TABLE OF CONTENTS
Last Updated: 2/1/2016
I. Types of Information Collected.
We collect two types of information when you visit Benefit’s Sites: (a) personally identifiable information and (b) non-personally identifiable information.
(1) Personally identifiable information.
Personally identifiable information is any information about you, such as your name, address, telephone number, credit card number and billing information, birth date, email address, profile information, and purchase history. Whether or not you provide your personally identifiable information to us is completely up to you, but if you choose not to provide the information we request, you may be unable to fully enjoy Benefit’s Sites and services, make a purchase or complete a transaction.
(2) Non-personally identifiable information.
Non-personally identifiable information can be technical information or it can be demographic information, such as your age, gender or interests. Non-personally identifiable information does NOT identify you personally.
II. Information Collection Practices.
When you visit Benefit’s Sites, with the help of our third party authorized agents, we may collect information both passively and directly.
(1) Passive Information Collection.
We may collect information passively, while you are visiting or interacting with Benefit’s Sites. We call this “passive” collection since you may not know that this data is being collected when you visit or interact with Benefit’s Sites. This information may consist of the following items: website visitors’ IP address, IP address-related information, system Media Access Control address, network configuration information, network device information, browser plug-in type and versions, and operating system.
Also, we may collect your location if you choose to allow us to track your location through Benefit’s Sites or if your personal or non-personal information indicates a certain geographic location. This information may help us provide recommendations to you based on your location, serve you with advertisements or direct you to a product or service that we believe may be of interest to you and that is marketed to people near your location.
Finally, in order to help facilitate the delivery of relevant content, we may utilize third party data analytics tools to identify how users engage with Benefit’s Sites and to provide us with information regarding our users.
Information that is collected passively may be non-personally identifiable or it may identify you personally. Further, this information may be collected whether you are signed in to Benefit’s Sites or not. The purpose of this data collection is to optimize your experience on Benefit’s Sites, to ensure we are partnering with third parties that offer products and services that are of interest to you, to facilitate a transaction or fulfill the terms of an agreement, or to ensure that the advertisements offered to you are relevant.
(2) Direct Information Collection.
We also may collect information from you directly, at the time that you supply data to us via Benefit’s Sites. This information may be collected in the following instances:
- Purchases. When you place an order through Benefit’s Website, we require that you provide your personally identifiable information, such as your name, email address, shipping/billing address, phone number, credit card number and its expiration date in order to process and track your order. We may also maintain a record of your product purchases.
- Creating an Account. When you create an account on any of Benefit’s Sites, we may ask for your full name and email address. We also ask you to create a password to access your account. You are responsible for maintaining the confidentiality of your account and password. You do not need an account to make an online purchase, but you will need to create an account to use some of the other features on Benefit’s Sites, such as to participate in the Ratings & Review feature. You can also create an account on Benefit’s Blog by providing a username and your email address.
- Sign-up for Emails and Catalogs. You can sign up on Benefit’s Sites and in Benefit stores to receive promotional emails from us that include the latest information about our new products, exclusive offers, tips and tricks and more. If you sign up for emails, we will ask you for your email address. We may also ask for other personally identifiable information, such as your name and country location. If you sign up to receive our catalog, we may ask for your name, mailing address, email address and other optional information regarding your preferences and interests.
- Facebook Applications. When you use one of our applications on Facebook, we will request your permission to access certain personally identifiable information on Facebook, such as your name, profile picture, gender, networks, user ID, list of friends, and other profile information. Depending on the application, you may have the opportunity to post reviews, questions, answers and other content to the application. You can change certain settings relating to these applications through your account and privacy settings on Facebook.
- Feedback. If you contact us to give us feedback or ask questions about Benefit’s Sites or any of Benefit’s services or products, we may store your communications, including any personally identifiable information you include in them, so we can effectively respond to you.
The above list provides examples of how we may collect personally identifiable information from Benefit’s Sites. If you do not want us to collect your personally identifiable information, please do not provide it on Benefit’s Sites.
III. Use of Information.
We collect information to serve you better and to provide you with a customized experience while using Benefit’s Sites. Here are some examples of how we may use your personally identifiable information and non-personally identifiable information:
(1) Personally identifiable information.
