The FATBOX Copyright (c) The FATBOX *** END USER LICENSE AGREEMENT ***

 

IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

 

1. USER AGREEMENT 1.1 Use Restrictions You shall use The FATBOX in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of The FATBOX together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited. 1.2 Limitation of Responsibility You will indemnify, hold harmless, and defend The FATBOX, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of The FATBOX Software. In no event (including, without limitation, in the event of negligence) will The FATBOX, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, The FATBOX or the use or inability to use The FATBOX or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence. 2. CONSENT OF USE OF DATA You agree that The FATBOX may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to The FATBOX.The FATBOX may also use this information to provide notices to you which may be of use or interest to you. Terms and Conditions of FATBOX App usage TERMINOLOGY Your access and use of FATBOX (collectively, “FATBOX”, the "App", "Website", "Service" or "Services") is subject to these Terms of Use (the "Agreement" or "Terms"), a legal agreement between FATBOX and you. The terms “FATBOX”, "we," "us," and "our" refer to FATBOX. The term "You", "you" or "your", "Users", "user", refers to the entity or individual who is accessing the Service under this Agreement. “Merchant/s” or “Partner Merchant/s” refers to brands or companies who are in agreement and partnership with FATBOX. “Social Media” refers to Facebook and Twitter where FATBOX is integrated. “Social Media Account/s” refers to the user’s Facebook and Twitter accounts they use to login. “Social Media Facility” refers to the app’s feature where users can share or post FATBOX content (where available) on Facebook timeline and Twitter account. BASIC TERMS OF USAGE You must be 13 years or older to use the Service. You are responsible for any activity (earning and collecting digital points, setting up your Personal Passcode and profile, earning achievements via medals and leadership ranking, downloading and claiming rewards, updating and refreshing the app, inviting and adding friends, viewing other user’s profile, sharing FATBOX contents through Social Media Facility) that occurs under your FATBOX account. You agree to share your activities and transactions as Newsfeeds and Recent Activity feeds with fellow FATBOX users who follow you as their FATBOX friend, Partner Merchants, and/ or other 3rd party companies. You must not obtain points and/or rewards through unauthorized, fraudulent or illegal means. You must provide correct and accurate information in your FATBOX profile. Since FATBOX is integrated with Facebook and Twitter, you must use your own Social Media Accounts to access FATBOX on your own mobile phone. You must claim digital points at the actual date and time of purchase. Else, the Merchant reserves the right to refuse giving out points as they deemed reasonable. You must not post inappropriate and offensive postings via Social Media Facility to the Service. You are responsible for keeping your FATBOX account secured. You must not abuse, harass, threaten, impersonate or intimidate other FATBOX users. You may not use FATBOX for any illegal or unauthorized purpose. You shall abide by all applicable local, national, and international laws and regulations. You are solely responsible for your conduct and any data, comment, information, names, photos, ("Content") that you post, and display on FATBOX. You must not modify, adapt or hack FATBOX or modify another website or mobile app so as to falsely imply that it is associated with FATBOX. You must not access FATBOX's private API by any other means other than the FATBOX mobile application. You must not crawl, scrape, or otherwise cache any Content including but not limited to merchant listings, merchant information, offers and rewards and users information. You must not create or submit unrelated emails to FATBOX. You must not send out any worms or viruses or any code of a destructive nature. You must not, in the use of FATBOX, violate any laws in your jurisdiction (including but not limited to copyright laws). Violation of any of these agreements will result in the termination of your FATBOX account. While FATBOX strictly prohibits such conduct on its app and website, you understand and agree that FATBOX cannot be solely responsible for the Content displayed on the app and the website and you nonetheless may be exposed to such materials and that you use FATBOX at your own risk. GENERAL CONDITIONS We reserve the right to modify, terminate, or discontinue FATBOX for any reason, without notice at any time. We reserve the right to share your activities and transactions with fellow FATBOX users who follow you as their FATBOX friend, Partner Merchants and/ or other 3rd party companies. We reserve the right to invalidate digital points that are earned from technical glitch or error or unusual activity. We reserve the right to invalidate digital points and/or rewards obtained through unauthorized, fraudulent or illegal means as proven by our investigation. We reserve the right to refuse service to anyone for any reason at any time. We will not be held liable should a merchant fail/refuse to honor the reward of a user. We reserve the right to put to “Pending Account” status any user or account that is under our investigation. Merchant reserves the right to decline a user/ account of any FATBOX-related transactions that is under Pending Status. We reserve the right to force forfeiture of any FATBOX account that becomes inactive for more than 12 months, proven of fraud issue, violates trademark, or may mislead merchants and other users. We will not be held liable in case points and/or rewards get "lost" due to users negligence. We may, but have no obligation to, remove Content and FATBOX accounts containing Content and Activity that we determine in our sole discretion are