Really important contextual language (Boiler Plate)
Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” means these Terms of Service;
“App” refers to our mobile software application, which provides Users with access to Slingr;
“Receiver” refers to a person who uses our Service to receive a gift from a Sender;
“Sender” refers to a person who uses our Service to send a gift to a Receiver;
“Service” refers to the services that we provide through our Site and App, including our gift sending services, our Site itself, and our App itself;
“Site” refers to our website, www.slingr.net;
“Slingr” refers to our company, known as
“Slingr, Inc.”; our Site: our Service; or a combination of all or some of the preceding definitions, depending on the context of the word;
“User” refers to Receivers, Senders, general visitors to Slingr’s Site, and users of Slingr’s App;
“Venue” refers to a location where a Receiver may receive gifts from a Sender;
“You” refers to you, the person who is entering into this Agreement with Slingr.
For greater certainty, and without limiting the generality of the foregoing, a User may be a Receiver, a Sender, both, or neither.
How it works: Basically, you check in and forget about it, then awesomeness happens without you knowing, and then something delicious shows up with a note saying who sent it.
Slingr uses a proprietary software platform to power “Location-Based Social Gifting”— a term we coined for a
type of social commerce in which Receivers at Venues check in and receive direct delivery of items the Venue
offers ordered, usually remotely, by friends, family, followers, and other connections on social networks.
Items ordered through Slingr are delivered directly to the Receiver by the Venue staff.
Slingr functions as follows:
1. A Receiver checks in to a participating Venue.
2. Slingr posts the Receiver’s check in information to social networks selected by the Receiver (Facebook, Twitter, LinkedIn, etc.) along with offering for manual sharing an individual link tied to the Receiver’s check in. Depending on their settings, Senders using Slingr’s mobile app who are connected to the Receiver may also receive a notification of the check in, be able to see the check in as part of a feed of check ins, or both.
3. One or more Senders engage the link (or engage the Receiver’s check in in-App) and are taken to a dynamically generated ordering interface which loads the Receiver’s check in information (name, mood, recent activity on Slingr, etc.), a menu of items available to be purchased, and supporting graphical elements.
4. One or more of the Senders select an item, optionally write a note, choose a tip level, and “Sling,” which prompts the system to route an order request(s) to the Venue staff for an accept/reject decision. Upon acceptance of an order, Venue staff prepares the order and delivers directly to the Receiver.
Acceptance by venue staff also triggers collection of funds from the corresponding sender, which are pre-authorized as part of the process of Slinging. Slingr collects the funds on behalf of the Venue and distributes them (including sequestered tips, if applicable) to the Venue, less merchant services fees. In a rejection scenario, funds are not captured and the authorization is allowed to expire.
Note: Slingr’s order request routing system manages all users simultaneously. In certain situations, order requests may be routed to venues in a different sequence than they were received. Additionally, since venues ultimately control the flow of orders to users, users may receive delivery some orders out of sequence or not at all.
Sadly, we can’t allow everyone to use Slingr. You have to be at least 18 years old (21 if there’s alcohol involved), you have to be in a place where using Slingr is legal, and you have to give us enough info to get our job done. And that ain’t all…
In order to use our Service, you must meet a number of conditions, including but not limited to:
- • You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Slingr, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
- • You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age. If you are purchasing or receiving alcohol, you must be at least 21 years of age.
- • You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
We have no control whatsoever over what our member venues do. Sometimes things get cray cray and there’s legally nothing we can do. If you have an issue with something that happened at a venue, you can ask us about it, but we can’t be held liable at the end of the day.
Slingr permits Users to purchase and receive items from Venues, but we have no control over Venues directly, including any powers which would permit us to exercise quality control or enforce contracts. You agree that any actions arising from tort, breach of contract, or otherwise, which are caused by a Venue (including issues surrounding product liability and breach of warranty) shall not name Slingr as a defendant, and that you release Slingr from any liability for any personal injury, loss of life, financial loss, or any other damages.
These are the rules, you should read them…seriously…stop reading this…Look. Over. There.
