Shopkick Program Terms of Service
In this document, we provide our Terms of Service (“Terms” or “Agreement”) that you must read and accept before using, accessing, or interacting with the Shopkick Program. These Terms apply to Users visiting or registering on or after February 14, 2018. For existing Shopkick users, these Terms will become effective on March 15, 2018.
The Shopkick Program
Your Shopkick Account
To access and use the shopkick Program, you have to create an account with us (“Account”). Upon creating an account, we may ask you for information, such as your name, email address (or Facebook credentials), telephone number, etc., so we can administer and customize your experience with the shopkick Program, and allow you to redeem shopkick points (“kicks”). You agree that the information you provide us will be true, accurate, current and complete. We also request that you create a password for your Account. You agree not to disclose your password to anyone else, and you also agree you will be solely responsible for any activities or actions taken under your Account, whether or not authorized by you.
Please notify us immediately of any unauthorized use of your password or Account. We are not liable for any loss or damage from your failure to comply with these requirements. To create an Account and participate in the shopkick Program, you must be a legal resident of the 50 United States (or the District of Columbia) who is at least 14 years of age or older at the time of registration. If you are younger than 18 years old, you need your parents’ consent because whenever a minor uses the shopkick Program, the parent or guardian of that minor will be held responsible for the minor’s actions.
Your Permission to Use the Shopkick Program
Subject to your compliance with these Terms, you get to enjoy the shopkick Program and earn rewards anytime and anyplace (legally, this is a limited, non-exclusive, non-transferable, revocable license to download and install one (1) copy of the Application to your supported device, and access and use the shopkick Program, solely for your own personal and non-commercial use. You may not: (i) copy, modify or distribute the Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Application, Website, or Services to anyone else; (iii) reverse-engineer, decompile or create derivative works of the Application, Website, or the Services; (iv) make the functionality of the shopkick Program available to multiple Users through any means; (v) use multiple accounts, per individual User, per one device; (v) use the shopkick Program in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms; or (vi) use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the shopkick Program, except as expressly permitted in the Terms. No other licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by shopkick or its licensors
Earning Kicks, Awards, and Rewards
We offer different ways for you to earn kicks, which include:
- Kicks for Online Purchases
- Kicks for Purchases
- Kicks for Receipts
- Kicks for Scans Kicks for Walk-ins
Shopkick ‘kicks’ are similar to reward points. You may earn kicks and other awards in a variety of ways as specified by shopkick, such as: walking into physical stores, scanning certain items while physically in a store (or as requested by shopkick), scanning purchase receipts, making purchases, and other ways as indicated within the shopkick Program. Shopkick reserves the right to change, add or remove any award types, and the methods by which members can earn and redeem kicks or other awards, for any reason and without notice to you, in its sole discretion and at any time.
All kicks, under all programs are rewarded on a “first come, first served” basis. Also, there are often limits on many times you can be eligible for kicks in various time periods (a day, a week, a month, etc.) for each action, and for each program (e.g. limits on how many times you may walk-in or scan a product). Eligibility requirements for all programs may change without prior warning. Be sure to check the Application, or relevant pages within the shopkick Program for the most up-to-date information. Shopkick will not be liable for a failure to award kicks or other under any circumstance, for any reason, including due to errors in your mobile device or mobile network, failing to complete the actions, failure to follow the stated directions, due to the inaccuracy or illegibility of the receipt submitted.
Shopkick cannot guarantee participating products will always be available for purchase at the published locations (e.g. a vendor may pull products from its shelves, a product may be out of stock, etc.), or that eligibility dates will not change without prior warning, and thus shopkick disclaims all responsibility for any failure to award kicks. We are not liable for a failure to award kicks. By participating in the Shopkick Program, you agree shopkick is under no obligation to notify you if there are no longer available kicks.
Kicks for Online Purchases
Our online features within the Shopkick Program allow you to earn kicks from making online purchases at specified merchant websites as displayed within the shopkick Program. By using shopkick’s online-purchases feature within the shopkick Program, you will agree to terms and conditions of each applicable participating merchant, Card processor, Card network and/or Card issuer (collectively, “Processors”), in addition, you also agree to our terms within the shopkick Program for the applicable Processors, and our Terms as detailed herein. If you do not agree to all of the applicable Processors’ terms and conditions, then you may not use our online-purchases feature or earn kicks from this feature.
