(Last updated: October 26, 2015)
1. Description of Openbucks Service.
The Openbucks Service enables you to use retail gift cards (“Gift Cards”) that you own from participating gift card issuing retailers (“Retailers”) to purchase prepaid access to goods and services from certain online merchants in the Openbucks network (“Openbucks Merchants”), and to redeem this prepaid access for goods and services sold by the corresponding Merchant.
By entering your Gift Card information and clicking “Buy and Pay” within the Openbucks interface, you authorize Openbucks to request, on your behalf, the redemption of your Gift Card at the issuing Retailer in exchange for prepaid access redeemable at the Merchant you have selected.
You also authorize the issuing Retailer to process the redemption of your Gift Card and to debit the amount of your redemption from the balance of the card, and you authorize the Merchant to redeem the prepaid access in exchange for the goods and services you have selected.
2. Eligibility; Registration Information.
Persons under the age of 18 and users previously suspended or removed from the Openbucks Service by Openbucks may not use the Openbucks Service or register as a user with Openbucks. You do not need to register as a user in order to use the Openbucks Service but if you do want to use the Openbucks Service or to register as a user with Openbucks, you may be asked on the Openbucks Site and/or on an Openbucks Merchant user interface on a Merchant website (“Openbucks Merchant Interface”) to provide any or all of the following information in order to process a transaction: personal details including without limitation your legal and current name, home address, phone number, active email address, credit card details, Gift Card details and other requested information. You represent and warrant that the information you provide to us is true, accurate, current, and complete. You agree to keep your information accurate and current at all times.
3. Password; Access
If you register as a user with Openbucks, you will be asked to provide a password and you will be responsible for all activities that occur under your password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify Openbucks of any unauthorized use of your account or any other actual or suspected breach of Openbucks security.
5. Transaction Process.
Once you provide all required information on the Openbucks Merchant Interface, you will receive notice that a payment transaction has been performed or declined. A confirmation that a payment transaction has been performed is NOT an agreement by Openbucks to provide the Openbucks Service. Such confirmation just signifies that Openbucks will process the information provided by you on the Openbucks Merchant Interface. If for technical or legal reasons or any other reason that Openbucks considers valid the Gift Card cannot be processed, then you will be notified as soon as possible. Once a transaction has been processed, you understand and agree with the following:
- If you have any questions or issues about a good or service you have purchased, you should contact the Openbucks Merchant directly. If you have any questions or issues about your Gift Card, you should contact the Retailer directly.
- You agree to pay all charges (including shipping, handling charges and other applicable fees) incurred by your Gift Card or credit card or other payment mechanism at the prices in effect when such charges are incurred. You are responsible for paying any taxes applicable to purchases.
- Orders may be delayed or canceled if Openbucks Corp is not given completely accurate information and/or is unable to contact the person who has placed the order who may or may not be the primary cardholder for the order.
You acknowledge and agree that (i) if Openbucks, an Openbucks Merchant or Retailer, or a payment transaction processor determines not to accept a transaction you initiate through the Openbucks Service, neither Openbucks, the Openbucks Merchant or Retailer or payment transaction processor shall have any liability to you and/or (ii) Openbucks does not have control of or liability for any goods or services purchased from an Openbucks Merchant or the delivery of such goods or services and shall not have any liability to you for any actions taken or charges applied by an Openbucks Merchant with respect to such goods or services or for any failure of delivery of such goods or services. You acknowledge and agree that certain features of the Openbucks Service may sometimes include advertisements and that such advertisements are a necessary part of the Openbucks Service.
All processed purchase transactions are final and cannot be reversed or refunded without the written approval of the Openbucks Merchant, which should be obtained no later than 30 days after the transaction. In case of an approved refund, you should keep your original Gift Card, even if it is empty. If the Merchant has approved a refund, the refund will be done either directly by the Openbucks Merchant or upon instruction by the Merchant by Openbucks on the original Gift Card used for the transaction. If the original Gift Card is lost or inactive, Openbucks may provide you with Openbucks credits (“Openbucks Credits”) in the amount of your purchase. Openbucks Credits can be redeemed for the purchase of applicable products solely at Openbucks Merchants. Openbucks Credits cannot be used to purchase other gift cards and Openbucks Credits cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Unused Openbucks Credits may not be transferred. You will need to be or become a registered Openbucks user in order to receive Openbucks Credits.
It is a violation of law to pay or make a purchase in a false name, with an invalid method of payment or with payment instruments that are not your property or without the proper authorization of its owner. Please be aware that even if you do not give Openbucks your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law. Openbucks Corp. reserves the right to limit your payments, cancel any order, or deactivate any Gift Card that it reasonably believes to be linked to fraudulent or abnormal activities.
8. Fees, Charges, and Payment.
- Openbucks Merchant Fees. You are solely responsible for any and all amounts payable to Openbucks Merchants or other third parties associated with your use of the Openbucks Service, including internet service, equipment costs, taxes, and other fees. You represent and warrant that you have the legal right to use any Gift Cards provided by you and used to initiate any transaction. We may offer you the ability to select to receive certain communications by SMS text messaging, which may incur third party network access and service fees, for which you are solely responsible.
