By installing livingethnic app and providing your personal details you agree to receive personalized livingethnic deals/coupons/offers each day. You may uninstall at any time.
The App is a platform through which certain Retailers (“Retailers”) sell coupons for goods, services or experiences (“Coupons” or “Offers”). Retailers are the sellers and issuers of Coupons and the issuers of Coupons and Retailer Gift Cards. The Retailer is solely responsible to you for the care and quality of the goods and services it provides. In addition, the App also provides a platform through which you can purchase products (“Products”) from Livingethnic and participate in other available programs.
All Retailer Coupons, Products, other available programs and pricing on the App may change at any time in Livingethnic’s discretion, without notice.
You need to be at least 18 years old and a resident of the United States to register for and use the Service.
If you are a user who signs up for the Service, will create a personalized account which includes a unique username(email address) and a password(one time code) to access the Service and to receive messages from the Service. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use the Site and app is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
· post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
· use the service for any unlawful purpose or for the promotion of illegal activities;
· attempt to, or harass, abuse or harm another person or group;
· use another user’s account without permission;
· provide false or inaccurate information when registering an account;
· interfere or attempt to interfere with the proper functioning of the Service;
· make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
· bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
· publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
Livingethnic retains the right, at our sole discretion, to deny service or use of the App or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the App and your account accessible, the App and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, App access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
You may only create and hold one account on the App for your personal use. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit or delete your personal information, including, without limitation, payment data. You understand and agree that Livingethnic shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your account and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the App or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.
Livingethnic’s share privilege (“SP Program”) is a Promotional Activity by which you may earn points for if a non-Livingethnic customer you refer becomes a Livingethnic customer and makes a qualifying download on the Appor if a non-livingethnic Retailer registers with Livingethnic.com
To participate, refer friends or Retailers who are not current Livingethnic subscribers and who have never downloaded or purchased a Coupon from the App (“New User”) by sending them your personal referral Code (“Unique Code”), available on the App or provided to you as a recipient of an invite-only special offer. For a New User who uses your Unique Code and, (i) registers on the App or on website, and (ii) makes an initial purchase or download of a Livingethnic coupon (“Eligible Coupon”) or publishes a coupon on retailer website, Livingethnic will, within a reasonable amount of time, post to your account any points for a limited period of time.
Livingethnic reserves the right at any time to modify or discontinue the SP Program, either temporarily or permanently (or any part thereof), with or without notice. Livingethnic will not be liable to you in the event of any modification, suspension or discontinuance of the SP Program.
When you create your own personalized account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
· You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
· You will not post information that is malicious, false or inaccurate;
· You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
· You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
As part of the Service, the Company may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Descriptions of the Retailer Coupons or offers and Products advertised on the App are provided by the Retailer or other referenced third parties. Livingethnic does not investigate or vet Retailers, and Livingethnic is not responsible for any performance or quality claims associated with the description of the Retailer Coupons or Offers or Products. Pricing relating to Retailer Coupons or Offers and Products on the App may change at any time in Livingethnic’s discretion without notice.
A Retailer may advertise goods, services or experiences on the App, or with respect to Products, supply Products to Livingethnic, that require Retailer to have an up-to-date regulatory authorization, license, or certification. Livingethnic does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Retailer (including but not limited to, Health & Fitness and Beauty & Spa Retailers). You should make whatever investigation you deem necessary or appropriate before purchasing any Retailer Coupon or Offer or Product to determine whether: (i) Retailer is qualified to provide the advertised good or perform the advertised service; or (ii) the Product is of the care and quality required. Retailer is solely responsible for the care and quality of the goods and services being provided or the care and quality of the Products.
Livingethnic is not a health or wellness provider and does not, will not and cannot refer, recommend or endorse any specific professional, services, products or procedures that are advertised on the App. The App is not a substitute for professional advice, including medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on the App.
If an offer becomes unavailable between ordering and processing, Livingethnic will either cancel or not process the order and will notify you by email.
