Terms and Conditions
2. Access to this Site: To access this Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time. Your registration information and any associated content will be deleted if we believe that you are less than 13 years of age. We reserve the right to terminate your access to this Site for any reason or no reason at any time without notice.
4. Personal and Non-Commercial Use Limitation: The Site is for your personal and non-commercial use, unless otherwise specified. You may not use this Site for any other purpose, including any commercial purpose, without the express prior written consent of VigeoMedia.
6. Trademarks and Copyrights: Trademarks, service marks, logos, and copyrighted works appearing in this Site are the property of VigeoMedia and/or the vigeoXchange®. VigeoMedia and vigeoXchange® retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this Site. All contents of websites administered by VigeoMedia are: Copyright 2019 VigeoMedia, P.O. Box 580381, Pleasant Prairie, Wisconsin, 53158. All rights reserved.
7. Hyperlinks: This Site may be hyperlinked to other sites which are not maintained by or related to us. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or us. We have not reviewed any or all of such sites and are not responsible for the content of those sites. Hyperlinks are to be accessed at the user's own risk, and we make no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this Site.
B. Representations and Warranties: You represent and warrant that: (1) you own the Submissions Posted by you on or though the Site and/or Services or otherwise have the right to grant the license set forth in this Section, and (2) the Posting of your Submissions on or through the Site and/or Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity, intellectual property rights (including copyrights, trademarks, trade secrets, patents, publicity rights or, to the extent protectable, confidential ideas) or violate U.S. law or is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, defamatory or otherwise objectionable or otherwise Prohibited Material as defined in Section C. You are solely responsible for the Submissions that you Post on or through the Site and/or Services. You agree to pay for all royalties, fees, and other monies owing any person or entity by reason of any Submission Posted by you on or through the Site and/or Services.
C. Policy: It is our policy not to tolerate any acts of intellectual property infringement or violations of U.S. law or to allow Posting of any child pornography, or obscene or defamatory material. You agree that you will not Post in connection with this Site any Prohibited Material. Prohibited Material is material that:
• you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
• advocates illegal activity or discusses an intent to commit an illegal act;
• is vulgar, obscene, pornographic, or indecent;
• does not pertain directly to this Site;
• threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
• seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• harvests or otherwise collects information about others, including e-mail addresses, without their consent;
• violates any law or may be considered to violate any law;
• impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
• falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
• advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/ or soliciting goods or services) except as may be specifically authorized on this Site and/or agreed upon in written contract with VigeoMedia for the purposes of vigeoXchange®;
• solicits funds, advertisers or sponsors;
• includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
• disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
• amounts to a "pyramid" or other like scheme, including contests, chain letters, and surveys;
• disobeys any policy or regulation including any code of conduct or other guidelines, established from time to time regarding use of this Site or any networks connected to this Site; or
D. Removal Right: You expressly agree that we may remove, disable or restrict access to or the availability of any Content or Submission from this Site (including, but not limited to, content which you have Posted or stored) which we believe, in our discretion, to violate the terms of this Agreement (whether or not we are in fact correct in our assessment) or which is the subject of a notification duly sent to us. We also reserve the right at all times to edit, refuse to Post or to remove any information or materials, in whole or in part, in our sole discretion. If you believe that we have acted mistakenly with respect to certain Content or Submissions, you may contact us at firstname.lastname@example.org, in which case we may investigate the matter further. We reserve the right, however, to take no further action. Posting or storing Submissions and Content at this Site is a privilege, not a right. You agree that under no circumstances may we be held liable to you, and we specifically disclaim any liabilities to you, for removing, disabling or restricting access to or the availability of Submissions and/or Content.
E. Procedures: If you believe that someone has Posted Content or material on this Site which violates this policy (other than in cases of copyright infringement, which is addressed in Section 9.F.), we ask you to promptly notify us at email@example.com. You must use this link if you want to ensure that your complaint is actually received by the appropriate person charged with responding to such communications. In order to respond as quickly as possible to any complaint, please provide us with as much detail as possible, including (1) the nature of the right infringed or violated (including the registration number of any registered trademarks or patents allegedly infringed); (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the offending material is located; (4) any grounds to believe that the person who posted the material was not authorized to do so or did not have a valid defense (including defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending material.