We may use your personally identifiable information in the following instances:
- to fulfill a request from you, such as to send you catalogs, promotional emails or email notifications, fulfill and deliver your orders, tell you about our new products, services and offers, respond to your comments, feedback or questions, contact you if necessary while processing an order, and generate web analytics to compile user data for marketing purposes. If you would rather not receive promotional emails from us, please see the section titled “Opting Out” below.
- to request feedback and to enable us to develop, customize and improve Benefit’s Sites and our publications and products;
- to conduct marketing analysis and to send you surveys or newsletters;
- with your consent or otherwise when consistent with anti-spam legislation, to contact or alert you about Benefit’s Sites, or any products, activities, special events or offers from us or our partners; and/or to contact or alert you for other marketing, informational, product development or promotional purposes;
- to keep track of any purchase made by you and/or notify you of any product or service we believe may be of interest to you;
- if necessary, to facilitate or assist with any transaction between you and any of our affiliates or with any other website that is affiliated or related to us;
- to contact you about your use of Benefit’s Sites, or to otherwise respond to your emails, submissions, comments, requests or complaints, including customer support inquiries or questions about our products or services;
- to tie it to your non-personally identifiable information or demographic information in order to provide you with recommendations for products or services that are based on your interests, purchase history, your age or your location;
- to combine the personally identifiable information you provide us with other personal and non-personally identifiable information about you (such as demographic and past purchase information) from our records and from other sources, such as address update services, to use for future marketing initiatives and to help us improve Benefit’s Sites and your overall shopping experience;
- in the event you purchase a product or service, we may use your personally identifiable information to process your order, complete a transaction or perform after-sales services;
- to administer Benefit’s Sites, anticipate and resolve problems with these sites; to store contacts you enter or upload into your contacts list for your private use and viewing;
- to connect you to external, third party applications, such as when you create an account using an external application such as Facebook or Twitter;
- to contact you regarding any promotion, sweepstakes or contest that you participate in through Benefit’s Sites; and
- for other purposes about which we notify you.
(2) Non-personally identifiable information.
Non-personally identifiable information is used in correlation with personally identifiable information, in order to fulfill transactions, provide you with a requested service, for research and market development, or in other ways as permitted by applicable laws, including combining non-personally identifiable information with personally identifiable information.
IV. Sharing of Information.
(1) Personally identifiable information.
- To complete your purchase. If you choose to make a purchase on Benefit’s Sites, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other personally identifiable information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card).
- Fromtime to time, Benefit’s Sites may include collaboration features that by their nature support sharing with users you choose. Those users can see your name, email address, information you add to your profile, and any files you choose to share; and they can post comments and email you.
- We also may have to share your personally identifiable information if you choose to enter a sweepstakes or contest in order to fulfill the terms of that promotion. This means that we may share the information for prize fulfillment purposes or mail carriers. We also may share your information with the co-sponsor of that promotion or to market the prize distribution.
- We may share personally identifiable information and/or non-personally identifiable information in order to track and analyze usage and volume statistical information from our visitors and customers and provide such information to third parties.
- For fraud protection and compliance with law, we may disclose any information, including personally identifiable information, that we deem necessary.
(2) Non-personally identifiable information.
V. Information on Public Areas of Benefit’s Sites.
Any information you submit in a public area of Benefit’s Sites – such as on a social media page, user comments, comments on Benefit’s blogs, reviews or comments on the Ratings & Reviews feature, questions or answers on the Ask & Answer application or any other public forum - will not be treated as confidential and may be publicly disclosed. This applies to personally identifiable information, as well as non-personally identifiable information, so please consider your public postings before doing so. Additionally, information posted on social media pages will be subject to the terms governing those pages and websites.
VI. Location Services.
Benefit’s Applications may include features that can provide you with location-based information if you tell us where you are (i.e., by allowing your mobile device to send us your location). If you want to deactivate this feature, please contact your carrier for information on how you can disable location services on your mobile device.
VII. Protecting Kids’ Privacy.
Benefit’s Sites are not intended for children. We do not knowingly collect personally identifiable information from children, and none of the Benefit Sites are designed to attract children. In the event that we learn that a person under the age of 13 has provided personally identifiable information to Benefit, we will delete such personally identifiable information.
VIII. Protecting Your Security.
Security for Benefit’s Sites is in accordance with industry standards to protect the security of your personal information both online and offline. Personally identifiable information is stored on computer servers in a controlled environment that is reasonably protected from unauthorized misuse or disclosure. We use available technology and other techniques to implement systems like firewalls, and/or encryption to secure marketing data transfers.