- Gift Card or Credit Card Authorization. When you take any action that has a fee or charge associated with it, such as purchasing a good or service, we obtain an authorization to charge your payment method for the full amount of the applicable fee or charge. Please contact your financial institution or Gift Card issuer to better understand its policies on such matters.
9. Modification of the Terms.
From time to time, we may change, modify, add, or remove portions of the Terms, and reserve the right to do so in our sole discretion. If we modify the Terms, we will make them available through the Openbucks Service and indicate the date of the latest revision. We encourage users to review the Terms periodically for changes. All amended Terms automatically take effect immediately after they are made available through the Openbucks Service, except that (i) disputes between you and Openbucks will be governed by the version of the Terms that was in effect on the date the dispute arose and (ii) if you do not agree with any changes to the Terms, you may terminate these Terms by ceasing use of the Openbucks Service. Your continued use of the Openbucks Service after revised Terms have become effective indicate that you have read, understood and agreed to the current version of the Terms.
10. Prohibited Uses.
- Access to the Openbucks Service in territories where its contents, features, or practices are not permitted, is prohibited. The Openbucks Service is designed for customers in the United States. Those who choose to access the Openbucks Service from other locations do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy.
- Any use of any of the Openbucks Service other than for personal, non-commercial purposes, without explicit written permission from Openbucks, is strictly prohibited. As a condition of your use of the Openbucks Service, you agree not to use the Openbucks Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Openbucks Service in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Openbucks Service.
- You agree that you will not:
- upload or submit copyrighted material you do not own or have the legal right to distribute, display and otherwise make available to others – such as text, pictures, music, or other works;
- use any robot, spider, scraper, or other automated means to access the Openbucks Service for any purpose without our express written permission, or bypass our robot exclusion headers or other measures we may use to prevent or restrict automated or manual access to the Openbucks Service.
- use any technique to avoid or circumvent payment for transactions processed through the Openbucks Service;
- use the Openbucks Service in connection with operating any form of service bureau operation or to perform any commercial transactions, including but not limited to, utilizing the Openbucks Service for non-personal purchases and drop shipment delivery to a third party address different from that of the registered user; and
- use the Openbucks Service for any illegal, unethical, or objectionable purpose as determined by Openbucks in its sole discretion.
We encourage you to provide Openbucks with comments, bug reports, suggestions for modifications, and your thoughts about Openbucks in general (“Feedback”). In return, we shall have the right to use such Feedback in our discretion, including but not limited to the incorporation of such suggested changes into the Openbucks Service and the right to assign, license or otherwise use the Openbucks Service. You hereby grant us a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
By Openbucks. You agree that we, in our sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with us and/or your permission to use the Openbucks Service, and remove and discard all or any part of your account at any time. We may also, in our sole discretion and at any time, discontinue providing access to the Openbucks Service, or any part thereof, with or without notice. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Openbucks Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Openbucks may have at law or in equity.
- By You. You may terminate your account, these Terms and your right to use the Openbucks Service, at any time and for any reason or no reason, by contacting Openbucks customer support at firstname.lastname@example.org.
- Fees. Upon any termination of your account, you will not be entitled to a refund of any fees or other payments made by you to Openbucks or an Openbucks Merchant or Retailer, and you will remain obligated to pay all outstanding fees and charges relating to your use of the Openbucks Service before termination.
- Survival. Sections 8, 11, 12, 13 and 16 through 21 will survive any termination or expiration of these Terms.
13. Ownership; Proprietary Rights.
The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Openbucks Service provided by Openbucks (“Openbucks Materials”) are protected by United States copyright, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Openbucks Materials contained on the Openbucks Service are the copyrighted property of Openbucks or its subsidiaries or affiliated companies and/or third-party licensors, including Openbucks Merchants or Retailers, as applicable. Except as expressly authorized by Openbucks, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Openbucks Materials. The content and information on the Openbucks Merchant Interface or Openbucks Site, as well as the infrastructure used to provide such content and information, is proprietary to Openbucks Corp. and/or its suppliers. Accordingly, as a condition of using the Openbucks Service, you agree not to use the Openbucks Service, Openbucks Merchant Interface or the Openbucks Site or its contents or information for any commercial or non-personal purpose, or for any purpose that is unlawful or prohibited by this agreement.
All trademarks, service marks, and trade names are proprietary to Openbucks or its affiliates and/or third-party trademark owners, including Openbucks Merchants or Retailers as applicable (“Trademarks”). The Trademarks may not be used in connection with any product or service that is not owned by Openbucks or its affiliated third-parties in any manner that is likely to cause confusion with customers users, or in any manner that disparages Openbucks. You do not have a license to use any Trademarks and we will aggressively enforce any intellectual property rights in such Trademarks.
