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Back At You, Inc. ("Us" or "We") provides the backatyou.com site and various related services (collectively, the "site") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service" or "TOS"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.
These Terms of Service are effective as of the date you register with the site. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
As used in these Terms of Service, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, Companies, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
We make various services available on this site including, but not limited to software services ("Services") that helps third-party companies ("Companies" or "Company") create, publish and promote marketing promotions ("Marketing Promotions") online. Some Marketing Promotions on Back At You provide for an online entry form where entrants ("Entrants") can submit an entry to a Sweepstakes or Contest. Certain Marketing Promotions utilize technology from Facebook and Twitter and thus Companies must comply with their applicable Terms of Service. Companies using Back At You will be charged for the use of the our Services in accordance with these Terms of Service.
If and when you are making a purchase with us, upon accepting our Terms of Service we ask you to digitally sign your name and/or formally accept our Terms of Service to show that:
In order to access the Services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data"), and maintaining and updating your Registration Data as required. The data we collect is subject to our Privacy Policy. We do not sell or share this data with third-parties.
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By utilizing our Services and creating a Marketing Promotion made available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability. You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
For purposes of these Terms of Service, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and the entire contents of Back At You Services are copyrighted as a collective work under the United States copyright laws.
By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Back At You, Inc. and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See "User's Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Back At You, Inc. or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of Back At You, Inc. or its Affiliates.
Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
Designated Agent for Claimed Infringement:
Contact: Copyright Agent
Address: 16501 Ventura Blvd, Suite 400, Los Angeles, CA 91436
Phone: 800-660-7719
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control. Back At You may, from time to time, need to interrupt the service for maintenance and other operational reasons, as determined in its sole discretion, and you shall not receive any compensation or refund for such interruptions, and you hereby release and agree to defend, indemnify, and hold harmless Back At You and it's, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from and against any and all claims, costs (including without limitation attorneys' fees), injuries, losses, or damages arising in connection with such interruptions.
You understand and agree that the Services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
This site (excluding any linked sites) is controlled by us from our offices within California. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of California with respect to such matters.
This site (excluding any linked sites) is controlled by us from our offices within California. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of California with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of the Legal Department at legal@backatyou.com, if by email, or at Back At You, Inc. 16501 Ventura Blvd, Suite 400, Los Angeles, CA 91436 if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.
In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Service to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Service.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
Except as explicitly noted on this site, the services available through this site are offered by Back At You, Inc., a C-Corp, located at 16501 Ventura Blvd, Suite 400, Los Angeles, CA 91436. Our telephone number is 800-660-7719. If you notice that any user is violating these Terms of Service, please contact us at legal@backatyou.com
Back At You charges for its software services. For pricing information please see www.backatyou.com/signup
All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. Except as noted here, all paid subscriptions and charges including Facebook Cover Photo, Coaching, Setup and Ads are nonrefundable after purchase and delivery. An exception we may consider is providing a refund when we've updated your payment information and there are good reasons to believe that you did not intend for an update to be made. In this circumstance, Back At You must be notified within 10 days of billing.
Also, under the laws applicable in your jurisdiction, subscribers may qualify for a refund if requested during a short period of time after the beginning of the subscription. For example, residents of California are entitled to a full refund during the 3 days after the subscription begins.
Please note that this 3 day period commences when the subscription service starts, which is immediately upon signing up with Back At You. The reference above refers to the laws applicable to your jurisdiction.
Note: All of your services expire as soon as your cancellation takes effect at the end of your current billing cycle so make sure the content you personally scheduled is noted elsewhere and all landing pages and links used on your website, newsletters or emails are removed.
The Back At You Site is not designed to collect personal information from those under 13 years of age, and we do not intend to or knowingly collect such information. If you are under 13, you are not permitted to use the Service and should not provide personal information on our Back At You Site.
Companies using the Services may ask you for certain personal information such as an email address when you enter a Company's Marketing Promotion. Providing this information is strictly optional. However, if you choose not to enter the information required by the Company in its Marketing Promotion rules, then you may not be eligible to participate in the Marketing Promotion. Please see each Company's Marketing Promotion rules for entry requirements and other important details.
