Any use of services offered by Promotage.com, a wholly owned subsidiary of Promotage.com, LLC is subject to the terms of use given below as well as Promotage.com's Privacy Policy as posted on Promotage.com website. YOUR USE OF Promotage.com WEBSITE OR ANY SERVICES PROVIDED BY MEANS OF Promotage.com WEBSITE ("SERVICES") WILL CONSTITUTE YOUR ACQUIESCENCE TO AND ACCEPTANCE OF THESE TERMS OF USE. If you do not accept these Terms of Use, you must not sign up for new services and withdraw any account already in use.

1. Promotage.com offers a set of software applications (called "Service" or "Services" in this Terms of Use) that helps individuals, organizations, corporations, or enterprises (collectively referred using "you" or "your" in this Terms of Use) create and publish marketing offers and gift vouchers by creating a dedicated web page or multiple web pages hereby referred as "Merchant Site".
2. You must be 18 years or older to use this Service.
3. You are solely responsible for honoring copyrights and similar commitments, abiding by the rules and regulations applicable to their businesses in the countries or regions of operation, and observing strict adherence to the legal and ethical standards.
4. You agree not to use the Service to:
   • Violate intentionally or unintentionally any applicable local, state, national or international law, rule or regulation
   • Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, inflammatory, hateful, or racially, ethnically or otherwise objectionable
   • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
   • Upload, publish, post, email, transmit or otherwise make available any content that you do not have a lawful, legal right to make available
   • Upload, publish, or make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party
   • Upload, publish, or make available any unsolicited or unauthorized advertising, promotional or any other form of solicitation, except in those areas that are expressly designated for such purpose
   • Interfere or attempt to interfere with service to any user, host ornetwork, or indulge into overloading, "flooding," "spamming," "mail bombing," or "crashing" the service, the website, or any other host ornetwork
   • Access content or data not intended for you, or log onto a server or account that you are not authorized to access
   • Attempt to probe, scan or test the vulnerability of the service or any associated system ornetwork, breach security or authentication measures, interfere with or disrupt the service or servers ornetworks connected to the service, or disobey any requirements, procedures, policies or regulations ofnetworks connected to the service
   • Attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the software or services provided by Promotage.com or used by Promotage.com in providing the service
   • create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers
   • link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement or ones that you do not have a right to link to or include
5. Promotage.com reserves the right to modify or terminate the Service (or any part thereof) for any reason, with or without notice at any time. Promotage.com shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
6. Promotage.com reserves the right to remove any content and disable accounts if non-compliance to the Terms of Use is observed. Promotage.com might remove any content and disable accounts at any time without citing a reason. Where such termination is for cause, Promotage.com shall have no obligation to provide a refund of any amounts previously paid to Promotage.com.
7. You agree that all content you upload is saved in our systems and made available to the public at our discretion. You grant us, our affiliates, and our partners a worldwide, royalty-free, nonexclusive, irrevocable, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish all items of their uploaded information.
8. You agree to use the communication and messaging facilities we provide to send only messages and materials that are proper and related to a specific offer or promotion. You agree that you own the contents of a posting, promotion or message, and accept complete responsibility of the content posted to third-party websites or other delivery media.
9. You must provide accurate information required by Promotage.com, and will be solely responsible for maintaining the confidentiality of your accounts and passwords. Promotage.com will not be responsible for any loss or damage caused by inaccurate information or your inability to maintain confidentiality of data. You agree to take full responsibility for any liability that may arise due to inaccuracy of data submitted by you.
10. Content Posted on Other Websites. Promotage.com has not reviewed, and cannot review, all of the material, including the services, made available through the websites and web pages to which Promotage.com's website links, and that link to Promotage.com's website, including but not limited to any website operated by the businesses that use Promotage.com's Services. Promotage.com does not have any control over those non-Promotage.com websites and web pages, and is not responsible for their contents or their use. By linking to a non-Promotage.com website or webpage, Promotage.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Promotage.com disclaims any responsibility for any harm resulting from your use of non-Promotage.com websites, web pages or third party services through the Promotage.com website.
11. Changes. Promotage.com's website, including without limitation all content and Services there available and these Terms of Use, may be changed at the sole discretion of Promotage.com and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms of Use, and so should periodically review these Terms of Use.
12. Promotage.com does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
