Terms of Service

General

Please note that Valoramás’ Frequently Asked Questions are incorporated in their entirety herein by reference. Please read them in conjunction with these Terms of Service.

The Website at www.valoramas.com and all associated applications, including, but not limited to, computer software designed to help the user to perform singular or multiple related specific tasks, our blogs, notice boards, and reward catalogues (the “Site”), are owned by OneBigTent, LLC (collectively “we,” “us,” “our,” or “OBT”). Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site, and your agreement to be bound by these Terms of Service. By using the Site, you agree to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available on or through the Site.

Our applications and their underlying information and technology may not be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using our applications you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws. All rights to our applications are reserved by us under the copyright laws of the United States.

Becoming a Valoramás Member

To become a Valoramás Member, you must be a United States resident, pay an annual $25.00 membership fee, be at least eighteen years old and agree not to use Valoramás for any illegal or fraudulent activity (“Member”). Please be aware that participation in Valoramás and the opportunity to earn cash back are offered at our sole discretion, and we have the right to change these Terms of Service in whole or in part, at any time, with or without notice.

Intellectual Property Rights

(A) Our Limited License to You.

This Site and all materials contained on it are our property and/or the property of our licensors, and are protected by copyright, trademark, and other intellectual property laws. You may only use this Site and the materials on it as authorized by us. You may not use this Site or the materials on it in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to us or a third-party. We reserve the right, at any time and without notice, to suspend, cancel, or terminate your right to use the Site (or any portion of the Site) for violation (whether repeated or not) of copyrights or any other rights belonging to us or a third-party. Unless authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by e-mail or other electronic means) any material from the Site. You agree not to reverse engineer, decompile, disassemble, or otherwise derive the source code of our applications for any reason. You may not rent, sell, or sublicense our applications without our prior written consent. Information about permission to reproduce or distribute materials from the Site can be obtained by e-mailing webmaster@valoramas.com.

(B) Your License to Us.

By posting or submitting any material (including, without limitation, text, photos, and videos) to the Site, you represent and warrant: (i) that you are the owner of the material, or that the owner of the material has consented to your use; and (ii) that you are eighteen years old or older. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.

When you submit or post material, you grant to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology. This grant shall include the right to exploit any proprietary rights in any such material. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, e-mail address, or Member name, as we deem appropriate.

If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via the Site in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending notice by e-mail to copyright@valoramas.com. Please note that the contact information provided in this paragraph should only be used for reporting suspected copyright infringement. Contact information for other matters is provided elsewhere in these Terms of Service or on the Site.

Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, e-mail address; (4) your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

(D) Restrictions on Linking and Framing.

You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship of your site by us. However, you may not frame or inline link to any of the content of the Site, or incorporate into another Website or some other service any of our material or intellectual property without our written permission. We have no discretion to alter, update, or control the content of a linked site. The fact that we have provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such a site, its owner, or its providers. There are inherent risks in relying upon, using, or retrieving any information found on the Internet, and we urge you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked site.

Confidentiality of User Communications

General

Except as required by law and in accordance with our Privacy Policy, we will maintain the confidentially of all user communications which contain personal user information and which are transmitted directly to us. Posting by a user on any message board or in any chat room will not be protected as confidential and we may use and provide information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) as deemed appropriate by us.

Users should be aware the linked sites may contain confidentiality provisions that differ from the provisions provided herein. We are not responsible for such provisions, and expressly disclaim any and all liability related to such provisions.

Receiving Communications from Valoramás

By signing up for membership at Valoramás, you agree to receive communications that are account and membership related (for example, that we’ve updated cash back in your account), as well as periodic shopping-related communications that highlight special deals that are available exclusively to Valoramás Members. You can opt-out of receiving communications that are not account-related by following the instructions in the communication, such as by clicking unsubscribe and following the instructions in any e-mail that you receive from us. Consistent with applicable law, it may take us up to 30 days to respond to your request. Materials we send you may still include some offers or promotions. Since we need to communicate with you about account information in order to operate our service, you must have a valid functioning e-mail to participate in Valoramás. You cannot unsubscribe from Member account information e-mails.

Your Contact With Advertisers

Your dealings or correspondence with, or participation in promotions of, Advertisers (including participating retailers) found on or through the Site (including, without limitation, payment and delivery of related products or services, and any other terms, conditions, representations or warranties associated with such dealings or correspondence), are solely between you and such Advertisers. We make no representations or warranties with respect to any advertising content of, or any products or services that may be obtained from, such Advertisers. You agree that we will not be responsible or liable with respect to any loss or damage of any kind incurred as a result of: (a) any such dealings or correspondence between you and such Advertisers, (b) content, products or services of such Advertisers, or (c) the presence of such Advertisers on the Site.