F. Digital Millennium Copyright Act Compliance: We respect the intellectual property rights of others and we prohibit users from Posting to or through the Site or Services any materials or Content that violates another party's intellectual property rights. When we receive a proper Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act. If you believe that a work protected by a U.S. copyright which you own has been Posted on our Site without authorization you may send a written notification to our Designated Agent at: Matt Serpe firstname.lastname@example.org. In accordance with the Digital Millennium Copyright Act, and other applicable law, VigeoMedia has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of VigeoMedia, members who are deemed to be repeat infringers. VigeoMedia may also, at its sole discretion, limit access to the Site and/or Services and/or terminate the membership of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
10. Rewards Program
A. Program: Through this Site, and its related mobile and web applications and microsites, VigeoMedia provides access to software and services (collectively the “Program”) that provide cash back opportunities to users and organizations (“Giveback”). Please be aware that participation in the Program and the opportunity to earn cash back are offered at the sole discretion of VigeoMedia.
B. Earning Rewards through Purchases: Users may earn cash back on purchases at participating businesses by presenting an identification code. The Giveback rates or amounts are clearly stated on the Site or related mobile and web applications or microsites. Please note that the purchase amount may or may not exclude taxes, fees, shipping charges, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties. Other Giveback terms and conditions may apply.
C. vigeoOffers®: Higher Giveback rates or other Giveback offers may at times be provided through a marketing distribution system called vigeoOffers®. vigeoOffers® may be accessed electronically through the Program or email. Some vigeoOffers® are mystery offers from participating businesses and are only available while supply lasts at the sole discretion of the participating businesses. Some vigeoOffers® are mystery offers from VigeoMedia and are only available while supply lasts at the sole discretion of VigeoMedia. These mystery offers are randomly selected from the aggregate set of offers available to the user at the time the offer is viewed. These vigeoOffers® may have expiration dates.
D. Cash Back Payments: Cash back amounts may be redeemed as described in the Program. To receive cash back payments, we require your name and mailing address. You agree that VigeoMedia may issue such payments to you through a third party banking service.
E. Sweepstakes and Random Drawings: At certain times Users may be entered to win, or may enter to win, giveaways of certain awards or prizes offered through the Site. Any promotion where the winner of an award or prize is based on a random drawing or chance, then the following terms shall apply: No purchase necessary. To be eligible to win an award or prize based on a random drawing or chance, NO PURCHASE is required to enter or win. To be eligible to enter or win, you must have a valid VigeoMedia account (which may be created at no cost) at the time you enter and at the time a winner is selected and you must follow the rules or instructions for the applicable promotion, which are hereby incorporated in these terms and conditions. The value of the prize will vary. The time of entry and the time of the winner selection will be provided at the time of entry. The chances of winning depend on the total number of entries positioned by VigeoMedia. Winning entries and prizes are not transferable. No prize substitutions are allowed except by VigeoMedia who reserves the right to substitute prizes with prizes of equal or greater value. Prizes cannot be redeemed for cash. Winners will be made aware on the site and/or contacted by VigeoMedia using the email contained in the winner’s VigeoMedia account. To request a list of winners, send a written request along with a self-addressed, stamped envelope within thirty (30) days of the end of the promotion to: PO Box 580381 Pleasant Prairie, WI 53158.
F. Contests: Users may be able to participate in contests (games of skill) offered through the Site to win certain awards or prizes. To be eligible to enter or win, you must have a valid VigeoMedia account (which may be created at no cost) at the time you enter and at the time a winner is selected and you must follow the rules or instructions for the applicable promotion, which are hereby incorporated in these terms and conditions. The value of the prize(s) will vary and will be indicated at the time of entering. The time of entry and the time a winner is selected will be provided at the time of entry. No prize substitutions are allowed except by VigeoMedia who reserves the right to substitute prizes with prizes of equal or greater value. Prizes cannot be redeemed for cash. VigeoMedia is not responsible for late, lost or misdirected entries. Winners will be contacted by VigeoMedia using the email contained in the winner’s VigeoMedia account.
