to use the Services. However, if you are at least 13 years old but not yet 18, you may use the Services in conjunction with your parent or guardian who agrees to this Agreement.
I. CONDITIONAL USE RIGHTS.
User Prohibitions. No material from the Services may be incorporated in any database, compilation, archive or cache and you may not modify, resell, license, or create derivative works from, any content or software obtained from the Services without Leapset’s permission. In addition, you warrant not to do the following:
- Use any Services to generate spam.
- Provide Leapset with false or incorrect contact information.
- Abuse, threaten, slander, or otherwise harm any merchant promoted on the Services or any Leapset member, employee, or other person connected to Leapset.
- Use any Services in contravention of any laws in your jurisdiction.
- Use any Services to purchase alcohol unless you and the alcohol recipient are age 21 or older.
- Modify or otherwise corrupt the functionality of the Services.
Assumption of Risks and Release. Your dealings with other users of the Services or third parties (including merchants and advertisers) are solely between you and such individuals or entities. You should conduct any diligence you feel necessary before engaging online or offline with any of these third parties. Leapset makes it easier for you to buy from the third parties that offer goods or services through the Services. You understand that participating third parties may pay Leapset to be promoted on the Services or to have their respective product or service offering(s) placed higher in search results and may also purchase research or other services from Leapset.
In addition, in the event that you have a dispute with any third party (such as a merchant) offering goods or services via the Services, you hereby irrevocably release and discharge any Leapset Entities (defined below) from all past, present and future claims and damages arising out of any such disputes. If you are a California resident, you waive protection under §1542 of the California Civil Code which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You also waive any protection that may exist under any comparable or similar statutes or principles of common law applicable in states other than California.
II. SITE AND SERVICES USER MEDIA.
Nature of User Media. The Services may allow you and others to post or otherwise submit user generated content, including merchant reviews, blog entries and any other interactive service, to the Services (collectively, “User Media”). You agree not to submit any User Media that:
- contains viruses, malware or other harmful files;
- is defamatory, false, or violates the privacy or publicity rights of any third party;
- unfairly interferes with any third party's use and enjoyment of the Services;
- is intended primarily to promote a cause (political, religious or other);
- contains vulgar language or expressions of discrimination or hate;
- contains copyrighted content without the permission of the owner (or otherwise infringes on a third party’s intellectual property);
- constitutes or encourages illegal acts under any local, state, national or international law;
- harms minors in any way; and/or
User Representations and Warranties. For each submission of User Media, you warrant that you have the right to provide such User Media, which means:
- you authored the User Media, or
- the User Media is not protected by copyright law, or
- you have express permission from the copyright owner to use the User Media in connection with the Services; and
- for User Media that reviews merchants, you have had first hand experience with the subject merchant; and
In addition, although we attempt to be as accurate as possible when describing the Services and product and services made available through the Services, to the extent permitted by applicable law, we do not warrant that descriptions, prices, product/service availability, parking accessibility and other content available on or via the Services is accurate, complete reliable, current or error free.
Review & Removal of User Media. Leapset reserves the right (but disclaims any duty) to review, refuse to post, remove, or edit (at any time and without prior notice) User Media for any reason it its sole discretion. You may contact Leapset to request removal of User Media, however, Leapset disclaims any duty to comply with such request except as specifically outlined in this paragraph.
III. ACCOUNT, PASSWORD AND SECURITY.
Use of the Services may require registration and/or creation of an account with Leapset (either by registering directly or by allowing a Leapset application to connect through your third party account) in order to publish content on the Services or obtain access to certain services, including Promotional Sales (defined below). If you choose to create an account or Leapset profile, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you may obtain log-in and password credentials (a “User ID”). You are responsible for maintaining the security of your User ID and you are fully responsible for all activities that occur under your User ID. You agree to notify Leapset immediately if you become aware that your User ID is being used without authorization. Leapset will not be liable for any damage of any kind arising from or relating to any acts or omissions by you or someone else using your User ID.