From time to time, there will be circumstances where shopkick does not receive valid, complete and/or otherwise sufficient data relating to transactions from online-purchases. Online-purchases transactions will be handled by the applicable Processors rather than shopkick. Under no circumstances will shopkick be responsible for Processors’ errors, omissions, negligence, reckless or intentional acts, privacy or publicity rights violations, and/or security breaches, including with respect to any notification obligations related thereto. Certain online-purchase transactions, or portions thereof, may not be eligible to receive kicks, including, but not limited to, clearance items, gift cards, tax, and/or shipping & handling fees. At shopkick’s sole discretion, entire online-purchases transactions may be determined to be ineligible for kicks, or only eligible for award of partial kicks credit.
Awards from online-purchases may not be awarded or used until a certain time period has expired (for example, for returns associated with that participating merchant). Typically, this is between 30 and 45 days, but it could be longer, as indicated in the “Kicks Activity” section of the Application and shopkick Program. If you make a return, the transaction is invalidated, disputed, or does not settle for any reason, then some or all pending kicks will be decremented from your Account, as determined and at the sole discretion of shopkick. If you make a return for cash, store credit or credit to a different credit card, we will still need to take away some or all of your pending kicks accordingly. Regardless of our online-purchases offerings, shopkick shall not be responsible for any online shopping transactions that you make, or attempt to make, using the online-purchases capability of the shopkick Program. For any questions or issues with any such online transaction, please contact the participating merchant, Processors, and/or your Card issuer directly.
Kicks for Purchases
- that certain transaction information from your associated Card can be shared with shopkick; and
- the specific terms and conditions of the other Card network or issuer, as applicable.
- enable your participation in Kicks for Purchases;
- enable offers for included merchants;
- share return information received from included merchants;
- enable shopkick to validate offer and kicks eligibility;
- award kicks;
- show you your kicks history in the shopkick Program; and provide aggregated and anonymized reporting to the included merchants, and for no other purpose.
The Card network or issuer will register your Card on shopkick’s behalf and will provide a non-Card number identifier to shopkick that relates to your associated Card. Card networks and issuers’ only role(s) in Kicks for Purchases is to provide data from your associated Card to enable your participation in Kicks for Purchases program.
You may only associate a Card with your Account if you are a registered User of the Application or shopkick Program, who has also verified a phone number associated with your Account. We will only award you kicks for qualifying purchases that are not returned. Qualifying purchases are those made with a Card(s) linked within the Application or shopkick Program that do not use a Personal Identification Number (PIN), and such purchases are made from stores included in the Kicks for Purchases program, and your purchases meet or exceed the purchase amount listed within the Application or shopkick Program for the specified store, your purchases are not held in default or deemed fraudulent, and fully comply with the shopkick Rules. Please see the stores listed in the Application or shopkick Program for more information.
Card Awards may not be awarded or redeemed until a certain time period (for example, for returns associated with that merchant) has passed. Typically, this time period is between 30 and 45 days, but it could be longer, as indicated in the “Kicks Activity” section of the Application. If you make a return, the transaction is invalidated, disputed, or does not settle for any reason, then some or all pending kicks will be decremented from your Account, as determined and at the sole discretion of shopkick. If you make a return for cash, store credit, or credit to a different credit card, we will take away some or all of your pending kicks accordingly. You may remove your Card from the Kicks for Purchases program (e.g. unlink) at any time through the Application; however the Card network or issuer may still continue to deliver shopkick information about your returns at included merchants for a limited period of time after the Card association has been removed to use solely for the above purposes.
Only the Card network or issuer that is operating or approving the secure site is responsible for any errors or mistakes associated with that secure site. Shopkick does not store your Card number and hence, is not responsible for any liability relating to the secure site or any liability therefrom. In addition, we, the Card networks and issuers, are not in any way liable for your use of the Card at an included merchant, any issues you might have with the included merchant or the Card issuer, or any returns or attempted returns at the included merchant. Unfortunately, we, the Card networks, and issuers cannot be liable for any errors or omissions in awarding kicks for a number of reasons, including because we cannot control the accuracy of the information we may receive from an included merchant.
