Terms of Use Agreement. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of HowDidUKnow.com. By using HowDidUKnow.com, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the HowDidUKnow Website) or you are a "Member" (which means that you have registered with HowDidUKnow.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of Services immediately. You must read this Agreement and affirmatively accept its terms if you wish to become a Member.
Services and Content. This Agreement includes HowDidUKnow.com's policy for acceptable use of the Services and Content posted on the HowDidUKnow Website, your rights, obligations and restrictions regarding your use of the Services and HowDidUKnow.com's Privacy Policy. In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are incorporated into this Agreement.
Amendments. HowDidUKnow.com may modify or amend this Agreement from time to time and any modification or amendment shall be effective upon posting by HowDidUKnow.com on the Website. You agree to be bound to any changes to this Agreement when you access the Website after any modification or amendment is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Member Profiles
Content is public. Please choose carefully the information you post on HowDidUKnow.com and that you provide to other Users. You may post only a public profile or you can also post a private profile, collectively referred to as "Profile." A private profile can only be viewed by persons in your network; a public profile may be viewed by anyone. You are solely responsible for the Content posted on both your private and public profiles, and acknowledge and agree that any information you post on your private or public HowDidUKnow.com profiles becomes public information and is not protected by any privacy laws.
Content/Activity Prohibited. Your Profile may not include the following items: any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. The following are examples of the kind of content on profiles that is illegal or prohibited to post on or through HowDidUKnow.com.
1. Content that is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. Content that harasses or advocates harassment of another person;
3. Content that exploits people in a sexual or violent manner;
4. Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. Content that solicits personal information from anyone under 18;
6. Content that promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7. Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music, pictures, or videos or links to pirated music, pictures, and video files;
8. Content that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
9. Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
10. Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
11. Content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
12. Content that includes a photograph of another person that you have posted without that person's consent; or
13. Content that uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile.
Proprietary Rights in Content on HowDidUKnow.com. HowDidUKnow.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the HowDidUKnow.com. After posting your Content to the HowDidUKnow.com, you continue to retain all ownership rights in such Content, to the same extent as before you posted the Content.
License. By accessing HowDidUKnow.com, you agree you are granting HowDidUKnow.com a license to modify any information or Content you post. Without this license, HowDidUKnow.com would be unable to provide the Services. For example, without the right to modify Member Content, HowDidUKnow.com would not be able to digitally compress picture files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, HowDidUKnow.com could not allow Users to view pictures posted or sent by Members. The license you grant to HowDidUKnow.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to HowDidUKnow.com), fully-paid and royalty-free (meaning that HowDidUKnow.com is not required to pay you for the use on the HowDidUKnow.com of the Content that you post), sublicensable (so that HowDidUKnow.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Services), and worldwide (because the Internet and the HowDidUKnow.com are global in reach). This license will terminate at the time you remove your Content from the Website. The license does not grant HowDidUKnow.com the right to sell your Content, nor does the license grant HowDidUKnow.com the right to distribute your Content outside of the Services.
Representations and Warranties. You represent and warrant that: (i) you own the Content posted by you on or through HowDidUKnow.com or otherwise have the right to grant the license set forth above, and (ii) the posting of your Content on or through HowDidUKnow.com does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through HowDidUKnow.com.
Content May Be Rejected. HowDidUKnow.com reserves the right, in its sole discretion, to reject, refuse to post your profile or any message, remove any posting (including private messages) or profile by you, or to restrict, suspend, or terminate your access to all or any part of the Website and Services at any time, for any or no reason, with or without prior notice, and without liability. HowDidUKnow.com reserves the right to investigate and take appropriate legal action against anyone who, in HowDidUKnow.com's sole discretion, violates this Agreement, including without limitation, removing the offending communication from the HowDidUKnow.com website and terminating the membership of violators.
