Famgrab Terms and Conditions
Thank you for reading the famgrab terms and conditions. Below, is a summary of our terms, conditions and privacy policies. For our complete terms and conditions, please read below and visit our Privacy Statement.
- Your privacy is important to us and we will protect it. We will not share your personal information with anyone other than those listed in our Privacy Statement.
- As a condition of purchase, famgrab requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details.
- By placing an Order, you make an offer to us to purchase products you have selected based on standard famgrab restrictions, Restaurant and merchant-specific restrictions, and on the terms and conditions stated below.
- You are required to create an account in order to purchase any product from our site. This is required so we can provide you with easy access to print your orders, view your past purchases, and modify your preferences.
- Famgrab takes no responsibility for the services or products for which famgrab certificates may be redeemed. Additionally, famgrab makes no warranty to the famgrab End Users for the quality, safety, usability, or other aspect of the product or service for which the famgrab is redeemed. Some services for which famgrab can be redeemed are activities that involve potential bodily harm (such as skydiving, rock climbing, rope courses, etc), and for those activities, famgrab takes no responsibility for the service or activity being offered, and the End User takes responsibility for his or her own actions in utilizing the services for with the famgrab can be redeemed. See Section 8, below, for more information on this limitation of famgrab’s liability.
* If you have any questions about these terms, please feel free to contact famgrab.
Famgrab reserves the right to make any changes to our Terms of Use and/or our Privacy Statement (which is incorporated herein by reference) as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Statement from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Statement and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Statement expressed herein.
By using this site (the “Site”), you (“you” or the “End User”) agree to the terms and conditions that we (“famgrab”) have provided. If you do not wish to agree to these terms and conditions (the “Terms of Use” or “Agreement”), please refrain from using the Site. The terms " famgrab " or "us" or "we" or "our" refers to Vinings Partners LLC, the owner and operator of the Site. The term "you" refers to the person accessing or using the Site or our Services, or the company or organization on whose behalf that person accesses the Site or our Services.
ACCEPTANCE OF TERMS AND CONDITIONS
I. TERMS OF USE
1. General.
This site is an interactive online service operated by Vinings Partners LLC, a Georgia Limited Liability Company, doing business as famgrab (“famgrab” or the “Company”) on the World Wide Web of the Internet (the “Web”), consisting of information services, content and transaction capabilities facilitated through famgrab, affiliates of famgrab and other third parties offering vouchers for sale (“Vouchers”) which may be exchanged for goods/services at Merchants and other third parties.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of famgrab, and famgrab shall not be responsible for any data lost while transmitting information on the Internet. While it is famgrab’s objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of famgrab, access to the Site may be interrupted, suspended or terminated from time to time.
Famgrab shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, famgrab may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
2. Modified Terms.
Famgrab reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Statement as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Statement from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Statement and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon famgrab’s posting thereof. Any use of the Site by End User shall be deemed to constitute acceptance by End User of such modifications.
3. Equipment.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. famgrab shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.
4. End User Conduct.
This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the “Microsites”) are private property. All interactions on this Site and/or the Microsites must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without famgrab’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in famgrab’s exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. End User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with FamGrab.
The foregoing provisions of this Section 4 apply equally to and are for the benefit of famgrab, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. Copyright and Trademarks.
Everything located on or in this Site, including the Microsites, is the exclusive property of Vinings Partners LLC or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF FAMGRAB, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
This Site and any Microsites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. famgrab owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of famgrab or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Microsite otherwise owned or operated in conjunction with famgrab shall not be deemed to be in the public domain but rather the exclusive property of famgrab, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of famgrab unless otherwise stated.
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. famgrab does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site or any Microsite, End User warrants that the owner of such material has expressly granted famgrab the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that End User’s personal use. End User hereby grants famgrab the right to edit, copy, publish and distribute any material made available on this Site or any Microsite by End User.
The foregoing provisions of Section 5 apply equally to and are for the benefit of famgrab, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty and Limitation of Liability.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER’S SOLE RISK. NEITHER FAMGRAB, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY MICROSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT MYDAILYTHREAD IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
IN NO EVENT SHALL FAMGRAB, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE MICROSITES.
