Surprizle

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Terms of Service

Website Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY, AS THEY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND LBBS LLC, A MINNESOTA LIMITED LIABILITY COMPANY (“we,” “us” and “our”).

These Terms of Use (“Terms of Use”) are entered into by and between you and us and govern your use of the www.surprizle.com website and any other website on which these Terms of Use appear including any content, functionality, products and services offered therein (collectively, the “Site”).

These Terms of Use apply to your access to and use of the Site and do not alter in any way the terms and conditions of any other agreement you may have with us. If you breach any of these terms and conditions, your authorization to use the Site automatically terminates and you must immediately discontinue use of the Site.

1. Acceptance of these Terms of Use.

By using the Site, you accept these Terms of Use and agree to be bound by them. By using the Site, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms of Use. Use of the Site is strictly voluntary. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE SITE AND MAY NOT USE THE SITE.

To access and use certain services available through the Site, you may be required to have a user account with us and you must agree to be bound by additional terms contained there. Unless otherwise provided, the additional terms will control if there is a conflict between these Terms of Use and the additional terms.

You must be at least 13 years old to send or receive a Surprizle.

2. Collection of Visitor Information on the Site

Any information collected at the Site and the purposes for which we may use this information are set forth in our Privacy Policy. The terms of our Privacy Policy are incorporated herein by this reference. Please carefully review the information contained in our Privacy Policy. By using the Site, you agree to waive and release us from any claim or liability in connection with the collection, use, or disclosure of information that is consistent with the terms of our Privacy Policy.

3. Changes to these Terms of Use.

We may revise these Terms of Use at any time without providing notice by posting a new version on the Site. Any use of the Site following the date on which changes to these Terms of Use or the Privacy Policy are published on the Site shall constitute your acceptance of all such changes. You expressly agree that we shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

4. Copyright.

Except for User Content, all software, technology, and content included in the Site or used in the operation of the Site, is our owned or licensed property, or our software, technology, and content providers’ property, and is protected by U.S. and international copyright laws. In addition, the compilation (meaning the collection, arrangement, and assembly) of all content on the Site (exclusive of User Content) is our exclusive property and protected by U.S. and international copyright laws. Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the content, information, and functionality made available on the Site, for your use of the Site in accordance with other guidelines, instructions, and limitations described on the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on this website is strictly prohibited without our written permission.

5. Trademarks.

The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Site are registered and unregistered Trademarks of ours and other parties. Nothing on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Other product and company names mentioned on the Site may be the Trademarks of their respective owners.

6. Other Intellectual Property and Reserved Rights.

All other intellectual property rights related to the content (exclusive of User Content), software, and technology included on the Site or used in the operation of the Site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are our owned or licensed property. Any use of these rights without our prior written permission is strictly prohibited.

We or our licensors own and reserve all right, title, and interest in and to the Site. These Terms of Use do not grant you any rights in or to the Site or any of its components except for the limited rights to use the Site expressly granted by these Terms of Use.

7. Termination.

Your license to the Site and our obligations under these Terms of Use will automatically terminate if you fail to comply with any provision of these Terms of Use or if the reason you were granted access to the Site terminates. No notice will be required from us to effectuate such termination. Upon termination of these Terms of Use, all of your rights to use the Site shall terminate immediately and we may delete or remove your account and related data.

8. Restrictions.

You may not: (i) reproduce, modify, prepare derivative works based upon, translate, tamper with, distribute, sublicense, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site except as expressly permitted by us; (ii) reverse engineer, disassemble, or decompile the Site or apply any other process or procedure to derive the source code of any software included in the Site; (iii) use the Site in a manner that interferes with other users’ use of the Site; (iv) link to, mirror or frame any portion of the Site; or (v) attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks.

9. Additional Prohibited Activities and Visitor Obligations

Without limiting any other provision in these Terms of use, you agree not to do, or assist others to do, the following:

  • violate any applicable law or regulation;
  • upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
  • Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;
  • Post any publicly available content that is subject to any disclosure restrictions;
  • Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
  • Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  • Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
  • impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
  • engage in any activities or manipulate identifying material to misrepresent the origin of content; use the Site for any activity that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;
  • interfere with or otherwise limit the use of the Site by other users;
  • colleollect, compile, or store personal information about other users of the Site;
  • disrupt or interfere with the security of, operation of, or otherwise cause harm to, this website or the systems resources, accounts, usernames and passwords, servers, or networks connected to or accessible through this website or any affiliated or linked sites;ct, compile, or store personal information about other users of the Site;
  • disrupt or interfere with the security of, operation of, or otherwise cause harm to, this website or the systems resources, accounts, usernames and passwords, servers, or networks connected to or accessible through this website or any affiliated or linked sites;
  • modify, reverse engineer, disassemble, decompile, translate, create derivative works from, or otherwise alter the Site;
  • use the Site in a manner that could cause us to violate any law, rule or regulation;
  • use any robot, spider, scripts, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without our prior, express, and written permission; or
  • or the Site for your own commercial purposes without our prior, express, and written permission.

10. User Content; Monitoring Activity.

You agree that you are solely responsible for the Post of any content or information that you make available on or send through the Site (“User Content”). By the Post of User Content to the Site or transmitting User Content through the Site, you hereby grant to us an irrevocable right to copy, display, and use your User Content in connection with our operation of this Site. By the Post of User Content to the Site or transmitting User Content through the Site, you represent and warrant that: (a) the User Content is non-confidential; (b) you have all necessary rights to Post the User Content to the Site and to grant us the rights you grant in these Terms of Use, and the User Content does not violate or infringe the rights of any other person or entity; (c) the User Content is accurate and not misleading or harmful in any manner; (d) the User Content, and use and the Post thereof in connection with the Site, does not and will not violate these Terms of Use or any applicable local, state, national or international statute, regulation, or law.