IV. USE OF PROMOTIONAL SALES.
Leapset is a service provider for the merchant identified with any coupon, discount or promotional sale (each a “Promotional Sale”) and the merchant is the sole issuer of the Promotional Sale. The merchant, not Leapset, is the seller and offeror of any such Promotional Sale and is solely responsible for redeeming any sale you purchase. Promotional Sales are (i) valid for a limited time only, (ii) only applicable to qualifying items, (iii) subject to minimum purchase requirements, (iv) not transferrable or combinable with other offers, and (v) void where prohibited and with respect to each Promotional Sale Leapset reserves the right to modify and limit its conditions, including the relevant offer period, at any time except as limited by applicable law.
V. MODIFIED TERMS.
VI. MODIFICATION OR TERMINATION OF SERVICES.
VII. PRIVACY, INFRINGEMENT AND RETURN POLICIES.
Infringement Policy. Leapset reserves the right to terminate its agreement with any user who repeatedly infringes third-party copyright rights upon prompt notification to Leapset by the copyright owner or the copyright owner’s legal agent. Please see our Infringement Policy for information about copyright and trademark disputes.
Return Policy. If there are problems with an order with a merchant promoted on any Service, please contact the merchant directly. In the case of problems with a Leapset charge to your credit card, contact us within seven days to request a full or partial refund. Leapset will perform a review of order history for evidence of fraud prior to issuing refunds.
VIII. LEAPSET WALLET
Leapset Wallet is a Service that may be available to you at participating Leapset restaurants. Please refer to the Leapset Wallet Consumer Terms and Conditions for more information about the terms, conditions and policies, which are incorporated herein by reference, that apply to the use of Leapset Wallet.
IX. THIRD PARTIES.
The Services may include links to other websites or applications (each a “Third Party Site”). Leapset does not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
X. INTELLECTUAL PROPERTY.
Ownership by Leapset. The content on the Site and Services, excluding all intellectual property of other sites obtained by way of API and linking and User Media, is owned by Leapset or its affiliates or partners. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Content”). The Content is subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions.
User’s Grant of Limited License. You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in User Media that you submit to any Service; however, you grant us a royalty-free, perpetual, irrevocable, non-exclusive license to use, modify, and distribute the User Media or communication alone or as part of other works in any form, without territorial or time limitations, and to sublicense such rights. You also grant Leapset the right to use any information, including personal information, included with any User Media in connection with the use or distribution of such User Media. You also grant Leapset the right to use the User Media and any facts or concepts contained in such User Media for any purpose, including developing and promoting products and services. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any User Media or part thereof, or other communication to us.
Binding Arbitration. Any dispute or claim made by you against Leapset or its indirect or direct subsidiary, parent or affiliate companies or any of their employees, officers, directors, and agents (collectively, the “Leapset Entities”) arising out of, relating to, or connected in any way with the Agreement (defined below) or the Services (including the Site and third party products or services supported or facilitated by the Services such as the Leapset Wallet) whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory will be resolved exclusively by binding arbitration unless (i) the claim qualifies for a small claims court hearing, or (ii) the claim relates solely to the collection of debts owed by you to a Leapset Entity and the Leapset Entity or you opts to pursue the claim in court. Even for a claim that may be brought to court, you and the Leapset Entities both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
Waiver of Class Actions. If any part of this arbitration section is deemed by a court to be invalid, then the remainder will remain in full force and effect. If the arbitration section is deemed inapplicable or invalid, you waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
Disclaimer. USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE SERVICES IS AT USER’S SOLE RISK. NEITHER LEAPSET, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE AGENTS, MERCHANTS, THIRD-PARTY PARTNERS OR LICENSORS, WARRANT THAT USE OF THE SERVICES WILL BE ERROR FREE. THE SERVICES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. LEAPSET HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. Neither the Leapset Entities nor of any of their officers, directors, employees or agents shall be liable for any damages of any kind, including but not limited to, direct or indirect damages, consequential damages, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including, but not limited to, negligence) or otherwise, arising out of or in any way connected with the Agreement or the use of, or inability to use, or any errors, omissions, or other inaccuracies in, the Services (including the Site and third party products or services such as the Leapset Wallet supported or facilitated by the Services) or content contained on, or accessed through, the Services, even if Leapset has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, Leapset’s liability shall be limited to the extent permitted by law.