G. Promotion Limitations and Disclaimer: Non-compliance with any of the foregoing and any other condition of any sweepstakes or contest offered through the Site (a “Promotion”) may result in disqualification and forfeiture of the prize. By participating, entrants agree to be bound by these rules and the determinations of VigeoMedia, which shall be final. VigeoMedia, its sponsors, partners and service providers, are not responsible for any technical, mechanical, printing, typographical, human or other error of any kind relating to or in connection with any Promotion, including, without limitation, errors which may occur in the administration of the Promotion, the processing of entries, the announcement of the prize or any Promotion-related materials; or for any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Promotion, incomplete, lost, late, stolen, damaged, inaccurate, illegible, misdirected, garbled, delayed or undelivered entries; or for technical hardware or software malfunctions or failures of any kind, lost, unavailable network connections, or failed, incomplete, garbled or delayed computer transmission, which may limit an individual’s ability to participate. VigeoMedia reserves the right in its sole discretion, to disqualify any entrant or entry that is in violation of these terms or to cancel, suspend or modify the Promotion, and disqualify any implicated entrant(s), (and their entries) if any fraud, virus, actions by entrants, technical or other error or problem of any kind, or any other occurrence corrupts or affects the administration, integrity, security, or proper play of the Promotion, as determined by VigeoMedia in its sole discretion. VigeoMedia reserves the right, in its sole discretion, to disqualify and/or void entries. Any Promotion and these rules shall be governed and enforced pursuant to the laws of Wisconsin, excluding choice of law provisions.
11. Disclaimer: YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. VigeoMedia DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. VigeoMedia DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VigeoMedia DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND VigeoMedia MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT VigeoMedia, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. VigeoMedia MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
12. Limitation on Liability: VigeoMedia, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF VigeoMedia HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF VigeoMedia AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO VigeoMedia FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
C. No Agency Relationship: You agree that no joint venture, partnership, employment, or agency relationship exists between you and VigeoMedia as a result of this Agreement or use of websites administered by VigeoMedia, unless otherwise stated in a written contract between you and VigeoMedia for the sole purposes of maintaining and supporting vigeoXchange®.
E. Admissibility: A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
F. Non-Waiver: The failure of VigeoMedia to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
G. Titles: The section titles are for convenience only and have no legal or contractual effect.
Last Updated: 03/25/2019
1. Collection of Information:
A. Purpose: Users may access limited features of this website without disclosing personal information. In order to further access the Site, users may have to register for an account, which will provide the registrant with further access to the Site.
B. Information Sought During Registration: During the account registration process, you may be asked to submit personal information, including, but not limited to, an active email address and phone number. Demographic information including, but not limited to, birth date, gender, and zip code may also be collected and compiled as aggregate demographic information.
D. Use of Purchase Information: If registered with VigeoMedia websites or vigeoXchange®, you hereby understand that information pertaining to your disclosed purchase amounts will be maintained within the Site for the purposes of revenue generating agreements between businesses and VigeoMedia and cash back for community organizations, schools and users. This is including, but not limited to the date of purchase, purchase amount, location of purchase, and any personal information disclosed in accordance with vigeoXchange® registration. This information is not available to the general public, and access is limited to the registered user, the business at which purchases are made, organizations and affiliations for which you chose to sponsor through use of vigeoXchange®, VigeoMedia staff, and VigeoMedia in the form of statements. By using this site you understand and authorize that your purchase information made in accordance with usage of vigeoXchange® will be shared with the appropriate parties for the purpose of the distribution of generated funds. To facilitate this process, participating businesses agree to fulfill the requirements in their contracts and agreements in a timely manner as outlined in those documents.