Kicks for Receipts
Our kicks for receipts program lets you earn kicks by using the Application’s submission function and your phone’s or other device’s camera to submit receipts from purchases of select products and/or select retailers (“Kicks for Receipts” program). From time to time, shopkick will announce via the shopkick Program the actions you need to take, identity of the participating products and/or retailers, and store location(s) from where you must submit your receipt. Each action you wish to take to earn kicks has directions you must follow as well as limits as to when purchases or submissions must be made
Kicks for Scans
Our kicks for scans program lets you earn kicks by using the Application’s scanning function (or similar functions within the shopkick Program, as specified by shopkick) and your device’s camera to scan participating products’ bar codes while at the eligible store (“Kicks for Scans” program). From time to time, shopkick will announce to you the identity of participating products, as well as locations where those products might be available, via messages distributed through the Application or the shopkick Program, including email. Each product has a limit as to how quickly and how many times you may scan a product in various time periods (a day, a week, a month, etc.). You should scan items one at a time and wait some time between scans. We have a limited number of scans per product available in total across all Users of the Application and shopkick Program; if the scan limit is reached, you will no longer be able to earn kicks for scanning that product. By participating in the Kicks for Scans program, you agree the Application and shopkick Program may access your device’s camera, and that shopkick will review the scans made by your device. In addition, you also agree to use the Application, shopkick Program and the Kicks for Scans program only for submitting scans to shopkick, and to fully follow and comply with the shopkick Rules. In specific, you agree to only scan products at the stores listed along with a respective product scan, unless you are otherwise directed to by shopkick within the shopkick Program. Shopkick does not guarantee the advertised products will always be available for scanning at published locations (e.g. a vendor may pull products from its shelves, a product may be out of stock, etc.), or that bar codes will always be accurate, and thus shopkick disclaims all responsibility for any failed scanning experiences, errors, or mistakes occurring during a scanning attempt.
Kicks for Walk-ins
Kicks for walking-in can only be earned by your physical presence at eligible walk-in locations that are open for business and active at the time you have the Application open, your device has network reception while you are accessing the relevant pages in the Application, and shopkick has kicks available for distribution at the time (“Kicks for Walk-ins” program). Remember, there are sometimes limits on how often you can walk into a store to earn kicks; be sure to check the Application for the most up-to-date information.
Rewards! Who doesn’t like those. Shopkick offers various rewards. When selecting a Reward, make sure it’s what you want because all redemptions of kicks for Rewards are final.
To redeem Rewards, click the selected item and follow instructions provided, to claim the Reward. Kicks and other awards have no cash value, are not your property, cannot be sold, transferred, or assigned, and may only be redeemed for Rewards offered within the shopkick Program. Kicks and other awards may be revoked at any time by shopkick for any reason and without prior notice.
Once you have enough kicks, you may redeem them for the cash, gift cards or whatever other rewards (“Rewards”) are listed in the rewards section of the Shopkick Program at that time. Shopkick may modify the list of Rewards periodically, and reserves the right to modify the kicks values of the Rewards, and its applicable redemption at any time, including but not limited to devaluing kicks and Rewards, for any reason. Shopkick may also modify the frequency and payment schedule in which it allows you to redeem kicks and other awards for Rewards and/or pays Rewards, and reserves the right to modify this at any time. We may also require a minimum threshold (e.g. $20) in cumulative kicks before allowing you to redeem Rewards, which may change from time to time. Shopkick is not the supplier of any Reward, and is not liable or responsible for its fulfillment or proper condition or value. Please contact the supplier of the Reward directly with any claims you may have.
Kicks may be used once you have accrued a sufficient level of kicks to redeem as Reward, as indicated within the shopkick Program. You may also save your kicks over time for later use prior to expiration, forfeiture, or termination of the shopkick Program. Some Rewards may require additional time before they can be fulfilled. Refunds, exchanges and other issues regarding the redeemed item are governed by the Reward supplier’s terms and conditions applicable to the item, including any warranty, and are not the responsibility of shopkick. Restrictions may apply to certain Rewards and the terms specific to the Rewards are disclosed through the shopkick Application. Merchants participating in shopkick are subject to change at any time. You are responsible for the payment of any applicable taxes that may result from Rewards received as part of the shopkick Program. Rewards pictured within the shopkick Program may not necessarily reflect exact colors or models of actual Rewards due to model variations and/or manufacturer’s updates.