Last Updated: December 03, 2013
BY ACCESSING THE SITE OR SERVICE YOU AGREE TO BE BOUND TO ALL THE TERMS OF THIS POLICY.
This Policy covers the following areas:
- The Information Leapset Collects And How It Is Used
- How Your User Information May Be Shared With Third Parties
- How Leapset Secures User Information
- How You Can Manage Your User Information
- Modifications To This Policy
I. The Information Leapset Collects And How It Is Used.
Leapset may collect and use personal information, demographic and profile information, usage Information, tracking Information and any other information collected from you via the Services (collectively, “User Information”) in accordance with the following conditions:
a.Account Information. We may ask for and store information submitted to us (“Account Information”) in connection with the registration or creation of an account an account with Leapset (either by registering directly or by allowing a Leapset application to connect to you through a third party account).
b.Transactional Data. When you engage in certain activities on the Services, such as but not limited to ordering a participating merchant's product or service, using the Leapset Wallet, submitting content and/or posting content/reviews in discussion forums, communicating with our customer service department, participating in user surveys or contests, and signing up for special offers from third parties through the Services, certain information may be provided by you (collectively, “Transactional Data”). The provision of Transactional Data may be voluntary or mandatory as a prerequisite to engaging in the activity, depending on the activity. Transactional Data varies in nature and may include your name, mailing address, date of birth, photos, reviews, ratings, information from any social network you may have connected from, GPS location (if you have activated a Leapset mobile applications and permitted your mobile or other location-aware device to transmit location data), and any other identifier that permits direct identifying, locating or contacting of you, as well as certain financial account information, such as a bank account number or a credit card number, expiration date and authentication codes or related information, as needed to process payments on the Services.
Demographic and Profile Information. We may at times request information that is not directly personally identifiable, such as age and annual income, without storing or using such information in combination with any direct personal identifiers (such as your name or email address). This type of information is primarily used to display more customized content and improve user experience of and promote the Services.
Usage Information. We automatically store information related to your use of the Services, such as the Site pages you viewed, your internet protocol (IP) address, browser type, internet service provider (ISP), referring/exit pages, platform type, access device, and the date and time of your visit or transaction. We may use this data to analyze trends, anticipate traffic load demands, track user behavior, gather broad demographic information for aggregate use and otherwise provide the highest level of service.
Tracking Information. We and its partners may send cookies – small text files placed on your computer's hard disk - to your computer in order to among other things identify your status as a user, customize the Services, and mitigate risks and the potential for fraud. In addition, in the course of serving advertisements to the Services, our third-party advertisers may place or recognize a unique cookie on your browser. Cookies can be removed or blocked in accordance with your Internet browser's help directions, but in doing so the Services may require you to repeatedly identify yourself and otherwise interfere with your use of the Services. Further, if you view a web page created by a third party or use an application created by a third party, such third parties may place their own cookies that are not subject to Leapset's control or this Policy. Leapset reserves the right to enable overrides to “do not track” browser signals or other mechanisms that provide consumers with choice regarding the collection of tracking information and allow third parties operating on the Services to collect personally identifiable information about and/or track your behavior on the Services and across web sites.
Disclaimer of Information Provided to Third Party Services. In some cases we may allow you access to certain third party services by links or otherwise. Any information you provide to these third party services is not User Information and will not be subject to this Policy.
II. How Your User Information May Be Shared With Third Parties.
Leapset and its affiliates will not sell or trade User Information with or to nonaffiliated third parties without your consent except as provided below:
Leapset Merchants. We may distribute User Information to Leapset merchants in order to among other things facilitate the payment of orders and/or delivery of services. Sharing this information may allow such merchants to market directly to you should they choose to do so. We do not have any responsibility for the actions of such merchants, and the actions of the merchants are not in our control.