unlawful, offensive, fraud, threatening, libelous, defamatory, obscene or otherwise objectionable or violate any party's intellectual property or these Terms of Use. We reserve the right to reclaim FATBOX accounts on behalf of businesses or individuals that hold legal claim or trademark on those FATBOX accounts. We're not responsible for any third party fees (including, without limitation, Internet, mobile phone, or text messaging fees). The Service makes it possible to post to outside websites images and text through or in connection with the Service. Pages on other websites which display data provided through the Service must provide a link back to FATBOX's App Store or Play Store page or FATBOX's website. If you decide to access outside websites you do so at your own risk. We do not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that we are not liable for any loss or damage that you may suffer by using other websites. CONTENT AND USER ACTIVITY For purposes of these Terms of Use, the term "Content" includes, without limitation, Merchant information, Merchant loyalty program offers, special offers, interactive features such as Play for a Prize, Social Media Facility activities, Merchant terms and conditions of loyalty program, Merchant listings, users social media comments, user profiles, information, photos, data, and any text. The term “Activity” includes, without limitation, user pointing and collecting, app refreshing and updating of version, earning of achievements via medals and leadership circle, inviting and adding of friends, viewing other user’ profile, social media postings, setting up profiles and downloading and claiming of rewards. We own the Content that we created including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, pointing feature, and all other elements and components of FATBOX excluding the content and photos of merchants’ loyalty offers, promos, its mechanics and third-party content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights) associated with our Content on FATBOX, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of FATBOX's Content in whole or in except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and FATBOX's Content are retained by us. You should NOT modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or any of the Content except as expressly authorized by FATBOX. Although the Service is should be available in online and offline mode, there will be occasions when the Service will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of FATBOX. Also, although FATBOX will normally only delete Content or social media postings that violate this Agreement, FATBOX reserves the right to delete any Content or social media postings for any reason, without prior notice. Deleted Content may be stored by FATBOX in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, FATBOX encourages you to maintain your own backup of your own data by refreshing (updating) your FATBOX app. FATBOX will NOT be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any Content. You may request to deactivate your FATBOX account at any time by contacting ........... COMMUNICATION FROM AND OTHER USERS By creating a FATBOX account, you agree to receive certain communications in connection with the Service. For example, you might receive notifications about other Users you added as FATBOX friends, announcements and alerts from FATBOX or Partner Merchants or third party. You also might receive a weekly email related to the Service and its Content. THE FATBOX WEBSITE, APP, SERVICE AND CONTENT ARE PROVIDED "AS-IS" AND FATBOX EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FATBOX CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE FATBOX SERVICES. FATBOX DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY CONTENT ON THE WEBSITE AND APP ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE ,OR THAT THE SERVICE, CONTENT, OR WEBSITE SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL OR DATA FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. IN NO EVENT WILL FATBOX OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, OR ANY OF THE APP AND WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, EVEN IF FATBOX IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FATBOX's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FATBOX FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO FATBOX FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM FATBOX, REGARDLESS OF THE CAUSE OF ACTION. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICES AND THE ACCURACY OR COMPLETENESS OF OUR CONTENT. CERTAIN STATE LAWS DO NOT ALLOW 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 MAY HAVE ADDITIONAL RIGHTS. INDEMNITY You agree to indemnify and hold FATBOX, its merchants, subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, made by any third party due to or arising out of or in connection with any user Activity on FATBOX, your use of FATBOX, your conduct in connection with FATBOX, or with other users of the Service, or any violation of these Terms or of any law or the rights of any third party. MISCELLANEOUS FATBOX shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond FATBOX's reasonable control, including, without limitation, mechanical, electronic and communications failure. These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with FATBOX's prior written consent. FATBOX may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. Any lawsuit arising out of any dispute or discrepancies shall be filed in the courts of Makati City. SUGGESTIONS AND IMPROVEMENTS By providing us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback. YOU ARE RESPONSIBLE FOR ANY CONSEQUENCES OF VIOLATING THESE TERMS You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences (including any loss or damage which FATBOX may suffer) of any such breach. If you have created an Account or contributed Content to FATBOX, you recognize that violation of these Terms may result in termination of your account and loss of access to your Content contributed to FATBOX.