Orders placed on Benefit’s Website are encrypted using Secure Socket Layer (SSL) technology, an industry standard that is used by vendors to ensure the security of online business. It negotiates and employs the essential functions of mutual authentication, data encryption, and data integrity for secure transactions.
We take special steps to safeguard your personal information and since your password is protected, only you can access your account information. We recommend that you keep your password private and always sign-off of your account and close your browser when you are finished shopping. If you have any questions about security on our website, please email email@example.com.
We only retain personally identifiable information for as long as is necessary for the purpose for which it was collected. When we no longer are required to retain the information, we will destroy, erase, or de-identify the information. Legal requirements, however, may require us to retain some or all of the personally identifiable information we hold for a period of time that is longer than that for which we might otherwise hold.
IX. Opting Out.
If you would like to opt out of receiving promotional emails from us, please follow the unsubscribe instructions located at the bottom of each email.
If you would like to opt out of receiving direct email, mail, mobile marketing or telephone marketing calls from us, or if you prefer that we not share your personal information with third parties for marketing purposes, please send your request, including your name, email address, street address, city, state, and postal code, via email firstname.lastname@example.org (please use the subject line: Privacy Opt-Out Request). We are not responsible for notices that are not labeled or sent improperly, or do not have complete information. We will process your request within 30 days of the date we receive your request (or within 10 days in the case of commercial electronic messages such as email), but you may, in the meantime, receive previously scheduled emails, mail or calls from us. Once you have opted out, you do not need to do so again.
X. Changing, Updating or Deleting Personal Information.
You can update, change or delete certain personally identifiable information (such as your email address, mailing address and payment method) on Benefit’s Websites by clicking “My Account” in the menu at the top of each page on Benefit’s Websites.
XI. Third Party Advertisers.
We may use advertisers, third party ad networks, and other advertising companies to serve advertisements on Benefit’s Sites. Please be advised that such advertising companies may gather information about your visit to Benefit’s Sites or other sites (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which webpages you were viewing when such ads were delivered. If you would like more information about this practice and to know your choices please click here. PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.
XII. International Transfer of Information.
If you choose to provide us with personally identifiable information, Benefit may transfer that information to its affiliates and subsidiaries or to other third parties, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world, including to our third party service providers. Your personally identifiable information may therefore be transferred to the United States, which does not have the same data protection laws as Canada and by providing your personally identifiable information you consent to:
- the transfer of your personally identifiable information to the United States as indicated above.
In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personally identifiable and non-personally identifiable information collected via the Sites.
XV. Governing Law.
XVI. Contact Us.
Benefit Cosmetics LLC
225 Bush Street
San Francisco, California 94104
TERMS & CONDITIONS
Last Updated: 8/9/2016
BENEFIT COSMETICS NEW BROW COLLECTION PROMOTIONAL OFFER
TERMS & CONDITIONS
LIMITED TIME OFFER OVERVIEW
The first 20,000 eligible participants who access Benefit Cosmetics’ (the “Sponsor”) NEW Brow Collection via Topbox (the “Operator”) will have an opportunity to send a friend or receive one (1) of 20,000 NEW Brow Collection samples. This Offer is available only for a limited time and while supplies last. (See full details below.)
The Offer is only open to senders and recipients who are legal residents of Canada. All federal, provincial, and local laws and regulations apply. Employees of Sponsor, Operator or any of their
respective affiliates, sales representatives, agencies, dealers, retailers, wholesalers, distributors, and promotional and other vendor agencies involved in the promotion, and the immediate family (parent, spouse, sibling, child, grandparent, grandchild) and household members of all such employees, are NOT eligible. Promotion is subject to all federal, provincial and local laws and regulations. Void where prohibited or restricted by law.
HOW TO PARTICIPATE
In order to send or receive one (1) of 20,000 NEW Brow Collection samples, you must do the following:
- Click on the “EMAIL”, “FACEBOOK”, or "TWEET" button to send the Offer to a friend.
- Should you be one of the first 20,000 participants, you will be invited to send to whom you would like to send one (1) NEW Brow Collection sample.