Authorized Third Party Service Providers and Partners. Leapset shares User Information such as users' order content, special order instructions, and depending the transaction, first and last name, street address and telephone number with merchants. In addition, we may provide services and products through third party service providers, and partner with third parties in order to promote and expand Leapset and Leapset products and services. We may share User Information, including Personal Information, with such service providers and partners. In some cases their use of such information may be governed by the privacy policies of such parties and is not subject to our control. To the extent you associate an account managed by third parties such as social media sites (e.g., Facebook and Twitter) with a Leapset account, you authorize Leapset to have access to this information and agree that Leapset may collect, store and use such information in accordance with this Policy.
Aggregate and “Scrubbed” Information. We may share User Information in aggregated and “scrubbed” form, such as the “Usage” and “Demographic and Profile” information described in Section 1 above or information created from Personal Information by removing direct personal identifiers, to third parties in connection with or prospective business relationships with those third parties and for marketing purposes. For example, we may disclose the number of users that have been exposed to, or clicked on, advertising banners. This Policy does not limit our use or disclosure of any “scrubbed” information created from User Information in any way, and we reserve the right to use, disclose and sell “scrubbed” information to our partners, advertisers, Leapset users and other third parties at our discretion. “Scrubbed” means Leapset has taken reasonable precautions to protect data de-identified from you from being re-identified to you.
Business Transfers. In the event Leapset sells certain of its assets or goes through a structural change, such as a merger, acquisition by another company, or dissolution, User Information may be transferred to a third party as part of such event and thereby become subject to the privacy practices of that third party, which may materially different than those of Leapset.
Investigations. We reserve the right to investigate abuses or illegal activities on the Services, and enforce and apply our terms of service and may disclose User Information to third parties if we determine that such disclosure is necessary to enforce the Services' terms of service, comply with the law or judicial instructions and related orders, or protect the rights, reputation or property of Leapset or that of our users, affiliates, or the public.
User Generated Content. User generated content posted through the Services such as service/restaurant reviews, commentary on discussion boards or blogs and certain social networking preferences (e.g. pages you “Like” or “Recommend”) may be accessible by other consumers and companies and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others. Accordingly, Leapset cannot ensure the privacy of any User Information included in such user generated content.
Retention. Leapset will retain User Information in accordance with security practices that are reasonable and appropriate to the nature of the data for so long as it continues to improve Leapset's Services and product offerings and subject to the above qualifications.
III. How Leapset Secures User Information.
Leapset takes commercially reasonable precautions to protect User Information. Such precautions include, but may not be limited to, encryption of any change in Personal Information with the industry standard SSL 256-bit encryption. While we strive to use commercially reasonable efforts to guard User Information, however, because no data transmission over the Internet or any wireless network is 100% secure, we cannot guarantee its absolute security.
Personal Information of Children Under 13. The Services are intended for general audiences and is not directed to persons less than 13 years of age and we do not knowingly collect personal information from such persons. If you become aware that personal information about your child has been provided to Leapset without your consent, please contact us. If we become aware that a child under 13 has provided us with personal information without parental consent, we make efforts to remove such information and terminate the child's account.
IV. How You Can Manage Your Information.
If your Account Information changes, you may correct, update, or delete and deactivate our record of your Account Information by signing into and managing your Leapset or third party (as applicable) account. In addition, your account management page may allow you to control certain aspects of how other information you submit to the Services is used or shared.
V. Modifications To This Policy.
We may revise this Policy from time to time, so please review it periodically. The most current version of the Policy will govern our use of your information and will always be located here. The revised version will be effective at the time it is posted. By continuing to access or use the Services after those changes become effective, you agree to be bound by the revised Policy.
Last Updated: December 03, 2013
Leapset is committed to protecting the intellectual property rights of third parties on its service platforms (collectively, the "Service"). If you believe that your intellectual property is being used on Leapset.com or any related service in a way that constitutes legal infringement, please provide Leapset with the following information (in compliance with the Digital Millennium Copyright Act):
- A description of the intellectual property that you claim has been infringed;
- A description of where the material that you claim infringes your rights is located on the Service (e.g., the URL for the web page on which the material appears);
- A physical or electronic signature, together with your contact information (address, telephone number and, if available, email address);
- A statement that you have good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
- A statement made under penalty of perjury that the information in your notice is accurate and that you are the intellectual property owner or legally authorized to act on behalf of such owner.
