General Terms of Use

 

PLEASE READ THESE GENERAL TERMS OF USE CAREFULLY BEFORE USING THE LOOPZ (SM)  MOBILE APPLICATION(S), SOFTWARE APPLICATION(S), SYSTEM SOFTWARE AND/OR ITS AFFILIATED WEBSITE LOCATED AT HTTPS://LOOPZ.IO (COLLECTIVELY, THE “LOOPZ.IO PLATFORM”). BY VISITING OR USING THE LOOPZ.IO PLATFORM, YOU AGREE TO BE BOUND BY THESE GENERAL TERMS OF USE AND YOU ACKNOWLEDGE THAT THESE TERMS OF USE CONSTITUTE A BINDING CONTRACT BETWEEN YOU AND LOOPZ TECHNOLOGIES, INC. IF YOU DO NOT AGREE TO THESE GENERAL TERMS OF USE, PLEASE DO NOT USE THE LOOPZ.IO PLATFORM.

Welcome to the Loopz.io Platform

Please review the following terms and conditions (“General Terms of Use”) that govern your use of the Loopz.io Platform, which is comprised of certain mobile application(s), software application(s), system software and affiliated website(s) developed, owned and operated by Loopz Technologies, Inc.  

APPLICATION OF THE GENERAL TERMS OF USE

In these General Terms of Use, the terms “we”, “us”, and “our” mean Loopz Technologies, Inc. (the “Company”).  “You” or “your” means anyone who is using the Loopz.io Platform.  “Merchant” means the retail seller that has issued you a prepaid gift card (“Gift Card”) for purchasing the Merchant’s goods and services in connection with which you have established a closed-loop prepaid gift card holder account (“Gift Card Account”) with the Merchant.  In addition to these General Terms of Use, you will be bound by the terms and conditions of the Gift Card Account agreement and any other contract or agreement with the Merchant.

Although you may “bookmark” a particular portion of https://Loopz.io and thereby bypass these General Terms of Use, your use of the Loopz.io Platform still binds you to the terms, conditions, and notices set forth in these General Terms of Use.  The Company reserves the right to revise these General Terms of Use at any time; therefore, you should visit this page periodically to review the terms of your use.  Your continued use of the Loopz.io Platform following any such revision means you agree to abide by such revised General Terms of Use.

Please note that by completing the registration process for an account (“Loopz.io Account”) with us and clicking the “I accept” button and/or by using the Loopz.io Platform, you are agreeing to all of these terms, conditions, and notices without modification and are agreeing to be legally bound by these General Terms of Use.  

During the term that you maintain a Loopz.io Account with us for access to the Loopz.io Platform in connection with your Gift Card Account, you agree to provide us with and maintain a valid email address where we may deliver agreements, notices and disclosures to you and that you will promptly notify us of any change in your email address. You understand that our ability to provide you this information is dependent upon this maintenance of a valid email address as well as your having access to a mobile device or personal computer with an internet browser and access to the internet.

Electronic Communications

You agree that we may provide agreements, notices and disclosures related to the Loopz.io Platform and all other communications to you electronically instead of in paper form. Most communications between the Company and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communications exchanged between you and the Company electronically shall satisfy any legal requirements that such communications be in writing. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such submissions.  Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this Loopz.io Platform, including without limitation the establishment of a Loopz.io Account. 

Errors and Omissions

Occasionally there may be information on the Loopz.io Platform that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice. We apologize for any inconvenience this may cause you.

LOOPZ.IO PLATFORM

The Company is a technology services provider to various retail merchants and provides the Loopz.io Platform for such merchants as well as for the users of the prepaid gift cards issued by such merchants, in order to enable certain online features and functionality for various transactions involving such merchant-issued gift cards.  Currently, the following functions are enabled for the holders of Gift Card Accounts: Checking a card’s balance and transaction history.  Other functions may be added later and the Company may also remove certain functions from the Loopz.io Platform without any advance notice to you.

The Company does not operate any prepaid gift card or other card programs itself but simply provides a technology solution to the Merchants who issue such cards and to their customers, holders of Gift Cards.  You agree and understand that the Company is not an issuer of any Gift Cards you may have purchased from a Merchant, is not the Merchant’s agent or representative and that all aspects of your relations with such Merchant, including without limitation the use of your Gift Cards, are governed by the agreements between yourself and such Merchant.  You do confirm to the Company, however, that you are the lawful owner of your Gift Card(s) and have the right pursuant to your agreement with the respective Merchant(s) to access the Gift Card Account(s) you maintain with the Merchant(s) via the Loopz.io Platform and to engage in the transactions currently enabled for your use by the Company on the Loopz.io Platform.