The abovementioned rules for joining our Service are only initial eligibility criteria. In addition to those rules, our Rules of Use state that you must not:
- • Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
- • Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Slingr or its delegates.
- • Launder money through our Service.
- • Purchase alcohol or other restricted goods for minors.
- • Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- • Conduct chargebacks or engage in other fraudulent methods of obtaining free goods or services. Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Slingr Site, Service, or its Users’ computers.
- • Do anything else which could bring Slingr into disrepute, or which violates the rights of any person.
- • We reserve the right to edit or delete anything posted to our Site or elsewhere, including but not limited to forums, which violates these Rules of Use or any other part of this Agreement or any applicable law.
We don’t mess around when it comes to money. You can pay through our third party Credit Card service or PayPal. If your payment data is stored, it is stored by them, not us. We deal in US dollars and don’t guarantee jack, but we’ll try to make things it right if we decide we messed up.
Payments may be made by means of credit card or PayPal. When paying by credit card, you may do so either
through our Authorize.net gateway or through PayPal. Any credit card information will be stored by one of
these third party providers and not Slingr.
Unless otherwise stated, all prices are listed in United States dollars. All payment terms posted on our Site or listed through our App are hereby incorporated into this Agreement by reference.
Refunds are assessed on a case-by-case basis, and we make no guarantees that we will issue them. If you believe you deserve a refund, please contact us at email@example.com and we may decide to exercise our discretion in processing a refund.
If you are using our App, you are using it on a very limited basis. It’s not like you made it man, that is totally our software. We giveth a limited license and we can taketh away for any reason.
When downloading our App, you are being granted a license to install one copy of our software on your mobile device for the price listed. This license may be revoked at any time for any reason, including but not limited to cessation of business operations, merger, split, legislative or regulatory changes, or your violation of this Agreement or any legal requirement.
Servers go down sometimes. When they do it’s the worst day ever over here, many bricks are shat while we figure it out, and we can’t be worried about being liable for your stuff too. Just be glad they are up most of the time. We certainly are.
At times, our servers may go offline and become unavailable due to security issues, technical maintenance, legal requirements, network failures, or any other reason. You agree that we are not liable for any losses incurred by you as a result of such downtime, even if we are aware in advance that it will occur and do not inform you, though we will endeavor to inform you in advance when possible.
The Slingr App is a normal App that is going to use your data connection like every other “cloud” App in the world and sometimes we send SMS messages when you ask us to. Whatever carrier costs you rack up are totally on you.
When using our App, you may incur data or other charges. You may opt in or out of SMS notifications that we send, and you may incur a charge for receiving such notifications. You agree that you are solely responsible for paying such charges, and release Slingr from any liability in relation to the charges. You should contact your mobile carrier if you have any questions about such billing.
We have the right to give discounts on our service (not on items, on the service). If we do it’s usually to our moms and people like that. If we give you a discount, or say we will, and we have to take it back, that’s totally legit.
Slingr may, but is not obligated to, provide discounts to Users. Slingr may refuse to provide such discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or any other reason.
That’s right, “Slings” are actually hyper-dynamic fully-transferable online voucher redemption requests that we transmit through the universe at near light speed. We technically hold on to them for a bit while we are routing, but don’t get hung up on that. We are not a bank, we are a baller-status software platform with a really cool App. Don’t confuse the ability we have to pause or store voucher transmissions with banking.
Slingr may store the value of an item which can be redeemed at a future date when accepted by a Venue. The
storing of the right to obtain, when accepted, an item should not be construed as a deposit, but rather as
an online voucher. Such items which may redeemable in the future, and the payments from which they are
derived, are not deposits insured by the Federal Deposit Insurance Corporation or any other entity, nor is
Slingr a bank or other financial institution.
Slingr may place a hold on any items that you might otherwise be permitted to redeem as a matter of routine, or in circumstances where it believes that there is a high risk involved of fraud, money laundering, or other unlawful activity.
Just in case you missed it the first time, we don’t mess around with money.