Notice of claims of infringement should be mailed to:
Attn: DMCA Agent
101 Redwood Shores Pkwy Ste 200
Redwood City, CA 94065
Or via email to firstname.lastname@example.org.
If Leapset is notified of a credible claim of infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is potentially infringing. Leapset reserves the right to terminate its agreement with any user who repeatedly infringes third-party intellectual property rights upon prompt notification to Leapset by the intellectual property owner or its legal agent.
Leapset Wallet Consumer Terms and Conditions
Last Updated: January 1, 2013
Leapset Wallet is a service to assist in your purchasing and receiving of gift cards for use at certain third party merchants who have partnered with Leapset ("Restaurant Partners"). YOU ACKNOWLEDGE AND AGREE THAT THE RESTAURANT PARTNERS, NOT LEAPSET, ARE THE ISSUERS OF GIFT CARDS AVAILABLE ON LEAPSET WALLET, HOLD ANY FUNDS RELATED TO SUCH GIFT CARDS AND ARE SOLELY RESPONSIBLE FOR HONORING THE GIFT CARDS.
View your Leapset Wallet gift card balances at www.leapset.com/wallet.
You may activate gift card balances at more than one Restaurant Partner on the Leapset Wallet. Once you pay for and activate a gift card on Leapset Wallet, the funds underlying the gift card will be held by the applicable Restaurant Partner until used. The gift card balances on Leapset Wallet do not expire but may be subject to unclaimed property laws.
The gift card(s) on your Leapset Wallet may be subject to maximum and minimum balance amounts. In no case may you load more than $2,000 to any gift card on the Leapset Wallet at any time. Leapset or the Restaurant Partner(s) may change any applicable maximum and minimum amounts at any time by notifying you at the point of sale, by phone or on our website, and such change shall not constitute an amendment to these terms and conditions. The funds underlying gift cards on the Leapset Wallet are not insured by the Federal Deposit Insurance Corporation (FDIC).
II. USE AND RISK OF LOSS.
The gift cards activated on Leapset Wallet are not replaceable if the Leapset Wallet is lost or stolen unless required by law; are non-transferable; and are only redeemable for merchandise at the designated Restaurant Partner(s) where you have activated a gift card balance in the amount of the balance active at the applicable Restaurant Partner. Purchases will be deducted from the gift card balance at each applicable Restaurant Partner until the value reaches zero. If you wish to use a Leapset Wallet gift card in a split tender transaction, please notify the restaurant of the amount you wish to deduct from the card. Your Leapset Wallet gift card balance(s) will be available online when you log into your Leapset Wallet account at www.leapset.com/wallet.
No fee is charged for any Leapset Wallet gift card and no Leapset Wallet gift card has an expiration date. A Leapset Wallet gift card may not be redeemed or refunded for cash except as required by law. Leapset and its Restaurant Partners reserve the right to limit use of a Leapset Wallet gift card if there is reason to believe that the use is fraudulent or otherwise unlawful. Any gift card on the Leapset Wallet may be canceled or revoked at any time (provided that outstanding balance on the card is made available to you) without prior notice unless prohibited by law.
IV. BALANCE CORRECTIONS.
You should monitor your Leapset Wallet gift card balance(s) regularly. Leapset and its Restaurant Partner(s) shall have no liability for any accounting error unless you provide us notice within 45 days of the date of the transaction in question. Leapset reserves the right to make corrections to the balance of any Leapset Wallet gift card in the event of accounting error.
V. AMENDMENTS AND CANCELLATION.
Leapset may amend these terms at any time, including any rights or obligations you or we may have. As permitted by applicable law, any change will become effective at the time the amended terms are posted at our website or as otherwise stated in a notice to you.
Leapset and its Restaurant Partners may suspend or discontinue the terms of, and revoke or limit any or all of the rights granted to you related to, the Leapset Wallet and Leapset Wallet gift cards at any time without notice or liability. Termination may result from fraudulent or unauthorized use of the Leapset Wallet.
VI. RESTAURANT PARTNERS AND RESTAURANT PARTNER LIABILITY.
For Restaurant Partner locations, visit www.leapset.com/wallet.