Use of the Loopz.io Platform Limited to Certain Persons

Use of the Loopz.io Platform is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Loopz.io Platform. In addition, you must be a current owner of a Gift Card issued by a Merchant.  To sign up for a Loopz.io Account, you must provide your full legal name, email address, a password and the Merchant-issued account number(s) for your Gift Card(s). The Company may refuse access to or use of the Loopz.io Platform or any of the Company’s services to anyone at any time, in its sole discretion.

REQUIREMENTS TO USE THE LOOPZ.IO PLATFORM

General Requirements

Use of the Loopz.io Platform requires internet access and certain hardware and software, and may be affected by the performance of these, and other, factors. You agree that these requirements are your responsibility. The Loopz.io Platform is not part of any other product or offering, and no purchase or obtaining of any service or product shall be construed to represent or guarantee you access to the Loopz.io Platform.

At the present time, you may access the Loopz.io Platform only through the Company’s website with such features and functionality as may be enabled by your Merchant(s) through a password-protected log-in page for the limited purpose of managing your Gift Card Accounts, monitoring your Gift Card balances and certain other Company-provided features and functionality in compliance with the rules and procedures established by your Merchant and these General Terms of Use.

The Company does not warrant, represent, or guarantee that its Loopz.io Platform will be available on your mobile device in the future. If it does become available, and you use a mobile device to access the Loopz.io Platform, you are subject to the terms of your agreement with your mobile device manufacturer and carrier. You may incur charges from your mobile carrier for accessing the Loopz.io Platform, which are solely your responsibility.

Who May Use the Loopz.io Platform

The Loopz.io Platform is available for individuals who are at least eighteen (18) years of age. The Loopz.io Platform is available only in the United States, its territories, and possessions. You agree not to use or attempt to use the Loopz.io Platform from outside these locations.

To access the Loopz.io Platform you represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are using the Loopz.io Platform in the United States; (c) you will not transfer your access to the Loopz.io Platform to another person or allow another person to use your Loopz.io Account; (d) you are a current lawful holder of a Gift Card Account with a Merchant which is a customer of the Company and have the right, power, and ability to enter into and perform under this Agreement; (e) the name identified by you when you create your profile is your legal name; (f) any transaction, operation or activity authorized or entered into by you will represent your binding agreement; and (g) you and all transactions, operations and activities initiated by you will comply with all applicable federal, state, and local laws, rules, and regulations, including any applicable tax laws and regulations.

The Company’s Rights

We reserve the right to decline to provide access to or use of the Loopz.io Platform to any person for any or no reason. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Loopz.io Platform. We reserve the right to close your Loopz.io Account or take other appropriate actions if you violate any of these General Terms of Use in whole or part, or engage in any conduct we deem inappropriate.

Interacting with the Company

Your use of the Loopz.io Platform includes the ability to enter into agreements and to make transactions electronically. You acknowledge that either your using the Loopz.io Platform or your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Loopz.io Platform, including notices of cancellation, policies, contracts, and applications. To access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Loopz.io Account and Password

In order to access all the features and services of the Loopz.io Platform, you need a valid user ID and corresponding password. Upon signing up for a Loopz.io Account, you will be required to select a password. Your user ID and password are confidential and must not be distributed or disclosed by you to third parties. If you wish to change your password in the future, you can do so within the Loopz.io Platform by clicking the “Forgot Password” link. You are responsible for maintaining the confidentiality of your Loopz.io Account password. You are responsible for all uses of your Loopz.io Account, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your Loopz.io Account.

Prohibited Activities

You may not use the Loopz.io Platform for any illegal or unlawful purpose.  Transmission, distribution, presentation or storage of any information, data or materials in violation of any applicable law, regulation, ordinance or other rule imposed by any governmental authority, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other proprietary right,  material which infringes a copyright, material that is threatening or obscene, material that is “adult only” content, or material which violates other federal or state laws. Any violation of the terms and conditions set forth in these General Terms of Use entitles the Company to immediately terminate your Loopz.io Account without notice of any kind.