13. OF PROMOTAGE.COM, ITS AFFILIATES, ITS CONTRACTORS AND ITS LICENSORS. EXCEPT AS OTHERWISE EXPRESSLY STATED, ALL CONTENT POSTED TO OR AVAILABLE FROM PROMOTAGE.COM's WEBSITE AND THE SERVICES ARE PROVIDED "AS IS," AND PROMOTAGE.COM, ITS AFFILIATES, ITS CONTRACTORS, AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, PROMOTAGE.COM, ITS CONTRACTORS AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY THAT CONTENT POSTED TO OR AVAILABLE FROM PROMOTAGE.COM's WEBSITE OR THE SERVICES ARE FREE FROM ERROR OR SUITABLE FOR ANY PURPOSE; NOR THAT THE USE OF SUCH CONTENT OR THE SERVICES WILL NOT INFRINGE ANY THIRD PARTY COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, PROMOTAGE.COM's WEBSITE AT YOUR OWN DISCRETION AND RISK, AND THAT PROMOTAGE.COM, ITS AFFILIATES, ITS CONTRACTORS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT OR SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PROMOTAGE.COM's CONTRACTORS, AFFILIATES, AND LICENSORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS LIMITATION OF WARRANTIES.
14. LIMITATION OF LIABILITY OF PROMOTAGE.COM, ITS AFFILIATES, ITS CONTRACTORS AND ITS LICENSORS. EXCEPT AS OTHERWISE EXPRESSLY STATED, IN NO EVENT WILL PROMOTAGE.COM, ITS AFFILIATES, ITS CONTRACTORS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF PROMOTAGE.COM's WEBSITE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEB SITE, OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF PROMOTAGE.COM, ITS AFFILIATES, ITS CONTRACTORS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ANY AND ALL OF YOUR CLAIMS AGAINST PROMOTAGE.COM, ITS CONTRACTORS AND ITS LICENSORS ARISING OUT OF OR RELATED TO THE USE OF PROMOTAGE.COM's WEBSITE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEB SITE, OR THE SERVICES EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO PROMOTAGE.COM. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE PARTIES AGREE THAT THIS SECTION 14 REPRESENTS A REASONABLE ALLOCATION OF RISK. PROMOTAGE.COM's CONTRACTORS, AFFILIATES, AND LICENSORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS LIMITATION OF LIABILITY.
15. Indemnification. You agree to defend, indemnify and hold harmless Promotage.com, its affiliate, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of Promotage.com's website or the Services, including but not limited to out of your violation of any representation or warranty contained in these Terms of Use. In addition, you agree to defend, indemnify and hold Promotage.com, its affiliates, its contractors and its licensors, and their directors, officers, employees and agents from and against any and all claims and expenses, including attorney's fees, arising out of your acceptance of referral fees in contravention of any regulations in your profession prohibiting the acceptance of such fees.
16. Promotage.com and you are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Promotage.com and you.
17. Payments: A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
18. The service will be billed in 30 day intervals. When your billing period is over, registered Basic or Premium business account holders will be sent an invoice via email and their credit card will be automatically billed. As account holder, you agree to settle any billing issues within 2 weeks. Promotage.com reserves the rights, without liabilities, to suspend user account and delete all of your data from its database if payments are not received within 2 weeks of the invoice data.
19. Taxes: All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canadian (federal or provincial) taxes. You are responsible for taxes, levies, or duties for all sales through your e-commerce portal.
20. Refunds: No refunds are provided by Promotage.com. There is no partial billing and all cancellation are effective the end of subscription period. By example, if your subscription starts on May 10th, you next billing cycle starts on June 10th. If you cancel the services on May 11th, you will be billed in full for subscription services till June 10th. You may continue to operate your account till June 9th.
21. Cancellation: Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
22. Purchase from Merchant sites: The Merchant is the sellers of the voucher which you are purchasing directly from Merchant site provided by Promotage.com. You are making direct payment to Merchant and Promotage.com is providing e-commerce and other web-tools to the merchant. As a holder and issuer of the Voucher, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof. You waive, and release Promotage.com and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant in connection with a Voucher or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof. Merchant Vouchers are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally. According to applicable law, the Merchant may be responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher
23. These Terms and Conditions constitute the entire agreement between Promotage.com and you concerning the subject matter hereof; and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter; and they may only be modified by a written amendment signed by an authorized executive of Promotage.com, or by the posting by Promotage.com of a revised version. These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of law's provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect. Promotage.com reserves the right to change or revise these Terms of Use at any time by posting changes or revised Terms of Use on this website, Promotage.com at any time and at its sole discretion. Promotage.com will post such changes on the Promotage.com site and update the "Date of Last Revision" displayed on this page, and such changes will apply to any use of the Services made after the changes are posted to Promotage.com site. By agreeing to the Terms of Use, you expressly waive any right to individual notice of such changes to the Terms of Use. You must review these Terms of Use prior to each use of the Service and ensure that they understand the current, applicable terms at all times. If you do not agree to the amended Terms of Use, you must stop using the Services.

Please report any violations of these Terms of Use or Privacy Policy to our legal department via email at legal@promotage.com

Date of Last Revision: April 20th 2010