14. License and Access.
Openbucks Corp. hereby grants you a limited, personal, non-transferable and revocable license to access and use the Openbucks Service only as expressly permitted in these Terms. Except for the foregoing, we do not grant you any other rights or license with respect to the Openbucks Materials, Openbucks Service or Openbucks Site; any rights or license not expressly granted herein are reserved. You do not have the right to download (other than page caching) or modify the Openbucks Service, Materials or Site or any portion of them, except with express written consent of Openbucks. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Openbucks without express written consent. You may not use any meta tags or any other “hidden text” utilizing Openbucks’ name or trademarks without the express written consent of Openbucks. Any unauthorized use terminates the permission or license granted by Openbucks.
You agree to provide Openbucks with a non-exclusive license to use or process any data provided by you in order to provide you with the Openbucks Service.
15. Third-Party Sites, Products and Services; Links.
The Openbucks Service may include links to other web sites or services, including websites of Openbucks Merchants or Retailers (“Linked Sites”). Openbucks does not endorse any such Linked Sites or the information, material, products, or services contained on Linked Sites or accessible through Linked Sites. Furthermore, Openbucks makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Openbucks Service are solely between you and such advertiser. YOU AGREE THAT OPENBUCKS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE OPENBUCKS SERVICE.
Except as explicitly stated otherwise, legal notices will be served on Openbucks’ national registered agent or to the email address you provide us during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.
You acknowledge and agree that access to the Internet and other communication media is associated with risks concerning authentication, data security, privacy, availability of services, and reliability of transmission. You agree to bear full and exclusive responsibility arising from such risks and consequences of your usage of the Openbucks Service. Openbucks takes precautionary measures to protect its network against third party access; however, full protection against unauthorized access cannot be guaranteed and we are not responsible for such access.
18. Disclaimers; No Warranties.
THE OPENBUCKS SERVICE AND ALL INFORMATION, GOODS, SERVICES, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN, PURCHASED FROM OR OTHERWISE ACCESSIBLE FROM THE OPENBUCKS SERVICE, ANY OPENBUCKS MERCHANT INTERFACE OR OTHER PLATFORM PROVIDED BY OPENBUCKS ARE PROVIDED “AS IS” AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW. OPENBUCKS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE OPENBUCKS SERVICE AND ALL INFORMATION, GOODS, SERVICES, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN, PURCHASED FROM OR OTHERWISE ACCESSIBLE FROM THE OPENBUCKS SERVICE, ANY OPENBUKS MERCHANT INTERFACE OR OTHER PLATFORM PROVIDED BY OPENBUCKS.
19. Indemnification; Hold Harmless.
YOU AGREE TO INDEMNIFY AND HOLD OPENBUCKS, ITS AFFILIATED COMPANIES, AND ITS SUPPLIERS AND PARTNERS HARMLESS FROM ANY CLAIMS, LOSSES, DAMAGES, LIABILITIES, INCLUDING ATTORNEY’S FEES, ARISING OUT OF YOUR USE OR MISUSE OF THE OPENBUCKS SERVICE, VIOLATION OF THESE TERMS, VIOLATION OF THE RIGHTS OF ANY PERSON OR ENTITY, OR ANY BREACH OF THE REPRESENTATIONS, WARRANTIES, AND COVENANTS YOU MAKE HEREIN. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS.
20. Limitation of Liability and Damages.
- Limitation on Type of Liability. IN NO EVENT SHALL OPENBUCKS OR ANY OF ITS AFFILIATES, MERCHANTS, RETAILERS, GIFT CARD ISSUERS, THIRD PARTY PAYMENT PROCESSORS, OR CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL, CONSEQUENTIAL, LIQUIDATED, PUNITIVE OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, PROFITS, BUSINESS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE OPENBUCKS SERVICE, EVEN IF OPENBUCKS HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE.
- Limitation on Amount of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR LIABILITY TO YOU FOR ANY REASON WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNTS PAID BY YOU TO OPENBUCKS IN THE 12 MONTHS PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, OR $1000.00 (ONE THOUSAND U.S. DOLLARS). CERTAIN JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY OR DAMAGES, IN WHICH CASE OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
21. General Legal Terms
When you use the Openbucks Services, you may (as a result of, or through your use of the Openbucks Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
The Terms constitute the whole legal agreement between you and Openbucks and govern your use of the Services (but excluding any services which Openbucks may provide to you under a separate written agreement), and completely replace any prior agreements between you and Openbucks in relation to the Openbucks Services.
You agree that if Openbucks does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Openbucks has the benefit of under any applicable law), this will not be taken to be a formal waiver of Openbucks’ rights and that those rights or remedies will still be available to Openbucks.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The Terms, and your relationship with Openbucks under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Openbucks agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Openbucks shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. The UN Convention on the International Sale of Goods shall not apply. A party seeking enforcement will be entitled to an award of all costs, fees and expenses, including reasonable attorney’s fees, to be paid by the party against whom enforcement is ordered.
The contract between you and Openbucks is binding on the parties and on their respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any contract formed under these Terms or any of their rights or obligations without Openbucks’ prior written consent.
These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof.
The Openbucks Service is offered by Openbucks Corp. If you have any questions about these Terms or the Openbucks Service that are not answered on the Openbucks Site, please contact us at:
440 N. Wolfe Rd. #3036
Sunnyvale CA, 94085
Email: [email protected]
If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.