Cash Back

Valoramás Members receive many exclusive benefits as part of their membership. One exclusive benefit is the right to purchase products and services through the Valoramás Shopping Mall (“Mall”). Members can shop by clicking any participating retailer’s link in the Mall or by installing the browser-based Valoramás Cash Back Toolbar (“Toolbar”). The Mall and the Toolbar are both licensed from a third-party. The Mall “Terms of Service” can be accessed through a link in the Mall. Also, please see the Valoramás Toolbar End User License Agreement (“EULA“) for the terms governing use of the Toolbar. For a full discussion of cash back, please see our Frequently Asked Questions. Also, more information can be found here on the Toolbar.

The determination of whether or not a purchase made through a participating retailer qualifies for cash back is at our sole discretion. If a member participating retailer fails to report a transaction to us or withholds payment to us for any reason, we reserve the right to cancel the cash back associated with that transaction. If we have any reason to suspect fraudulent activity is associated with your Member account, we reserve the right to delay or withhold payment of cash back. You give us permission to review your Member account with participating retailers in cases where we suspect fraudulent activity. We are not responsible for lost or stolen payments, including gift cards. We are not responsible for payments delivered to the wrong address through no fault of our own or for payment errors made by payment partners like PayPal.

It is your responsibility to check your Member account regularly to ensure that cash back has been properly credited and paid and that your cash back account balance is accurate. If you do not believe that cash back has been correctly credited to your Member account you must contact Member Care within 90 days of the transaction.

We are not responsible for changes to, or discontinuance of, any participating retailer, or for any participating retailers’ withdrawal from our program, or for any effect on accrual of cash back caused by such changes, discontinuance, or withdrawal. We are not responsible for changes to, or discontinuance of, any special offer or coupon code at a participating retailer site.

We reserve the right to store information on a user’s computer in the form of a “cookie” or similar file for purposes of modifying the Site to reflect users’ preferences. If you disable ‘cookies’ on your computer you will not be able to earn cash back as cookies are used to authenticate the user and to be certain cash back is assigned to your account.

Search to Earn

You can make money searching the Web if you have downloaded the Toolbar. For more information on “Search to Earn,” please click here.

During installation, the Toolbar Software may change the default search engine in your browser’s search box, if such a search box exists in your browser. This alteration allows us to track your searches. The default search engine is Yahoo!

Message Boards and Other Interactive Features

This Site may include interactive features, including, but not limited to, message boards, Web logs, e-mail services, and areas that allow uploading of user-generated content. You are responsible for any material that you post on message boards or provide through the Site. We do not control the messages, information, or files that you or others may provide through the Site. This Site shall be used for lawful purposes only; you shall not:

Engage in any conduct that, in our sole judgment, restricts or inhibits any other user from using or enjoying the Site.
Post or transmit any material that violates our rights or the rights of others, including, without limitation, privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights.
Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site.
Use the Site in an unlawful, threatening, or abusive manner, including without limitation, to promote racism, bigotry, hatred, or physical harm of any kind against any group or individual.
Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining, or other illicit means.
Obtain or attempt to obtain any materials or information not intentionally made available through this Site.
Use the Site to post or transmit any vulgar, obscene, or otherwise objectionable information of any kind, including without limitation, any transmissions that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Use the Site to post or transmit any information, software, or other material that contains a virus or other harmful component.
Use the Site to post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or that contains advertising.
Engage in advertising or commercial solicitation of any product or service, or to solicit donations of any kind on the Site, without our written consent.
Gather for marketing purposes any e-mail addresses or other personal information that has been posted by other users of the Site.

We shall have the right, but no obligation, to monitor the content of the message boards or other interactive features to determine compliance with these Terms of Service and any other operating rules we establish. We shall have the right in our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the message boards or other interactive features of the Site. Notwithstanding this right, users shall remain solely responsible for the content of their messages. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement on the message boards or other interactive features of the Site, whether it is provided by us, our employees, or a third-party.

Under no circumstances will we be liable for any loss or damage of any kind caused by reliance on information obtained through postings on the message boards or other interactive features of the Site. We are not responsible for any offensive, defamatory, or obscene posting made on the message boards or other interactive features of the Site. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are inappropriate, objectionable or in violation of these Terms of Service.

We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service, or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others. Neither we nor any third-party content provider shall assume or have any liability for any action or inaction by us or any third-party content provider with respect to any conduct, communication, or posting on the message boards or other interactive features of the Site.

Registration and Passwords

To access certain features of the Site, we may ask you to provide personally identifiable information such as your name, postal and e-mail address. You will provide true, accurate, current, and complete information about yourself for any registration form located on the Site. If we suspect that information you provide is untrue, inaccurate, or incomplete, we may, in our sole discretion, suspend or terminate your Member account and refuse all current or future use of the Site. Our use of any personally identifiable information you provide to us is governed by the terms of our Privacy Policy.

You may need a username and password to use certain features of the Site. By registering on the Site, you agree that you will not (i) select or use a Member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a Member name in violation of the intellectual property rights of any person; or (iv) use a Member name that we, in our sole discretion, deem inappropriate or offensive.