You agree that you will not use or attempt to use another person’s or entity’s account, service or system without authorization from the owner, nor will you interfere with the security of the Loopz.io Platform, system resources or accounts or any network. You may not abuse systems, or make use of the Loopz.io Platform in a way that disrupts the normal use of the Company’s system or services for others. This includes but is not limited to, running excessive numbers of processes, attempting to disrupt the connections or other customers, consuming excessive amounts of CPU time, memory or disk space, or running multiple simultaneous logins.

You may not use this Loopz.io Platform in any manner that could damage, disable, overburden, or impair the Loopz.io Platform or interfere with any other person’s use and enjoyment of the Loopz.io Platform. The foregoing provisions are for the benefit of the Company, its affiliates, its subsidiaries and its third party content providers, licensors and strategic partners, if any, and each shall have the right to enforce certain provisions directly or on its own behalf. Illegal and/or unauthorized uses of this Loopz.io Platform, including, but not limited to, unauthorized framing of or linking to the Loopz.io Platform, or unauthorized use of any robot, spider, or other automated device on the Loopz.io Platform, or any manual process to monitor or copy any portion of the content contained on the Loopz.io Platform, will be investigated and appropriate legal action will be taken, including, without limitation, civil and criminal proceedings, proceedings for restraining orders and injunctions.

Fraud, Abuse and Harm

We may decide not to permit any use of your Loopz.io Account or process any operation or transaction that you submit to us if we believe that the operation or transaction is in violation of any agreement or exposes you, other users, our service providers, the Merchant or the Company to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your Loopz.io Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Loopz.io Account purchases, and any of your activity with law enforcement authorities.

The Company reserves the right to review, postpone, or cancel any transaction you effect on the Loopz.io Platform. Additionally, you represent and warrant that you will not use the Loopz.io Platform, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Loopz.io Platform, and you will not use the Loopz.io Platform for: (1) any illegal activity; (2) adult entertainment oriented products or services, regardless of the manner or form of such products; (3) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries.); (4) internet/mail order/telephone order firearm or weapon sales; (5) internet/mail order/telephone order cigarette or tobacco sales; (6) drug paraphernalia; (7) betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races; (8) infringing the rights or any person or entity, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service-attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods of technology; (9) transmitting, distributing, posting or submitting any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; (10) the distribution of unsolicited commercial email (“spam”) or advertisements; (11) “stalking” or harassing any other user of our products or services or collecting or storing any information about any other user other than for purposes of transacting as a user of the Loopz.io Platform; (12) registering for more than one user account or registering for a user account on behalf of an individual other than yourself; (13) impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity; (14) running automated scripts to collect information or otherwise interact with the Loopz.io Platform; or (15) advocating, encouraging, or assisting any third party in doing any of the foregoing.

Report Fraud

With the ever increasing prevalence of identity theft, credit card fraud and money laundering practices, we need your help in protecting you, other users, the Merchant and the Company against such illegal activities. Should you come across any suspicious websites and/or e-mails that you suspect as being fraudulent, please report them to your Merchant immediately.

VIOLATIONS OF GENERAL TERMS OF USE

The Company may deny you access to the Loopz.io Platform, if in the Company’s sole discretion, you fail to comply with any terms or provisions of these General Terms of Use. If the Company and/or its suppliers, service providers, vendors, customers (including without limitation Merchants), agents or representatives become aware of possible violations, the Company may, in its sole discretion, initiate an investigation, suspend or terminate the Loopz.io Account, remove materials from its server, issue a warning, or take other responsive action. You agree to respond in a timely manner to any complaints.  Nothing contained in these General Terms of Use shall be construed to limit the actions the Company or its suppliers, service providers, vendors, customers, agents or representatives may take or remedies available to it in any way with respect to any prohibited activity or conduct. Certain violations of these General Terms of Use may subject you to criminal and/or civil liability. Non-enforcement of any term of these General Terms of Use does not constitute a waiver of such term, and the Company reserves the right to enforce such term at its sole discretion.

Termination

We may terminate your access to the Loopz.io Platform and modify or close your Loopz.io Account for any reason or no reason at any time with or without notice, and without liability of any kind or nature to you or any third party. We may also suspend your access to the Loopz.io Platform and/or your Loopz.io Account if you (a) have violated the terms or conditions of the Agreement, (b) pose an unacceptable risk to us, (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, or (d) a Merchant has notified us that it has closed, suspended or otherwise restricted your Gift Card Account with the Merchant.