No Responsibility For Content. HowDidUKnow.com assumes no responsibility or liability for material posted by Users or Members, and has no obligation to review or screen postings, messages, or Content provided by other HowDidUKnow.com Users or Members. If at any time HowDidUKnow.com chooses, in its sole discretion, to monitor the Profiles, Content or Services, HowDidUKnow.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
Gift Cards Terms of Sale
· Gift cards purchased at HowDidUKnow.com are redeemable at the merchants listed at the website. They may or may not be used on the websites of HowDidUKnow.com's participating merchants depending on the merchants’ gift card terms.
· Members understand that the recipient of a gift card may choose to decline, exchange for a different merchant gift card or save the dollar value of the gift card in their HowDidUKnow.com profile/account.
· Gift cards and/or customer account values are not redeemable for cash.
· If the amount in your personal profile/account is less than the value of the gift card you want to purchase, your credit card will be charged for the excess amount.
Merchants
· The merchants available at HowDidUKnow.com are subject to change. HowDidUKnow.com makes no guarantee that the merchants will remain the same or that a particular merchant will be available at all times. See the complete list of current merchants atHowDidUKnow.com.
· The Member is subject to the limitations and rules of the merchant whose gift certificate the Member receives. HowDidUKnow.com is not responsible for any restrictions or terms and conditions of any merchant's gift certificate.
· HowDidUKnow.com is not responsible for merchants that are no longer in business or that change their location(s). The merchant locations listed at this site are listed as a guide only andthe Website does not guarantee the accuracy of this information.
· The Website does not assume responsibility or liability for the actions, product, or content of any merchant.
Shipping
· HowDidUKnow.com does not ship to APO/FPO addresses or international addresses other than those in Puerto Rico.
· All orders are subject to a verification process, and any information submitted that does not verify with a customer's financial institution may cause delays.
· HowDidUKnow.com is not responsible for orders that are not received due to the Member inputting incorrect or incomplete delivery information.
Returns and Exchanges. No returns, exchanges, credits or refunds, will be made after a gift card has been sent to the recipient. Prior to the sending of the gift card, the recipient may exchange it for a different gift card, save the dollar value of the gift card in their account, or decline to accept the gift, as described in the Gift Cards Terms of Sale in this Agreement.
Lost or Stolen Gift cards
· HowDidUKnow.com will not replace a gift card that is lost or stolen after it is received at the recipient's address provided by the sender of the gift card.
· If an order has not arrived at the customer's shipping location within 13 days of the shipment date, HowDidUKnow.com may cancel and replace such order, provided the holder submits to HowDidUKnow.com a properly completed Affidavit of Claimant/Lost Certificate within 60 days of the shipment date. Upon receipt of such affidavit and provided a balance remains on the card(s) from such order, HowDidUKnow.com will initiate a review process. The certificate may or may not be replaced, depending upon the outcome of such review. HowDidUKnow.com will not replace any lost or stolen gift cards if the Affidavit of Claimant/Lost Certificate was not received within the 60-day period. To initiate the investigation, the Member should email help@HowDidUKnow.com.
Expiration. Although most gift cards offered on HowDidUKnow.com do not have an expiration date, the Member should view the merchant’s policy on expiration and use of gift cards.
Eligibility. Use of and Membership in the HowDidUKnow.com is void where prohibited. By using HowDidUKnow.com, you represent and warrant that (a) you are 18 years of age or older (b) all registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) your use of the HowDidUKnow.com does not violate any applicable law or regulation.
Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify HowDidUKnow.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Term. This Agreement shall remain in full force and effect while you are a User or Member of HowDidUKnow.com. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. HowDidUKnow.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
Fees. You acknowledge that HowDidUKnow.com reserves the right to charge for the HowDidUKnow.com and to change its fees from time to time in its discretion.
Non-commercial Use by Members. HowDidUKnow.com is for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by HowDidUKnow.com. Illegal and/or unauthorized use of the HowDidUKnow.com, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of HowDidUKnow.com.