- If you selected the “EMAIL”, “FACEBOOK”, or ‘TWEET” option, your friend will then have to click the Offer link provided, accept Offer terms and confirm their Email in order to receive a sample. Once they confirm, their sample will be mailed to them within 14 business days.
This Offer shall run between 9 am ET on August 1st, 2016 and 12 pm ET on August 31st, 2016 or until the supply of 20,000 NEW Brow Collection samples runs out (“Offer Period”). The Operator will maintain the official time clock and will determine the order of requests received for the Offer. There is a limit of one (1) NEW Brow Collection sample per household, per email address and per Facebook and Twitter account. Senders can send up to three (3) items in total, and may share items individually to up to three (3) friends. Any attempt by any person to submit multiple offer requests using multiple/different accounts or any other methods will void that all that person’s offer requests and that person will be disqualified at the Sponsor’s discretion.
The following products are available in connection with the Offer: KaBrow Deluxe Sample Light/Medium (1.0 g), Gimme Brow Deluxe Sample Light/Medium (1.0 g), and Goof Proof Pencil Deluxe Sample Light/Medium/Dark (11 g) (“Offered Product”). No substitutions, cash-outs, or alternative merchandise. If any Offered Product is returned as undeliverable, no further attempts will be made to deliver it and it will be deemed forfeited. Sponsor and Operator are NOT responsible for any lost, late, delayed, or misdirected Offer requests or Offer products.
By participating in this Offer, participants agree to release, discharge, and hold harmless Facebook, Twitter, Sponsor, Operator, and their respective parents, affiliates, subsidiaries, advertising and promotions agencies, and other individuals engaged in the development or execution of this Offer, from any liability, claims, losses, and damages arising out of or relating to their participation in this Offer or the acceptance, use, misuse, or possession of any Offered Product.
Sponsor and Operator are not responsible for any typographical or other error in the printing of this offer, including erroneous appearance of qualification for the Offered Product and under no circumstances will more than the stated number of products be awarded. Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Offer at any time for any reason and without further obligation.
CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEBSITE, APP, OR SERVICE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE OFFER ARE PROHIBITED AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND OPERATOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
BY PARTICIPATING AS AN ACTUAL OR PROSPECTIVE OFFERED PRODUCT SENDER OR RECIPIENT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING ALL LIMITATIONS OF LIABILITY AND DISCLAIMERS, AS SPECIFIED HEREIN.
Sponsored by Benefit Cosmetics Canada, 2 Bloor St. West, Suite 2000, Toronto, ON and operated by Topbox Inc., 53 Tycos Dr, Toronto, ON M6B 1W3.
INFORMATION COLLECTION & USE
In order to facilitate the sending and receiving of samples, gift cards, or online coupon codes from, and applicable to products and/or services provided by, our partner merchants/brands ("Partners") over Partners' Facebook pages ("Sites"), we collect Personal Information through the Facebook Connect service. Such information includes your name, Facebook name, Facebook ID, city-level location, e-mail address, gender, birthday, and number of Facebook friends. We may also collect your Twitter handle or other social media ID, social media profile picture or avatar. We collect your shipping address to send your samples to you, and also your phone number, to provide you with transactional notifications and to authenticate your account. We collect other brand- or product-related information such as your child’s birthdate, if you provide that information.
We also track areas of interest, including: the types of offers that interest you; campaigns you participate in; newsletters you subscribe to; information about friends who refer you or whom you refer; information about how you interact with Topbox or the Sites, such as the products or services you view or share; how you interact with us, Partners, and friends; and the pages and other accounts you follow on social media.
We also collect information related to contact you may have with us or Partners via telephone, email, text, postal mail, social media interaction, or other methods of communication, for reasons such as customer support.
We may also collect Personal Information from time to time through other communications with you, information downloads, product or service purchases or sharing, and user support.
As you use the App or Site, certain anonymous information may be passively collected (that is, gathered without you explicitly providing the information), including your Internet Protocol (IP) address, operating system, browser type, the address of a referring site and your Site or App activity. We use Google Analytics, and your Internet browser may, for instance, using small files called "cookies," automatically transmit anonymous information to us, such as the date and time you access the App. We use such information to better understand how you interact with our services, while monitoring traffic to our services, with the aim of improving our services. This information is not treated as personal information unless we combine it with or link it to any of the personally identifiable information mentioned above. While you may be able to disable cookies with your browser, doing so may affect Topbox’s functionality.