IN NO EVENT SHALL FAMGRAB, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR UNINTENDED TYPOGRAPHICAL ERRORS IN ANY CONTENT OR EMAILS CREATED, PRODUCED OR DISTRIBUTED BY MYDAILYTHREAD. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND ANY EMAILS OR OTHER MATERIALS AND PRINTED COLLATERAL CREATED AND DISTRIBUTED BY MYDAILYTHREAD.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER FAMGRAB, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
FAMGRAB IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY MYDAILYTHREAD. MOREOVER, MYDAILYTHREAD RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, FAMGRAB, DEEMS UNSUITABLE.
7. Monitoring.
Famgrab shall have the right, but not the obligation, to monitor the content of the Site and any Microsites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by famgrab, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, FamGrab shall have the right, but not the obligation, to remove any material that famgrab, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. Privacy.
End User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read End User's communications without End User's knowledge. famgrab does not control or endorse the content, messages or information found in any Community, and, therefore, famgrab specifically disclaims any liability concerning the Communities and any actions resulting from End Users participation in any Community, including any objectionable content. Generally, any communication which End User posts to famgrab (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by famgrab as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, End User grants famgrab the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see famgrab’s Privacy Policy.
9. License Grant.
By posting communications on or through this Site or any Microsite, End User shall be deemed to have granted to famgrab a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.
10. Indemnification/Release.
End User agrees to defend, indemnify and hold harmless famgrab, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by End User in connection with the Site or any Microsites.
End User is solely responsible for interactions with Merchants and other users of the Site or Microsites. To the extent permitted under applicable laws, End User hereby releases famgrab from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.
In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
11. Termination.
Famgrab may terminate this Agreement at any time. Without limiting the foregoing, famgrab shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which famgrab, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 2, 4, 5, 6, 9, 10, and 11 will survive termination of this Agreement.
12. Trademarks.
Famgrab is a trademark of Vinings Partners LLC. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on famgrab are the property of their respective owners.
13. Third-Party Content.
famgrab, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, famgrab has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of famgrab. Neither famgrab nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with famgrab. famgrab neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on famgrab by anyone other than authorized famgrab employee spokespersons while acting in official capacities. Under no circumstances will famgrab be liable for any loss or damage caused by an end user’s reliance on information obtained through famgrab. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through famgrab.
Famgrab contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by famgrab of the contents on such third-party sites, and famgrab hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with famgrab expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. famgrab reserves the right to revoke its consent to any link at any time in its sole discretion.
14. Miscellaneous.
This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for famgrab established by famgrab, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
Famgrab 's headquarters are in Atlanta, Georgia. Legal issues arising out of, but not exclusive to the use of, this Site or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of the State of Georgia (exclusive of its rules regarding conflicts of laws). By using this Site, End User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site or any Microsite, shall be finally settled by arbitration in Cobb County, Georgia under the rules of arbitration of the American Arbitration Association.
15. Arbitration.
By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against famgrab arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for End User), or at such other location as may be mutually agreed upon by End User and famgrab; (3) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User’s and/or famgrab’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, famgrab will pay as much of the End User’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor famgrab shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.
II.TERMS OF SALE
All vouchers printed from the Site or any Microsite, or any other website associated with famgrab (hereinafter “Vouchers”) are promotional vouchers that may be purchased from participating merchants (“Merchants”) through famgrab to be used in exchange for goods and services at a discount from their actual cost. By placing an order for a Voucher from a Merchant through famgrab, you make an offer to purchase the Vouchers you have selected on the terms and conditions stated below. For more information about our collection of personal information, please view our Privacy Policy.
FAMGRAB TAKES NO RESPONSIBILITY FOR THE SERVICES OR PRODUCTS FOR WHICH FAMGRAB VOUCHERS MAY BE REDEEMED. FAMGRAB MAKES NO WARRANTY TO THE FAMGRAB END USER FOR THE QUALITY, SAFETY, USABILITY, OR OTHER ASPECT OF THE PRODUCT OR SERVICE FOR WHICH THE VOUCHER IS REDEEMED. SOME SERVICES FOR WHICH THE VOUCHER CAN BE REDEEMED ARE ACTIVITIES THAT INVOLVE POTENTIAL BODILY HARM (SUCH AS SKYDIVING, ETC.), AND FOR THOSE ACTIVITIES, FAMGRAB TAKES NO RESPONSIBILITY FOR THE SERVICE OR ACTIVITY BEING OFFERED, AND THE END USER TAKES RESPONSIBILITY FOR HIS OR HER OWN ACTIONS IN UTILIZING THE SERVICES FOR WHICH THE VOUCHER CAN BE REDEEMED.