Although we have no obligation to screen, edit or monitor any of the User Content or user conduct on the Site, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense, and expressly acknowledge that we may delete or purge any User Content at any time and without any notice or obligation to anyone.

11. Your Account

If you have a user account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to maintain accurate, complete, and up-to-date information in your user account on the Site. You agree to accept responsibility for all activities that occur under your account or password. We reserve the right, without notice and in our sole discretion, to suspend or terminate your access to the Site and to refuse or restrict access or service, terminate accounts, and to remove or edit content on the Site. If we, in our sole reasonable determination, believe that you have violated any of these Terms of Use, we may suspend or terminate your account.

12. Purchases.

We may use a third party to manage or process payments made by you on the Site. You authorize us and any payment processing service provider we may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of this Site. You shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to us are nonrefundable. We may from time to time revise the pricing for products and services offered through the Site.

13. Accuracy

Information on the Site may contain typographical errors, inaccuracies, or omissions. We reserve the right, but have no obligation, to correct any errors, inaccuracies, or omissions and to change or update information at any time without notice to you.

14. Disclaimer of Warranties and Limitation of Liability.

THE SITE, INCLUDING WITHOUT LIMITATION ALL CONTENT, MATERIALS, GAMES, PUZZLES, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SITE, ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. FURTHER, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITE.

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR ANY OF OUR AFFILIATES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Certain state laws do not allow the exclusion of or limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. In these states, our liability shall be limited to the extent permitted by law.

UNDER NO CIRCUMSTANCES WHATSOEVER SHALL OUR LIABILITY RESULTING FROM OR RELATING TO YOUR USE OF THE SITE EXCEED FIVE UNITED STATES DOLLARS (USD $5.00).

15. Release and Indemnification.

You agree to release us and our members, managers, officers, directors, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site. If at any time you are not satisfied with the Site or object to any material within the Site, your sole remedy is to cease using the Site.

You agree to indemnify, defend and hold us and our affiliates, members, officers, directors, employees and agents from and against any claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) that we or they incur or suffer which relate to or arise out of any claim concerning your use of the Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your agreements, representations or warranties made under these Terms of Use.

16. Links to Other Web Sites

The Site may contain links to other websites. Additionally, other websites may contain links to the Site. We do not review or monitor the websites linked to the Site and we are not responsible for the content or policies of any other websites. Any link established by us does not constitute an endorsement of the other websites or create a relationship between us and the operators of other websites. We disclaim any liability with respect to your use of any other website, and you release us from any liability related to your use of any link to another website or your use of any other website. Where the Site contains a link to another website owned and/or operated by us, such website use may be subject to different and additional terms of use and privacy policy terms and conditions.

17. Continued Operation, Accessibility, and Maintenance of the Site

We may modify, change, suspend, terminate or discontinue the operation of the Site or the provision of any service therein without notice and we reserve the right to refuse service to anyone at any time, with or without cause.

18. Aggregated Data

You hereby grant us and our providers a non-exclusive, perpetual, irrevocable, fully-paid-up, royalty free license to use data derived from your use of the Site (the &ldquot;Aggregated Data&rdquot;) for our business purposes and the business purposes of our providers. Aggregated Data does not include (directly or by inference) any information identifying you or your household or any other identifiable individual or household. You further grant us and our providers the right to (i) use the Aggregated Data in any aggregate or statistical products or reports, (ii) disclose Aggregated Data in a summary report that does not show, display or indicate customer specific or customer identifying information, and (iii) use the Aggregated Data (without personally identifiable information) to compare with other organizations within the same industry or group.

19. Submissions

Any and all questions, comments, suggestions, and similar materials or information that you send or submit to us on the Site, by a Post or otherwise (collectively, “Submissions”), shall become our property; and you hereby transfer, sell, and assign to us all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. We have no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. We shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

20. Copyright Agent Information

We respect the intellectual property rights of others, and require that the users of this Site do the same. If you believe that your work appears on this Site has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide a notice containing the following information to the Copyright Agent named below:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the alleged infringing material is located on this Site, with enough detail that we may find it;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright or intellectual property owner, your agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; and
  • A statement by you, made under penalty of perjury, that the above information contained in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

By Mail:
Copyright Agent C/O LBBS, LLC
PO BOX 386152
Bloomington, MN 55438

Or Email: contact@surprizle.com

It is our policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of others.

21. General Provisions

English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation. Any and all communications relating to the Site must be in the English language.

Any failure by us to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.

These Terms of Use shall be governed by the laws of the State of Minnesota without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with us, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in Hennepin County, Minnesota (the “Minnesota Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Minnesota Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; (iv) agree that any and all disputes, claims, and causes of action arising out of or relating to these Terms of Use shall be resolved individually, without resort to any form of class ‎action or other consolidation or joining of claims of other parties who may have similar claims; and (v) agree the Minnesota courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use.

If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements and you agree not to access the Site in any such jurisdiction.

You are responsible for compliance with applicable laws.

22. Contact

For questions or comments related to the Site or these Terms of Use, please use the Contact Us feature on the Site or email us at contact@surprizle.com.