INFORMATION SHARING & DISCLOSURE
We will not transfer your Personal Information to third parties without your permission, except for the following.
We share with our Partners anonymized statistics pertaining to the types of users using the App and their general behaviour. We may also share your name, city-level location, shipping address, age and gender, social media IDs such as Facebook ID and Twitter handle, and information on your participation in any campaigns, offers and newsletter subscriptions with any current Partners at their request.
In addition, we may send your Personal Information to other companies or people under any of the following circumstances: when we have your consent to share the information; or we need to share your information to provide the product or service you have requested; or we need to send the information to companies who work on our behalf (who are not Partners) to provide a product or service to you. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose).
We may also transfer your Personal Information without your permission to the extent required to do so by law or in the good faith belief that such action is necessary to: (i) conform to the edicts of law or comply with legal process served on us; (ii) protect or defend our rights or property; (iii) act in urgent circumstances to protect the personal safety, property, or privacy of our employees, users, or members of the public; or (iv) affect a transaction, restructuring or proceeding that transfers to a third party the assets or line of business to which the information pertains.
CHANGING OR DELETING YOUR INFORMATION
You may review, update, correct, or delete Personal Information by contacting us. Please contact us should you desire a change, and we will strive to accommodate your request as quickly as possible if we do not have any legal obligation to retain the record. See below for contact information.
Your Personal Information is protected for your privacy and security. We safeguard the security and confidentiality of your data using physical, technical, and managerial procedures. Please be aware that, despite our best efforts, no security measures are perfect or impenetrable.
Your information may be transferred to, and maintained on, computers located outside of your jurisdiction, where the privacy laws may not be as protective as those in your jurisdiction. Topbox may transfer Personal Information across the United States and/or Canada and process and/or store it there.
BUSINESS OR ASSET TRANSFER OR SALE
Topbox may be sold, might sell or buy businesses or assets of businesses, or Topbox might merge with another business. Normally, in the instance such transactions, user information is one of the transferred business assets. In the event that Topbox, a line of business of Topbox, or substantially all the assets of Topbox are transferred as part of such a transaction, your information may well be one of the transferred assets. Where and as required by law, Topbox will make reasonable effort to provide notice on Topbox and to notify you via email to the most recent email address that you have provided to Topbox of any such change in ownership or control of your Personal Information.
PROTECTION OF MINORS
Children under the age of 13 are not permitted to register or use.
If you have any questions, comments or concerns please contact us electronically at email@example.com.
Last Updated: May 30, 2016
Terms of Service
TOPBOX ("WE"/"US") HAS/HAVE DEVELOPED THE MOBILE APPLICATION (THE "APP") AS PART OF A SERVICE WHICH MAY ENABLE YOU, AS A USER ("YOU"), TO SEND (AS A "SENDER") OR RECEIVE (AS A "RECEIVER") SAMPLES, GIFT CARDS, OR ONLINE COUPON CODES FROM, AND APPLICABLE TO PRODUCTS AND/OR SERVICES PROVIDED BY, OUR PARTNER MERCHANTS/BRANDS ("PARTNERS").
BY USING THE APP OR RELEVENT TOPBOX OR PARTNER FACEBOOK PAGES ("SITES") YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE PROHIBITED FROM USING THE APP. THESE TERMS MAY BE AMENDED OR UPDATED BY US FROM TIME TO TIME AND THE MOST CURRENT VERSION WILL BE POSTED ON TOPBOX.CA. IT IS ENTIRELY YOUR RESPONSIBILITY TO REVIEW THESE TERMS FOR ANY CHANGES. YOUR APP USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF ALL SUCH REVISED TERMS. ANY NEW FEATURES OR FUNCTIONS THAT MAY BE ADDED FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS, UNLESS STATED OTHERWISE, AND NOT REQUIRE SPECIFIC NOTICE OR CONSENT.
As a Sender or Receiver, you must:
provide us with accurate and complete information; and
update your registration information immediately upon any changes; and
not use false identities or impersonate any other person or entity or use a name that you are not authorized to use; and
affirm and warrant that you will only communicate and make representations with total candor, precision, and honesty; and
agree to only share your friends' information with their prior consent.