WITHOUT LIMITING THE FOREGOING, FAMGRAB IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY OF ITS LICENSORS, LICENSEES, PARTNERS AND/OR VOUCHER PROVIDERS, SUPPLIERS, MARKETING PARTNERS AND THEIR RESPECTIVE PARENTS, SUBSIDARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS AND/OR EMPLOYEES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF YOUR USE OF ANY VOUCHER. FAMGRAB HAS NO LIABILITY AND WILL MAKE NO REFUND FOR SUCH DAMAGES OR EXPENSES.
The Voucher you purchase through famgrab is redeemable for goods or services by the Merchant. The Merchant, not famgrab, is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher you purchase. famgrab sells a Voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.
All users of famgrab must be at least 18 years of age. The Vouchers offered by famgrab are for use and participation by adults only, unless the description of a Voucher specifically permits participation therein by children under the age of 18. A parent or legal guardian must accompany minors in order to redeem any and all Vouchers.
You are required to create an account in order to purchase any product. This is required so we can provide you with easy access to print your orders, view your past purchases, modify your preferences, and to ensure permissible use of the Voucher.
1. Terms and Conditions for Restaurant-Specific Vouchers.
For this section, “Restaurant” shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Vouchers.
- Redemption frequency is determined by Restaurants, and shall be contained in the Voucher offer on the Site.
- Use of Restaurant-Specific Vouchers for alcoholic beverages is at the sole discretion of the Restaurant and is subject to compliance with applicable law.
- It is at the discretion of the restaurant to determine whether famgrab vouchers can be combined with any other restaurant certificates, third party certificates, coupons, or promotions.
- Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
- Valid for dine in only unless otherwise stated.
- The issuing of restaurant credit is at the sole discretion of the Restaurant unless otherwise required by applicable law.
- Neither the seller nor the Restaurant is responsible for lost or stolen Vouchers or restaurant Voucher reference numbers.
- Reproduction, sale or trade of a Restaurant-Specific Voucher is prohibited unless done so in compliance with applicable law.
- Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific Voucher void.
- Void to the extent prohibited by law.
- If you redeem the Voucher for less than its face value, you will only be entitled to a credit or cash from the Restaurant, equal to the difference between the face value and the amount you redeemed, if required by applicable law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $20 for a Voucher which entitles you to purchase $50 of product by February 1, 2010 and you make a purchase for $40 on January 30, 2010, you will only be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed from the Merchant (i.e., $10) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.
- Expires on the date specified on the famgrab Voucher, except where otherwise prohibited by law.
2. Terms and Conditions for Non-Restaurant Merchant Vouchers
- Merchant Voucher may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges.
- Limit one (1) Voucher per redemption. Only one Voucher can be used per order unless otherwise specified by Merchant.
- The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
- Neither the seller nor the Merchant is responsible for lost or stolen Vouchers or Voucher’s reference number.
- Voucher cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
- Reproduction, sale or trade of this Voucher is prohibited unless done so in compliance with applicable law.
- Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void.
- Void to the extent prohibited by law.
- Expires on the date specified on the famgrab Voucher, except where otherwise prohibited by law.
3. Additional Terms and Conditions for All famgrab Vouchers.
All Vouchers shall be subject to the terms and conditions of famgrab and the participating Restaurant or Merchant. The Merchant or Restaurant are the sellers of the goods or services which you are purchasing.
All vouchers printed from the famgrab website or any website associated with famgrab are promotional vouchers that are offered to customers below their face value and shall be subject to the terms and conditions of MyDailyThread and the participating Restaurant or merchant.
The holder and issuer of a Restaurant-Specific Voucher is the restaurant. The holder and issuer of a Merchant Voucher is the merchant. As a holder and issuer of the Voucher, the restaurant or merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the restaurant or the merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers. Restaurant-Specific Vouchers and Merchant Vouchers are redeemable in their entirety only and may not be redeemed incrementally.