Livingethnic does not guarantee that it offers best available rates or prices and does not guarantee against pricing errors. Livingethnic reserves the right, in its sole discretion, to not process or to cancel any orders placed, if the price was incorrectly posted on the App. If this occurs, Livingethnic will notify you. In addition, Livingethnic reserves the right, in its sole discretion, to correct any error in the stated retail price of the Retailer Coupon or Offer or Product.
Coupons or Offers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Retailer identified on the Coupon or Offer. The Retailer is solely responsible for redeeming the Coupon or Offer. Furthermore, the Retailer is fully and solely responsible for the care and quality of all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Coupon or Offer or not. You waive and release Livingethnic and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Retailer in connection with your use of a Coupon or Offer or the goods, services or experiences a Retailer provides in connection with the Coupon or Offer.
The Retailer is the sole issuer of the Coupon or Offer. If a Retailer or venue refuses to honor any Coupon or Offer, Livingethnic will not refund the amount paid upon request in the original form of payment. Coupons or Offers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification or trade of Coupons or Offers is prohibited. Pricing relating to Retailer Coupons or Offers and Products on the App may change at any time in Livingethnic’s discretion, without notice.
The Retailer is solely responsible for the sale and shipment of alcoholic beverages. Any offer that features alcohol will contain information about shipping and other restrictions.
Coupons or Offers are offered by Retailers to consumers for a certain percentage off of a purchase as specified on the face of the Coupon or Offer and subject to the terms and conditions as specified by the Retailer. By obtaining or purchasing a Coupon or Offer through the App, you acquire the right to redeem the Coupon or Offer with the Retailer. Any service fee retained by Livingethnic from the sale of a Coupon or Offer is compensation to Livingethnic for marketing, promoting, advertising and distributing the Coupons or Offers on behalf of the Retailer. As the issuer of the Coupon or Offer, the Retailer shall be fully responsible for any and all Liabilities, caused in whole or in part by the Retailer, as well as for any Liabilities arising from any regulatory action. Coupons or Offers have no cash or residual value. Livingethnic does not make any warranty in relation to the Coupons or Offers, including, without limitation, their validity and/or value. Livingethnic is not a party to any transaction that the Retailer and you may enter into as a result of you purchasing any Coupon or Offer.
Retailer Gift Cards are offered by Retailers to consumers subject to the terms and conditions specified by the Retailer on the face of the Retailer Gift Card. By obtaining or purchasing a Retailer Gift Card through the App, you acquire the right to redeem the Retailer Gift Card with the Retailer. Any service fee retained by Livingethnic from the sale of a Retailer Gift Card is compensation to Livingethnic for marketing, promoting, advertising and distributing the Retailer Gift Cards on behalf of the Retailer. As the issuer of the Retailer Gift Card, the Retailer shall be fully responsible for any and all Liabilities, caused in whole or in part by the Retailer, as well as for any Liabilities arising from any regulatory action. Livingethnic does not make any warranty in relation to the Retailer Gift Cards, including, without limitation, their validity or value. Livingethnic is not a party to any transaction that the Retailer and you may enter into as a result of you purchasing any Retailer Gift Card.
You can redeem a Coupon or Offer by using Livingethnic points. These points can be earned by
Participating in the Livingethnic’s share privilege (“SP Program”) or
Buying the livingethnic points using your creditcard via paypal or other payment gateways available via livingethnic app.
Livingethnic points are nontransferable and cannot be redeemed for cash. Livingethnic points are associated to the phonenumber used during registration process. If you change your phonenumber, and do not retain your registered phonenumber, you will lose livingethnic points. Livingethnic is not liable for any loss of livingethnic points.
(a) Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at [
176 Maine Lake Court , Suite 100
Raleigh, NC 27615-6417]:
The date of your notification;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description 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;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
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; and
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.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
Your physical or electronic signature;
A description of the content that has been removed and the location at which the content appeared before it was removed;
A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings.
Opting out may prevent you from receiving messages regarding the Company or special offers.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from 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 disputes. 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 favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.