You acknowledge and agree that Back At You may use any information you provide in a Marketing Promotion entry form available through and/or using the Services, for the purpose of aggregate analysis of the performance of the Marketing Promotions conducted using the Services; to communicate with you (including without limitation by email) about your use, misuse, and/or purchase of its products or services; to assist with legal proceedings if required by any court, law, regulator, and/or law enforcement agency; and, to send you emails about Back At You's products or services, including for example, about other Marketing Promotions available through the Services; and as otherwise permitted in Back At You's Terms of Service and online policies. Additionally, if you add one of our social network applications, you will be agreeing to that social network's policy governing communications with application users. In accordance with such policies, we may contact you from time to time via notifications (or other similar communication methods within social networks) to let you know about Back At You's products or services, including for example, about other Marketing Promotions available through the Services.
Back At You will not use personal information or contact any participants to Entrants of white-label applications that are running via the Back At You technology. All data collection of Companies using white-label services will be owned by the Company. We do, however, from time to time, utilize such data for internal analytics and aggregate analysis.
If you provide personal information when completing the entry form for a Marketing Promotion being run using the Services, both the Company running the Marketing Promotion and Back At You will be able to view that personal data. (Companies may provide your personal information to parties assisting with its Marketing Promotion (e.g., providers of prizes); so please review each Company's Marketing Promotion rules and privacy policy for details.) However, Back At You is not responsible for such Company's use of that personal data, nor any claims or damages that may arise from any such Company's distribution of such personal data to others (e.g., prize providers). You acknowledge and agree that Back At You shall not be liable or responsible for any use of your personal data by any Companies running any Marketing Promotion or any other third party. Please see each Company's Marketing Promotion rules and privacy policy for details on how that Company handles your personal information, including without limitation, information you enter in any Marketing Promotion entry form.
Each Company running a Marketing Promotion using the Services is responsible for providing its own Marketing Promotion rules, terms, and conditions, and ensuring such Marketing Promotion complies with applicable laws, rules, and regulations. A link to the rules and terms and conditions for each Marketing Promotion is provided in the Promotion entry form. You will be required to agree to these rules and terms and conditions before you can enter each Marketing Promotion. It is important that you review those rules, terms, and conditions carefully before consenting to them. You acknowledge that Back At You shall not be responsible or liable for any Company's or other third party's compliance or non-compliance with such rules, terms, and conditions or with applicable laws, rules, or regulations. All such matters are solely between you and the Company offering the applicable Marketing Promotion.
You acknowledge and agree that Back At You's Services merely helps Companies publish their Marketing Promotions and that the Services provides no safeguards that ensure that you operate your Marketing Promotion properly or legally. You further acknowledge and agree that you are responsible for providing Marketing Promotion rules, terms, conditions, privacy policies or statements and ensuring that your Marketing Promotion complies with applicable laws, rules, and regulations. You hereby represent, warrant, and covenant that you will comply with all applicable laws, rules, and regulations in the creation, operation and completion of your Marketing Promotion(s), including without limitation in connection with all advertising and marketing associated with your Marketing Promotion(s). You further represent, warrant, and covenant that you will comply with all statements and promises made to Entrants, except to the extent such statements and promises violate applicable laws, rules, or regulations. You agree to indemnify, defend and hold harmless Back At You and its parent companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all third-party claims, losses, liability, damages and/or costs (including attorneys' fees and costs) arising from your use of the Services, your violation of these Terms of Service or any other agreement between you and Back At You, your actual or alleged violation of any law, rule, or regulation associated with your Promotion(s), and/or infringement by any Entrants in your Marketing Promotion(s), of any intellectual property or other right of any person or entity. Back At You will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost. These Terms of Service will inure to the benefit of Back At You's successors, assigns and licensees.
Facebook requires that Back At You notify you and require you to agree to all of the following terms and conditions in connection with your use of the Facebook platform:
The terms and conditions below describe the terms applicable to your installation and use of certain applications which use the Facebook Platform (as defined below) to access certain information about you that is available from the www.facebook.com website (the "Facebook Site") or to retrieve authorized data from third-party sites for use on the Facebook Site ("Platform Applications").
The "Facebook Platform" is a set of application programming interfaces (APIs) and services provided by Facebook which makes this information available to Platform Applications and allows Facebook and third-party developers ("Developers") to develop new features and applications that we hope will enhance your ability to interact with people in your life in new and interesting ways.
PLEASE NOTE: The Facebook Platform does not give Developers access to your e-mail address, personal website, instant messenger ID, telephone number or street address ("Contact Information"). Facebook will only disclose your Contact Information to third parties in accordance with the Facebook Privacy Policy.
Information That May Be Provided to Developers. In order to allow you to use and participate in Platform Applications created by Developers ("Developer Applications"), Facebook may from time to time provide Developers access to the following information (collectively, the "Facebook Site Information"):