Some Rewards require a unique code for redemption (Ex: “virtual store card“). This unique code may be provided to you directly via email or to your device, or though the shopkick Program. Emails will be sent to the email address you provide. You will need to present this unique code to a store sales associate to redeem your Reward. Once the code of the Reward is sent to you, the redemption process and the store card itself is handled by the store the card is to be used at, and shopkick is not responsible or liable for the Reward value or the redemption process. Other Rewards may require an account with the applicable Reward provider or the provider allowing you to redeem a Reward (i.e. PayPal, Venmo, etc.), a mailing address to ship the Rewards, or other requirements as Shopkick and the redemption provider sets forth in the shopkick Program. You are responsible for maintaining the accuracy of your information in your Account and your account with the applicable Reward provider of the redemption method. You further agree to provide additional information as Shopkick requests to verify your identity and administer your Reward. If Rewards are not deposited, mailed to you, or cashed by you (e.g. check expires), through no fault of Shopkick, we have no obligation to reissue such a Reward. Merchandise rewards that are not available to be claimed in-store or within the Application will be shipped via U.S. mail (or other carrier at the discretion of shopkick) within six to eight weeks from date of Reward redemption. Merchandise can only be shipped to approved U.S. shipping locations. Some merchandise Rewards require a street address for shipment. Shopkick reserves the right to substitute merchandise of equal or greater value in place of unavailable merchandise, or to refund kicks that were redeemed for unavailable merchandise. All shopkick Program Rewards are provided “AS IS” without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement. To redeem kicks for Rewards, you agree to comply with all applicable laws and to abide by the shopkick Rules. Shopkick expressly reserves the right to retroactively reverse any rewards or benefits granted to you for any prohibited conduct or violation of the Terms; you agree to provide your full cooperation and prompt repayment under such circumstances. If you believe that kicks or other awards were not properly accrued to your Account, please notify shopkick by using the “Contact Us” form on the Website within 30 days of when you think the error occurred. Allow 30 days for any claims to be researched and corrected as needed. Shopkick’s determination will be final, and made in its sole discretion. Unfortunately, we cannot guarantee kicks or other awards you believe should have been accrued can be credited to you later, if shopkick cannot determine the precise location you were in, or the action you took on the shopkick Application or at a store, at the time when you believe the kicks or other awards should have been credited. Among other reasons, technical problems with a walk-in or scanning system or verification of transaction information may result in your action not being detected or verified accurately by the shopkick Application or Program. While we try to prevent that from happening, neither we nor our affiliates or business partners can be held liable for your inability to accrue kicks or other awards in such event.
Modification of the Shopkick Program
Shopkick reserves the right, in our sole discretion, to modify, discontinue or terminate any or all of the shopkick Program, or modify the Terms at any time. For example, we reserve the right to charge a fee for using the Services, devalue accumulated kicks and awards accrued in the future or retroactively, or cease the shopkick Program. Changes will be posted on the Website, Application, via a Message, and by changing the date of last revision on this Agreement. All modified terms and conditions will be immediately effective as of the date the modified Terms are posted, or as quickly as permitted, and will apply to all Users regardless if you created an Account or not.
If any portion of this Agreement or any change to the Terms, Website, Application or shopkick Program is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you must cease using the Services and, if applicable terminate your account. As indicated herein, if you choose to opt out of the Services, shopkick may forfeit any or all kicks, Rewards, and/or other awards in your Account after the prior notice period. By continuing to access or use the shopkick Program after the changes are effective, you agree to be bound by such changes.
Termination or Cancellation of Your Account
You may terminate your Account at any time and for any reason by deleting your account via the Application or designated pages as detailed within the shopkick Program, or by sending shopkick an email notice with the subject line “please cancel my shopkick membership” to firstname.lastname@example.org and requesting to be removed from the shopkick Program. By canceling your shopkick Account, your Account will be terminated and may no longer be accessible, and all kicks and other awards and Rewards are immediately forfeited. Any termination request will be handled within 30 days of receipt of such a request by shopkick.