RESTRICTIONS ON USE
In using the App you shall not:
copy any content from Topbox unless expressly permitted to do so herein;
upload, post, email, transmit or otherwise make available any material that:
you do not have a right to make available under any law or under a contractual relationship;
infringes any patent, trademark, trade secret, copyright or other rights;
is or contains unsolicited or unauthorized advertising or solicitation;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Site; or contains any falsehoods or misrepresentations or create an impression that you or ought to know is incorrect, misleading, or deceptive, or any in any way harmful;
impersonate any person or entity or misrepresent an affiliation with a person or entity;
interfere with or disrupt the App or Site servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to the App or Site or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
collect or store personal data about other users or share or publish any private information of someone, like their address, phone number, email address, and similar information without their explicit written permission;
license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App or Topbox; or
modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Topbox or any software provided as part of the App or Site, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
INTELLECTUAL PROPERTY VIOLATIONS
We do not permit intellectual property-infringing activities and will move to remove any content and/or stem any activity we deem infringing on another's intellectual property rights. If you are an intellectual property rights holder or an agent thereof and believe your rights are being violated, you may contact us via firstname.lastname@example.org.
END USER LICENSE
The App and the information and materials that it contains/displays, are the property of The Topbox App and its Partners or licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms, we grant you a non-transferable, non-exclusive, license to use the App (the "License"). The App is licensed to you and not sold. Nothing in these Terms gives you a right to use our names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the App or Facebook. Any future release, update, or other addition to functionality of the App shall be subject to the terms of these Terms.
If you provide us with any suggestions, comments or other feedback relating to any aspect of Topbox ("Feedback"), we may freely use such Feedback or in any other products or services without remuneration to you.
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS
THE APP, TOPBOX AND ALL MATERIALS PROVIDED BY TOPBOX OR OUR PARTNERS ARE PROVIDED "AS IS." WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TOPBOX IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE OR SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. WE DO NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE APP OR IN RESPECT TO ANY FACEBOOK OR OTHER SITE, EVEN IF IT CAN BE REACHED FROM A LINK ON ANY RELEVENT SITE OR APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE SITE OR APP, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY, REGARDLESS OF WHETHER THAT PARTY IS AN TOPBOX USER. WE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT OR INFORMATION OR ANYTHING ELSE EXCHANGED BY MEANS OR VIRTUE OF TOPBOX.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS APP, SITE, OR TOPBOX, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE SITE OR APP, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF TOPBOX, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SITE OR TOPBOX, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE SITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE. THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS ($50) OR (B) AMOUNTS YOU PAID US IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
YOU SHALL INDEMNIFY AND HOLD TOPBOX AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY USER CONTENT OR MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH TOPBOX OR THE SITE AND ANY VIOLATION BY YOU OF THESE TERMS.
AVAILABILITY & UPDATES
Topbox may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or for other reasons. We may periodically add or update the information and materials on the Site or App without notice.
Topbox does not have any control over our Partners, and is not and cannot be responsible for their products, services, content, operation or use, with regard to any Topbox content or any other content. Topbox does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information, products, or services provided by Partners.
Topbox disclaims any and all responsibility or liability for any harm resulting from your use of Partner products and services, and you hereby irrevocably waive any claim against Topbox with respect to the content or operation of any Partner product or service.
You acknowledge that is entirely the responsibility of, and at the discretion of Partners, and not Topbox, to: (i) provide and transfer samples, gift cards, and online coupon codes; and (ii) determine and honor the value and validity of any samples, gift cards, and online coupon codes.
You acknowledge that you shall not attempt to reproduce, sell, or otherwise transfer Partner samples, gift cards, or online coupon codes in any manner not authorized by both Partners and Topbox in writing.
BUSINESS OR ASSET TRANSFER OR SALE
Topbox may be sold, might sell or buy businesses or assets of businesses, or Topbox might merge with another business. Normally, in the instance such transactions, user information is one of the transferred business assets. In the event that Topbox, a line of business of Topbox, or substantially all the assets of Topbox are transferred as part of such a transaction, your information may well be one of the transferred assets. Topbox will make reasonable effort to provide notice on Topbox and to notify you via email to the most recent email address that you have provided to Topbox of any such change in ownership or control of your Personal Information.
If you have any questions about these Terms or if you wish to make a comment or complaint regarding Topbox, please contact us at: email@example.comBack to the Top