Copyright of HowDidUKnow.com. HowDidUKnow.com contains Content of HowDidUKnow.com ("HowDidUKnow.com Content"). HowDidUKnow.com content is protected by copyright, trademark, patent, trade secret and other laws, and HowDidUKnow.com owns and retains all rights in the HowDidUKnow.com Content and the HowDidUKnow.com. HowDidUKnow.com grants you a limited, revocable, nonsublicensable license to reproduce and display the HowDidUKnow.com Content (excluding any software code) solely for your personal use in connection with viewing the HowDidUKnow Website and using the Services.
Content of other Users. HowDidUKnow.com contains Content of Users, Members, and other HowDidUKnow.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through HowDidUKnow.com.
Member Disputes. You are solely responsible for your interactions with other HowDidUKnow.com Members and Users. HowDidUKnow.com reserves the right, but has no obligation, to monitor disputes between you and other Members or Users.
Privacy Policy. Use of the HowDidUKnow.com is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers. HowDidUKnow.com is not responsible for any incorrect or inaccurate Content posted on the HowDidUKnow Website or in connection with the HowDidUKnow.com, whether caused by Users of the HowDidUKnow.com or by any of the equipment or programming associated with or utilized in the HowDidUKnow.com. Profiles created and posted by Members on the Website may contain links to other websites. HowDidUKnow.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by HowDidUKnow.com. Inclusion of any linked website on HowDidUKnow.com does not imply approval or endorsement of the linked website by HowDidUKnow.com. When you access these third-party sites, you do so at your own risk. HowDidUKnow.com takes no responsibility for third party advertisements which are posted on this Website or through HowDidUKnow.com, nor does it take any responsibility for the goods or services provided by its advertisers. HowDidUKnow.com is not responsible for the conduct, whether online or offline, of any User of HowDidUKnow.com. HowDidUKnow.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. HowDidUKnow.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on HowDidUKnow.com or combination thereof, including any injury or damage to Users or Members or to any person's computer related to or resulting from participation or downloading materials in connection with HowDidUKnow.com. Under no circumstances shall HowDidUKnow.com be responsible for any loss or damage, including personal injury or death, resulting from use of HowDidUKnow.com, attendance at a HowDidUKnow.com event, from any Content posted on or through HowDidUKnow.com, or from the conduct of any Users of HowDidUKnow.com, whether online or offline. HowDidUKnow.com services and Website are provided "AS-IS" and as available and HowDidUKnow.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. HowDidUKnow.com cannot guarantee and does not promise any specific results from use of HowDidUKnow.com.
Limitation of Liability. IN NO EVENT SHALL HowDidUKnow.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF HowDidUKnow.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HowDidUKnow.com'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 HowDidUKnow.com FOR THE HowDidUKnow.com DURING THE TERM OF MEMBERSHIP.
U.S. Export Controls. Software available in connection with the HowDidUKnow.com (the "Software") is further subject to United States export controls. No Software may be downloaded from HowDidUKnow.com or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Disputes. If there is any dispute between you and HowDidUKnow.com, (except for disputes solely between Members and Users) you agree that the dispute shall be governed by the laws of the State of Texas, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Texas, City of Austin. Either HowDidUKnow.com or you may request that any dispute between HowDidUKnow.com and you about or involving HowDidUKnow.com be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Austin, TX, USA, provided that the foregoing shall not prevent HowDidUKnow.com from seeking injunctive relief in a court of competent jurisdiction or from filing any other litigation proceeding.
Indemnity. You agree to indemnify and hold HowDidUKnow.com, its subsidiaries, and affiliates, and their respective officers, directors, owners, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of HowDidUKnow.com, any Content, and Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the HowDidUKnow Website or through the HowDidUKnow.com causes HowDidUKnow.com to be liable to another.
Other. This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and HowDidUKnow.com regarding the use of the HowDidUKnow.com. The failure of HowDidUKnow.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. HowDidUKnow.com is a trademark of Lucky Oranges, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
If you believe or become aware of misuse of the Website or Services by any person, please contact
help@HowDidUKnow.com or click on the "Contact Us" link at the bottom of any HowDidUKnow.com page.