We may immediately terminate your Account or suspend your access to the shopkick Program, and remove any kicks, material (including any User Content provided by you) from the Website, Application or our servers, in the event that you breach the Terms our policies, or for other improper conduct, at our sole discretion and without prior notice to you. As a result of any such termination, we may disqualify you from future participation in any of our programs, Services or the shopkick Program. Any suspension, termination or cancellation will not affect your obligations to shopkick under the Terms (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
Upon termination, all licenses and other rights granted to you under the Terms will immediately cease, and you will forfeit all kicks and other awards accrued. We will not be liable to you or any other person for termination of your Account or suspension of your access to the Services. Upon any termination or suspension, any information (including User Content) you submitted to the shopkick Program may no longer be accessed by you. Furthermore, we will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any other person.
NOTE: WE MAY DEEM YOUR ACCOUNT INACTIVE IF YOU HAVE NOT ACTIVELY USED THE APPLICATION FOR 180 DAYS OR MORE. ONCE YOUR ACCOUNT IS DEEMED INACTIVE, YOUR ACCOUNT MAY BE TERMINATED AND ANY OR ALL KICKS, REWARDS, AND OTHER AWARDS WITHIN YOUR ACCOUNT MAY BE FORFEITED, WITHOUT NOTICE AND AT SHOPKICK’S SOLE DISCRETION. SIMILARLY, IF KICKS ARE NOT USED OR REDEEMED WITHIN 180 DAYS AFTER THEY ARE AWARDED, ALL SUCH UNUSED KICKS MAY BE SUBJECT TO A FORFEITURE, AT SHOPKICK’S SOLE DISCRETION
The Shopkick Rules
- To administer the shopkick Program to you, and allow you to earn and redeem kicks, we ask that act in a manner favorable to your fellow Users.
- Non-compliance with the shopkick Rules and Terms can lead to your permanent exclusion from the shopkick Program or from the ability to earn kicks.
By creating an Account and participating in the shopkick Program, you agree to comply with the rules accessible through the shopkick Program (“shopkick Rules”), which may also be found here shopkick Rules.
Your Commitment to Us
By accessing and using the shopkick Program, you agree to comply with the following:
(i) You will not use the shopkick Program to collect or store personal data about other Users without their express permission;
(ii) You will not upload, post, email or otherwise transmit any viruses or other computer code that may interrupt, destroy, limit the functionality of the shopkick Program, or interfere with the access of any user to the shopkick Program;
(iii) You will not circumvent, disable or otherwise interfere with security related features of the shopkick Program or features that prevent or restrict use of any Content;
(iv) You will not use any meta tags or other hidden text or metadata utilizing a shopkick name, trademark, URL or product name;
(v) You will not use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the shopkick Program;
(vi) You will not attempt to or actually access the shopkick Program by any means other than through the Application, Website, or other shopkick-provided platforms;
(vii) You will not attempt to probe, scan or test the vulnerability of any shopkick system or network or breach or impair or circumvent any security or authentication measures protecting the shopkick Program or the Application;
(viii) You will not attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any Application or any web pages used to provide the shopkick Program;
(ix) You will not use the shopkick Program in any way that competes with shopkick; or attempt to or acquire kicks, bonuses, other awards or any other type of awards other than in a manner consistent with the intended use of the shopkick Program; and
(x) You will not post any product review on a digital distribution platform for mobile devices (for example, iTunes App Store, Android Play Store), which includes a referral or promo code for collecting or receiving awards through the shopkick Program.
By accessing and using the shopkick Program, you further agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Application, Website, nor any technical data related thereto or any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the shopkick Program, you represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Content Ownership Shopkick Content
The shopkick Program contains text, software, scripts, graphics, information, data, pictures, sounds, music, videos, interactive features, user generated information, editorial and other content accessible by Users (“Content”). The trademarks, service marks and logos contained in the shopkick Program are owned by or licensed to shopkick. All Content is owned, licensed to and/or copyrighted by shopkick and you may only use the Content in accordance with these Terms. In addition, the shopkick Program includes descriptions and potential availability of products for purchase from third parties; shopkick cannot control these third parties, and therefore quantity, selection, and price may vary by store location and online. All Content, whether protected by copyright, contract rights, or both, is provided to you AS IS for your information and use only as permitted through the functionality of the shopkick Program. We attempt to ensure all Content is complete and accurate, but despite our efforts, the Content may occasionally be inaccurate or incomplete and we make no representation that the Content is complete, accurate, reliable or error-free.