2. Use of and Sharing of Information: Except as otherwise stated below, the personal information you provide on this Site will not be shared with any third-parties, although VigeoMedia reserves the right to share such information with its affiliates, subsidiaries, and independent contractors without your permission. VigeoMedia and vigeoXchange® reserve the right to disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on VigeoMedia or vigeoXchange®; (b) protect and defend the rights or property of VigeoMedia and/or vigeoXchange®; and, (c) act under exigent circumstances to protect the personal safety of users of this Site or the public. Links may be provided for you to send email messages to this website or VigeoMedia for your convenience and your email address is used so that this Site or VigeoMedia may reply to your inquiry. Additionally, visited pages may be tracked in order to determine which areas of the website are the most popular. This data may be used to deliver customized content and advertising. Sponsors, Businesses, Affiliations, Organizations and users agree to a non-solicitation clause for all information generated through this Site in that the information submitted on or through this Site may not be collected through any means for the purpose of unrequested contact and solicitation. Aggregate demographic information may be provided to sponsors, businesses or affiliates for their usage, and will include, but may not be limited to, age, gender, and zip code. If registered with VigeoMedia websites or vigeoXchange®, you hereby understand that information, including but not limited to those instances stated in Section 1.D, pertaining to your disclosed purchases will be maintained within the site for the purposes of revenue generating agreements and you understand and authorize that your purchase information made in accordance with the usage of vigeoXchange® will be shared with the appropriate parties as mentioned in Section 1.D for the purpose of the distribution of generated funds. The information provided to Businesses or Sponsors will include, but may not be limited to the date of purchase, your purchase amount, and Affiliations or Organizations based upon that user account. The information provided to the Organizations or Affiliations will include, but may not be limited to, your name and the total amount of money you generated through qualifying purchases made in accordance with vigeoXchange®. For businesses or sponsors registered with vigeoXchange®, the information provided to the Organizations or Affiliations will include, but is not limited to, the name of the business or sponsor and/or the deal, the total cash back sponsorship amount earned by the users at that location and the status of payment. For businesses or sponsors registered with vigeoXchange®, the information provided to the user will include the date of the transaction, their sponsored Organizations or Affiliations, the name of the business or sponsor and/or the deal, the rate and the amount of sponsorship generated through their individual purchases.
3. Information Security: VigeoMedia shall use commercially reasonable efforts to secure the private information you provide. If you choose to create a profile on this Site or if you choose to register for an account, you will be required to select a password. You must keep your password confidential and you must not share this information with anyone. You should always log out of the Site before leaving it to prevent access to your information from subsequent users of that computer.
5. Use of Web Beacons: This website may contain electronic images known as web beacons. Web beacons are used solely to compile aggregated statistics concerning the use of the website. Web beacons collect only a limited set of information including a cookie number, the time and date of a page view and a description of the page on which the web beacon resides.
6. Communities and Forums: Any personally identifiable information or personally sensitive data that you disclose through the communities, forums, message boards, chat rooms or other public online forums hosted on this Site (collectively, “Services”), may be collected and used by others. Caution should be exercised when giving out personal information to others during the use of these Services. You should review the privacy statements of websites you choose to visit via hyperlinks posted on this Site so that you can understand how those websites collect, use and share your information. Neither VigeoMedia nor vigeoXchange® is responsible for the privacy policies or other content on third-party websites accessed through this Site.
7. User Access To and Control of Information: If your email address has changed, you will need to email email@example.com to notify us of that modification. If other personal information has changed, you will need to access your account and update the information in your account. Occasionally, emails concerning website disruptions, new products and other news about products and services may be sent to you. These emails are sent to all account holders and are not subscription-based. Such emails are considered a part of the Service to the users of this website.
8. Children: Protecting the privacy of the very young is especially important. For that reason, information is never collected at this Site from those we actually know are under 13. If you are under age 13, please do not attempt to register for the website or use the Services and do not send any information about yourself to us or this Site. If we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. THE WEBSITE IS A GENERAL AUDIENCE WEBSITE AND DOES NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER THIRTEEN YEARS OF AGE.
10. Unsolicited Email, Spamming & Spoofing: You may not use this Site to transmit unsolicited email. You may not send unsolicited email to this website or to anyone whose email address includes the domain name used on this website. You may not use this domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else or spoof their identity when using this Site. To contact us email firstname.lastname@example.org.
Last Updated: 03/25/2019