If your Loopz.io Account is terminated for any reason or no reason you agree: (a) to continue to be bound by this Agreement; (b) to immediately stop using the Loopz.io Platform; (c) that we reserve the right, but have no obligation, to delete your information and account data stored on our servers; and (d) that the Company shall not be liable to you or any third party for termination of your access to the Loopz.io Platform or deletion of your information or account data.

You may terminate this Agreement and other agreements by closing your Loopz.io Account at any time. Upon closure of a Loopz.io Account, any pending transactions will be cancelled and your access to the Loopz.io Account will be terminated.

Restricting Access to Account Funds for Investigations

We may restrict access to your Loopz.io Account and your ability to effect transactions in your Loopz.io Account to allow us to investigate the use of your Loopz.io Account, resolve any pending dispute, in response to a request from a Merchant, a court order or if otherwise requested by law enforcement or any governmental entity. We may restrict access to your Loopz.io Account and your ability to effect transactions in your Loopz.io Account for the time that it takes for us to complete any pending investigation or resolve a pending dispute. We also may restrict access to your Loopz.io Account as required by the Merchant, law, regulation, court order, or if otherwise requested by law enforcement or governmental entity.

PURCHASES OF MERCHANT-ISSUED CLOSED LOOP GIFT CARDS

Purchasing a Merchant-Issued Closed Loop Gift Card Account

Merchant-issued closed loop gift card accounts in the form of either physical prepaid gift cards or codes used to access funds in those accounts (“Gift Card Accounts”) may be made available to purchase by individuals over the age of 18 years directly from the merchants offering such Gift Card Accounts and utilizing the Loopz.io Platform as the Company’s customers.  Such merchants retain the sole discretion to refuse to sell Gift Card Accounts to any person for any reason.  The amount of credit as communicated by such merchants to the Company at the time of sale to you shall be deemed the available balance on your Gift Card Account. No refunds will be issued, offered or provided for the purchase of Gift Card Accounts.

Paying for a Purchase from a Merchant

Merchants accept many forms of payment, including U.S. bank-issued credit cards and debit cards. To complete a purchase, you will be asked to provide your billing information.  The Merchant’s payment processor, will charge your form of payment the full balance of your transaction. Billing occurs at the time of, or shortly after, your order submission.

You agree that you will pay for the Gift Card Account(s) you purchase, and that the Merchant(s) may charge your credit card, debit card, or other form of payment for any products purchased and for any additional amounts that may be accrued by or in connection with your Gift Card Account. You are responsible for the timely payment of all fees and for providing the Merchant(s) with a valid form of payment. You represent and warrant that you are authorized to use any credit card, debit card, or other form of payment you provide to pay the purchase price.

No Return of Gift Card Accounts

Gift Card Accounts are non-refundable and non-returnable.

Use of Gift Card Accounts

A Gift Card Account may be used in accordance with the terms and conditions specified by the merchant who issued that Gift Card Account.

Documentation of Transactions

At the time of purchase of a prepaid gift card from a Merchant, you will receive an email receipt for the transaction. Retain the receipt for your records.

Disputes with Merchants

You agree to make a good faith effort to settle all disputes about purchases you make using your Gift Card Account directly with the Merchant who issued your Gift Card Account.

No Company Liability for any Gift Card Account

The Company is not responsible for any value lost from a Gift Card Account subsequent to your purchase from the Merchant.  To reduce the likelihood of such a loss, however, the Company recommends protecting your personal computer and mobile device with an appropriate password. 

Notice of Errors

If you think any information displayed in your Loopz.io Account is wrong or you have a question concerning a Merchant-issued Gift Card Account transaction, contact your Merchant as soon as you can.  The Merchant must hear from you no later than 60 days after the transaction date and you must provide the following information: a) your name and Merchant-issued Gift Card Account number; b) a description of the error or the transaction you are unsure about, and an explanation as to why you believe it is an error or why you need more information c) the dollar amount of the suspected error.