You are responsible for maintaining the confidentiality of the password and Member account, and are responsible for all activities (whether by you or by others) that occur under your password or Member account. You will notify us immediately of any unauthorized use of your password or Member account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorized use of your password or Member account by a third-party.

Use of Directories

The information contained in any directories that may be provided on the Site is provided for visitor information only and is not to be used for marketing or telemarketing applications of any kind. This information may not be copied or redistributed and is provided “as is” without warranty of any kind. Neither we, nor our suppliers, will be liable in any way with regard to such information.

Disclaimers

THE SITE MAY PROVIDE LINKS TO WEBSITES MAINTAINED BY THIRD PARTIES. ANY INFORMATION, PRODUCTS, SOFTWARE, OR SERVICES PROVIDED ON OR THROUGH THIRD-PARTY SITES ARE CONTROLLED BY THE OPERATORS OF SUCH SITES AND NOT BY US OR OUR SUBSIDIARY COMPANIES. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING MESSAGE BOARDS, OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, SUBSCRIBERS, MEMBERS OR OTHER USERS OF THE MESSAGE BOARDS AND THAT THE RISK OF INJURY FROM THE FORGOING RESTS ENTIRELY WITH EACH USER.

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THIS SITE OR THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE SITE OR THIRD-PARTY SITES IS AT THE USER’S OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE.

YOU MUST PROVIDE AND ARE SOLELY RESPONSIBLE FOR ALL HARDWARE AND/OR SOFTWARE NECESSARY TO ACCESS THE SITE. YOU ASSUME THE ENTIRE COST OF AND RESPONSIBILITY FOR ANY DAMAGE TO, AND ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF, THAT HARDWARE AND/OR SOFTWARE.

ANY FINANCIAL INFORMATION THAT MAY BE PROVIDED ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED FOR TRADING OR INVESTING PURPOSES, OR FOR COMMERCIAL USE. YOU ASSUME ANY AND ALL RISK FOR YOUR USE OF FINANCIAL INFORMATION THAT MAY BE PROVIDED ON THE SITE. THE SITE SHOULD NOT BE USED IN ANY HIGH-RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSONS, PROPERTY, ENVIRONMENT, FINANCES, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.

Third-Party Sites

We disclaim any responsibility for the content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the user’s own risk. Certain sections of the Site may provide links to sites of third parties, where you may be able to purchase online many different types of products and services that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of any product or service offered or provided by a third-party. If you make a purchase from a third-party on a site linked to by the Site, the information obtained during your visit to that third-party’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the third-party. A third-party that offers or sells products or services through the Site may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. For more information about a participating retailer, it’s online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that participating retailer’s Website and click on its information links or contact the participating retailer directly. You agree that we are not responsible for any damages of any kind that you incur, and you will not assert any claims against us, arising from your purchase or use of any products or services made available by third parties through the Site. Use of any information on the Site or third-party sites is at the user’s own risk.

Forward Looking Information

Certain information on the Site may contain certain forward-looking statements, which are subject to risks and uncertainties and speak only as of the date on which they are made. The words “believe”, “expect”, “anticipate”, “optimistic”, “intend”, “aim”, “will” or similar expressions are intended to identify forward-looking statements. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date on which they are made. We undertake no obligation to update publicly or revise any forward-looking statements.

Press Releases

All press releases and other materials contained on the Site were, to the best of our knowledge, timely and accurate when issued. However, the passage of time can render information stale, and you should not rely on the continued accuracy of any such material beyond the date of issuance. We have no responsibility to update any information contained in any such material. All viewers should carefully check the dates of issuance of the material contained in the Site.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

(BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT THAT IT CAN BE LIMITED UNDER SUCH STATE LAW.)

IN NO EVENT WILL WE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR RELATED ONLINE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MESSAGE BOARDS OR OTHER INTERACTIVE FEATURES, OR OUT OF THE BREACH OF ANY WARRANTY.

Changes to Terms of Service

We reserve the right to revise these Terms of Service at any time, in which case the revised Terms of Service will appear on the Site. Users are deemed to be apprised of and bound by any changes to these Terms of Service. Continued use of the Site after we post any such changes will constitute your acceptance of the Terms of Service, as modified. We will indicate that changes to these Terms of Service have been made by updating the “effective” date indicated at the top of this document.

Termination

We may, at any time and without notice, suspend, cancel, or terminate your right to use the Site (or any portion of the Site). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Site affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Other Terms

These Terms of Service constitutes the entire agreement between OneBigTent and you with respect to the subject matter contained in these Terms of Service and supersedes all previous and contemporaneous agreements, proposals, and communications, written and/or oral. You also may be subject to additional terms and conditions that may apply when you purchase and/or use the products or services of a third-party that are provided on or through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service shall govern. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any principles of conflicts of law. If any provision of these Terms of Service shall be found unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The foregoing provisions of these Terms of Service are for our benefit and third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.