User Generated Content
Certain portions of the shopkick Program may allow you to post or upload text, graphics, images (such as scans or receipts), and other content for display or publication (“User Content”). By submitting User Content to shopkick, you hereby grant shopkick a worldwide, royalty-free, sublicenseable and transferable license to use, reproduce, distribute copies of, prepare derivative works of, display, and perform publicly the User Content in connection with the shopkick Program and shopkick’s business, including, without limitation, for promoting and redistributing part or all of the shopkick Program in any media formats and through any media channels. Any User Content you submit via the shopkick Program may be viewed by, and shared with other people, for example, within the Shopkick Program, or on third party social networks like Facebook, based on the settings you select for your Account and/or your settings within the applicable third party network. In addition, any feedback, comments and suggestions you may provide for improvements to the shopkick Program (“Feedback”) will be the sole and exclusive property of shopkick, and you hereby irrevocably assign to shopkick all of your right, title, and interest in and to all Feedback.
When submitting User Content, you agree not to: (i) submit material that violates anyone else’s proprietary rights, including intellectual property rights and privacy, confidentiality and publicity rights, or can be considered spam or junk mail; (ii) knowingly publish false or inaccurate information; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements, “pyramid schemes,” chain letters or other solicitations; or (v) impersonate another person. In addition, you agree to abide by the shopkick Rules.
Shopkick does not endorse any User Content, any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We reserve the right to decide in our sole discretion whether User Content is appropriate and complies with these Terms, and may remove such User Content and/or terminate your access for uploading material in violation of the Terms at any time without prior notice. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available User Content or other materials that are believed to violate the Terms our policies.
Copyright & DMCA Policy
Shopkick respects copyright law and expects its Users to do the same. While we cannot preview or monitor User Content, we may apply, at our discretion, automated filtering tools monitor and/or delete any content we believe violates of the Terms or our policies (for example, we could use automated tools to suppress obscene content). We reserve the right, but do not have the obligation, to act expeditiously to remove or disable access to any User Content we believe violates this Agreement. We are also sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement or illegal content, click here.
Communications Between You and Shopkick
By accessing and using the shopkick Program, you agree that we may collect, use and disclose certain information about you, either provided directly by you or other parties, such as our service providers, or your friends who invite you to the shopkick Program. We may use this information to contact you (via the Website, Application, phone, electronic mail, physical mail or otherwise) for the purpose of informing you of changes or additions to the Website, Application or Services, or of any related products and services (any such contact is a “Message”). You agree that any Message that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Some Messages you may receive are via your telephone. For example, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you outside or inside the Application. For calls or text messages to the cellular phone number you provide, by agreeing to these Terms and by providing consent when asked, you authorize shopkick to send texts or calls to your phone using an autodialer or a prerecorded voice. We may also offer you the opportunity to invite your friends or contacts to download the shopkick Application and use the shopkick Program. You may invite one or more of your friends or contacts using text messaging (SMS), email, Facebook and other forms of communications. Depending on your phone’s functionality, we may suggest content for the message and you can edit that suggested content. If you choose to send invitations you represent to shopkick that the recipients of such invitations have consented to receive such messages from you, and that those recipients do not consider such messages unwanted or unsolicited, and that you made the active choice to send these invitations. In general, you have control over the settings for types of Messages and can opt in or out of these via the shopkick Program or through the phone’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Shopkick is not responsible or liable for sending any invitation messages; these are expressly sent by you should you choose to make invitations. Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier.
Third Party Policies
- These Terms are concluded between you and shopkick, and not with App Provider, and that, as between shopkick and the App Provider, we are solely responsible for the Application.
- App Provider has no obligation to furnish any maintenance and support services with respect to the Application.
- In the event of any failure of the Application to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the Application to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the Application.
- App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the Application, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Application against you as a third party beneficiary thereof.
- You must also comply with all applicable third-party terms of service when using the Application