Disclaimer of Liability

You understand and accept that we are acting solely as a technology provider to the participating merchants, including the Merchant, that the Loopz.io Account is separate and distinct from your Merchant-issued Gift Card Account and that the Loopz.io Account is solely for your online or other remote access to your Merchant-issued Gift Card Account on the Loopz.io Platform.  Consequently you hereby agree that all disputes, claims and counterclaims in connection with your Merchant-issued Gift Card Account shall be solely with the Merchant, that you shall not bring any such claims or counterclaims against the Company and that you hereby release the Company from any and all claims and counterclaims relating to your Merchant-issued Gift Card Account.  In providing the Loopz.io Account, we disclaim any duty or responsibility other than those expressly set forth in these General Terms of Use (including but not limited to those in the Disclaimer of Warranties section). Among other things, neither the Company nor the Merchant is liable for the following:

  • If the transaction would exceed the funds available through your selected form of payment;

  • If your connectivity, personal computer, or mobile device is not working properly;

  • If circumstances beyond our control (such as flood or fire or other natural disaster) prevent the transaction despite reasonable precautions that we may have taken;

  • Any issue covered by the Disclaimer of Warranties section of these General Terms of Use; or

  • As otherwise stated in these General Terms of Use or provided by law.

INDEMNIFICATION

You agree to defend, indemnify and hold the Company, its affiliates, officers, directors, members, managers, employees, agents and representatives harmless from and against any and all claims, actions, damages, costs, liabilities, losses and expenses, including attorneys’ fees, arising from or related to your use of the Loopz.io Platform, your Loopz.io Account, your Merchant-issued Gift Card Account or any information you provide to the Company and for breach of these General Terms of Use or any other policy or any agreement with the Company or the Merchant.

DISCLAIMER OF WARRANTIES

YOU ARE USING THE LOOPZ.IO PLATFORM AT YOUR OWN RISK. THE COMPANY PROVIDES THE FUNCTIONALITY OF AND MATERIALS ON THE LOOPZ.IO PLATFORM “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE COMPANY EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THE LOOPZ.IO PLATFORM, ALTHOUGH THE COMPANY MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE.  COMPANY DOES NOT WARRANT THAT ANY PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE LOOPZ.IO PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.  THE LOOPZ.IO PLATFORM AND ITS PRODUCTS AND SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND YOU AGREE THAT COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

IN NO EVENT WILL THE COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE LOOPZ.IO PLATFORM OR THE CONTENT INCLUDED THEREON, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOST, ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE LOOPZ.IO PLATFORM. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE LOOPZ.IO PLATFORM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE LOOPZ.COM PLATFORM, FOR THE SERVICES PROVIDED ON THE LOOPZ.IO PLATFORM OR FOR OTHER INFORMATION PROVIDED TO YOU ON THIS LOOPZ.IO PLATFORM.

VIRUSES

The Company also assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing of the Loopz.io Platform or your downloading of any materials, data, text, images, video or audio from the Loopz.io Platform.

PRIVACY AND SECURITY

The Loopz.io Platform’s Privacy Policy is incorporated by reference into these General Terms of Use.  Please review the Privacy Policy to understand our practices relating to privacy and security that govern use of the Loopz.io Platform.

INTELLECTUAL PROPERTY RIGHTS

Copyrights, Trademarks and Patents

Unless otherwise noted, all materials, including images, illustrations, graphics, logos, button icons, designs, icons, photographs, data (including without limitation data relating to Loopz.io Accounts and Gift Card Accounts), information, audio, video and all other visual, written, or oral information contained on the Loopz.io Platform (collectively the “Content”) is the exclusive property of the Company or its content suppliers and licensors and protected by U.S. and international copyright, patent, trademark, trade secret and other laws. The compilation (meaning the collection, arrangement and assembly) of the Content is also the exclusive property of the Company and protected by U.S. and international laws. All software used on the Loopz.io Platform is the property the Company or its software suppliers and licensors and protected by U.S. and international laws. All trademarks and service marks appearing on the Loopz.io Platform are the property of the respective owners, including the Merchant and third party providers of products and services with links to and from the Loopz.io Platform. .

The Content on the Loopz.io Platform is intended for use, and may be used, solely for personal non-commercial use in connection with your use of the Merchant-issued Gift Cards as an account management tool and informational resource in connection with such Gift Cards or as may be otherwise permitted by your Loopz.io Account and these General Terms of Use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content on the Loopz.io Platform is strictly prohibited. Unless expressly authorized by the Company in writing, you may not use the Content with any product or services not provided by the Company or Merchants, or in any manner that is likely to cause confusion among consumers or that might disparage or discredit the Company or Merchants.  Except as provided herein, you may not use the Content in any way without the express written permission of the Company. The Company neither warrants nor represents that your use of the Content will not infringe on rights of any third party not owned or affiliated with the Company.