Where a Sender provides payment to Slingr through PayPal or Authorize.net, and that amount of money is subsequently taken from Slingr due to a chargeback, credit card cancellation, PayPal dispute, or other action that is the fault of the Sender, Slingr is entitled to recover that amount from the Sender. Slingr shall also be entitled to all of its reasonable attorneys’ fees, collection agency fees, court costs, and disbursements incurred in enforcing its rights under this section. You may, of course, bring any disputes against us in accordance with our “Forum of Dispute” section found further below.
Be cool. Don’t copy any of the stuff on our site without getting the OK from us in writing first.
Slingr relies heavily on the content on its Site and provided through its App, including profiles submitted by Users and third party descriptions of Venues, to distinguish itself from other competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, including content which we may not necessarily own but which has been licensed to us, without receiving our prior written permission.
If you submit content to us, you might as well be sending us a letter that says “I own this stuff, and you can use it all you want because I love you.” That being said, we’re probably not going to do anything weird with your stuff, we just need blanket rights in order to display it to your friends without having to think twice.
Slingr must be assured that it has the right to use the content that is sent to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting content to our Site or through our App, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.
Good grief, this copyright stuff goes on forever!
“Slingr” and “Location-Based Social Gifting” are trademarks used by us, Slingr, Inc., to uniquely identify our Service and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Service or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own similar business.
OK, now guess what this paragraph is about…if you guessed more IP law, you’re right again!
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
Once more, this time with FEELING!
Users must not post any content that infringes on anyone’s copyright, but it may happen. We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:
- • Your name.
- • The name of the party whose copyright has been infringed, if different from your name.
- • The name and description of the work that is being infringed.
- • The location on our website of the infringing copy.
- • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use. You must sign this notification and send it to our Copyright Agent at:
9753 Via Roma
Burbank, CA 91504
Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.
If you see anything heinous on our Site, let us know.
Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act—creates a defense for us for the actions of third parties in regards to any defamatory content posted on our Site. Although we are not liable for defamatory words posted on our website by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at firstname.lastname@example.org if any of our Users have posted anything that you believe is defamatory.
Slingr’s Representations & Warranties (OR RATHER THE LACK THEREOF! IN ALL CAPS!! GO!!!)
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY
PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU
IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO,
FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS
RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE
LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE OF A VENUE TO DELIVER GOODS OR SERVICES AS PROMISED. YOU AGREE THAT YOU WILL PURSUE ANY LEGAL ACTION FOR SUCH BREACHES OF CONTRACT OR TORTS WITHOUT NAMING SLINGR AS A DEFENDANT IN SUCH ACTIONS.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND PAYPAL, OR AUTHORIZE.NET, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
Long story short, legal “ish” ain’t goin’ down…
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Service or acceptance of the offers provided in relation to it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
…but if it is goin’ down, it’s goin’ down in Cali…
This Agreement shall be governed by the laws in force in the State of California. The offer and acceptance of this contract are deemed to have occurred in the State of California.
…in the lowest court possible (like a pre-school tribunal)…
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of
competent jurisdiction in the State of California. Specifically, where the subject matter of a dispute is
eligible for it, you agree that any disputes shall be heard solely within the small claims courts of the
State of California (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
If you would otherwise be eligible to bring an action in the Small Claims Court, but cannot because you have initiated two actions in the Small Claims Court in the same year, you agree that you will bring the dispute in the next highest court and claim no more than the maximum damages that you would have claimed in the Small Claims Court, and that you will be responsible for paying Slingr any attorneys’ fees, court costs, and disbursements that it would not have incurred had you brought the action in the Small Claims Court. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
…and not for any weird reason.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Now read one last big block of text…
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision
of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been
entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Slingr shall have the sole right to elect which provision remains in force.
Slingr reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page. You must read this page each time you use our Service, and your continued use of our Service constitutes your acceptance of any such amendments.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Slingr must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most up-to-date contact information, please send a request to email@example.com.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
…And have a nice day. :)
Last Modified: August 12, 2013