You may not download or copy any account information for the benefit of anyone other than the owner of the Gift Card, who must be a registered owner of a Loopz.io Account. You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy the content in an unauthorized manner. You may not engage in practices of “screen scraping”, “database scraping”, or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Loopz.io Platform, in any manner and any quantities not authorized by the Company. 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 the Company or its affiliates without the Company’s prior written consent. You may not use meta tags or any other “hidden text” utilizing the Company’s name, trademarks or service marks without the express written consent of the Company.

Digital Millennium Copyright Act Notices

The Company respects the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our Loopz.io Platform without authorization in a way that constitutes copyright infringement, you may notify us by sending mail to our designated agent:

NAME:

ADDRESS: DMCA Designated Agent

EMAIL: michael@loopz.io

PHONE:

The notice must have the following information, as specified by federal law (Digital Millennium Copyright Act, 17 U.S.C. 512 (c)(3)):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material

  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted

  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

LOOPZ.IO IS NOT A MONEY SERVICES BUSINESS

The Company is not a bank, financial institution or a money services business (“MSB”) and we do not offer banking , financial or MSB services as defined by the United States Department of Treasury. Accordingly, you agree that you will not use the Loopz.io Platform, its products or services or your Gift Card Account primarily for the purpose of transmitting funds.

GOVERNING LAW, ARBITRATION AND JURISDICTION

You recognize that, although the internet can be accessed from anywhere in the world, the Loopz.io Platform is located in the City of New York, State of New York, United States of America, and that when you access the Loopz.io Platform, you are doing so in the City of New York, State of New York, United States of America. These General Terms of Use shall be governed by and construed in accordance with the internal substantive laws of New York, without giving effect to any principles of conflict of law of any jurisdiction. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY A SINGLE ARBITRATOR UNDER THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION, UNLESS SPECIFICALLY AGREED TO BY THE PARTIES. ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATOR SHALL BE DETERMINED JOINTLY BY THE PARTIES WITHIN THIRTY (30) DAYS OF SUBMISSION OF A WRITTEN DEMAND FOR ARBITRATION BY ONE PARTY TO THE OTHER. IN THE EVENT THE PARTIES ARE UNABLE TO AGREE ON AN ARBITRATOR, EACH PARTY SHALL SUBMIT THE NAME OF ONE (1) ARBITRATOR AND THOSE TWO (2) ARBITRATORS SHALL DECIDE UPON A THIRD ARBITRATOR WHO SHALL PRESIDE OVER THE DISPUTE. YOU FURTHER AGREE THAT ANY ARBITRATION ARISING OUT OF OR RELATING TO THESE GENERAL TERMS OF USE OR THE LOOPZ.COM PLATFORM SHALL BE FILED ONLY IN THE NEW YORK COUNTY, NEW YORK, AND YOU HEREBY IRREVOCABLY CONSENT AND SUBMIT TO PERSONAL JURISDICTION AND VENUE IN THE NEW YORK COUNTY, NEW YORK AND WAIVE ANY OBJECTION TO SUCH JURISDICTION AND VENUE. EACH PARTY SHALL BEAR ITS OWN COSTS, INCLUDING ATTORNEYS FEES, ASSOCIATED WITH ARBITRATION.

MISCELLANEOUS

No Assignment; No Third Party Rights

You may not assign your rights or delegate your obligations under these Terms of Use without our prior written consent. Unless expressly provided in these Terms of Use, these Terms of Use are not intended to benefit, nor shall they be deemed to give rise to, any rights in any third party.

Waiver

The waiver by us of a breach of any provision of these General Terms of Use will not be taken or held to be a waiver of the provision itself.

Entire Agreement, Severability

These General Terms of Use constitute the entire agreement between you and the Company with respect to your use of the Loopz.io Platform and your Loopz.io Account and supersedes any other agreement, proposals and communications, written or oral, between the Company and you with respect to the subject matter hereof.  If a court or arbitrator(s) should find that one or more rights or provisions contained herein are invalid, you agree that the remainder of the General Terms of Use shall be enforceable.

Last updated: May 2017