Terms of Use

Last revised: may 30, 2015
These Terms of Use ("Terms of Use") are between you and Sealdog Media LLC and its corporate affiliates (collectively "the Company"), for the use of the kidsdineforfree.com website and other related sites and applications owned and operated by the Company (collectively referred to as the " kidsdineforfree.com Sites"), whether or not you have registered a unique end-user account (an "Account") at the kidsdineforfree.com Sites. Although you are not required to create an Account to use the kidsdineforfree.com Sites, please be advised that you may not have access to all the features of the kidsdineforfree.com Sites unless you have created an Account and are logged into such Account. An Account is typically created by providing us with (a) your email address, a unique password and other required information or (b) by clicking the applicable "Facebook®" button on the login or registration pages; doing so will automatically create an Account that is linked to your Facebook profile (if you have one) and you understand that we will incorporate relevant personal information found on your Facebook profile as part of your Account.

The terms and conditions set forth in these Terms of Use, as well as our Privacy Policy and any Additional Terms(defined below), constitute the entire agreement between the Company, by and on behalf of its subsidiaries and affiliates, and users and members of the kidsdineforfree.com Sites. By using the kidsdineforfree.com Sites, you signify that you have read, understand and agree to be bound by these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the Terms of Use's effective date. Your continued use of kidsdineforfree.com Sites after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access kidsdineforfree.com Sites. It is your responsibility to regularly review these Terms of Use. We may post additional terms, official rules, or agreements that apply to certain services, applications, activities, and features we offer or provide at or about the kidsdineforfree.com Sites (“Additional Terms”), and you may be subject to such Additional Terms when you access those services, applications, activities and/or features.

You agree to use the kidsdineforfree.com Sites only for purposes that are permitted by these terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). Subject to your performance of all of the provisions of these Terms of Use, the Company hereby grants you a limited, terminable, non-transferable, personal, non-exclusive license to access and use the kidsdineforfree.com Sites and the Services solely as provided herein. You may download material displayed on the kidsdineforfree.com Sites for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, broadcast, publicly perform, transmit, reuse, re-post, or use the content of the kidsdineforfree.com Sites for public or commercial purposes, including the text, images, audio, and video without the Company's prior written permission. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with the Company. Your right to use the kidsdineforfree.com Sites is not transferable. You acquire no rights or licenses in or to the kidsdineforfree.com Sites and materials contained therein other than the limited right to access and utilize the kidsdineforfree.com Sites in accordance with these Terms of Use.

If you are accessing the kidsdineforfree.com Sites via any of our applications available via third parties (collectively “Third Party Outlets”) including (without limitation) Apple, Inc.’s “App Store,” Google, Inc.’s “Google Play” store and/or Conduit Ltd.’s “Conduit App Marketplace,” you and the Company acknowledge and agree that these Terms of Use are entered into by and between you and the Company, and that none of the Third Party Outlets are party to these Terms of Use. The Third Party Outlets are not sponsor to, nor in any way affiliated with, any of the Company Promotions (defined below), nor any of the services, applications, activities or features offered or provided by the Company, nor do they sponsor any prize redemptions.

User Representations and Warranties

By using the kidsdineforfree.com Sites, you represent, warrant and covenant that you: (i) have the power and authority to enter into and be bound by the Terms of Use; (ii) shall not use any rights granted hereunder for any unlawful purpose; (iii) shall use the kidsdineforfree.com Sites only as set forth in these Terms of Use; and (iv) are thirteen years of age or older. If you are under the age of 13, you are not allowed to use the kidsdineforfree.com Sites.You agree not to access (or attempt to access) any of the services available on the Swagbucks.com Sites (the "Services") by any means other than through the interface that we provide, unless you have been specifically allowed to do so in a separate agreement with us. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including, without limitation, use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

Sweepstakes, Contests and Promotions

Any sweepstakes, contests or promotions (collectively, “Promotions”) that may be offered via any of the kidsdineforfree.com Sites may be governed by Additional Terms, which may set out eligibility requirements, such as certain age or geographic area restrictions, terms and conditions, and details governing how your personal information may be used. It is your sole responsibility to read all Additional Terms to determine whether or not you want to or are eligible to participate, enter or register in or for the Promotions. By participating in a Promotion, you will be subject to the Additional Terms and you agree to comply with and abide by such Additional Terms and the decisions of the sponsor(s) defined therein. The Third Party Outlets are in no way associated with the Company’s Promotions.

Rewards Programs

Overview. The Company may offer rewards programs under which you may have the opportunity to earn points that are redeemable for rewards (“Rewards Programs”). Not all of the kidsdineforfree.com Sites offer Rewards Programs, however, and Rewards Programs may include Additional Terms that apply to your participation in activities allowing you to earn points (singularly “Activity” and collectively “Activities). The Company may limit your ability to participate in a Rewards Program in its sole and absolute discretion, and may void any points, rewards, or potential rewards you may have earned or accumulated in a Rewards Program, including (without limitation) if you do not comply with these Terms of Use. You agree to abide by the final and binding decisions of the Company regarding a Rewards Program and your participation in it. We reserve the right to change, suspend, or cancel all or a portion of a Rewards Program, including any points you may have accrued, at any time without notice, and for a duration to be determined in our sole and absolute discretion, including (without limitation) indefinite suspension or cancellation.

Earning Points. Points can be earned in a Rewards Program by participating in certain Activities, as described at or about the applicable kidsdineforfree.com Sites. If you choose to participate and follow the instructions associated with an Activity, upon satisfying all of the requirements of the Activity, you will be awarded the points associated with completing that Activity. There may be limitations on Activities and rewards, so please be sure to review all applicable Additional Terms before deciding whether or not you would like to participate. For example, we reserve the right to request receipts of completed purchases prior to or after the awarding of kidsdineforfree.com in order to verify with the applicable merchant that such purchases are valid. Some of the limitations on Activities and rewards include (without limitation), our right to change or limit your ability to participate in certain Activities or the Rewards Program itself; our right to change or limit the allowable frequency of Activities; our right to change or limit the number of points you can earn for a given Activity; our right to change or limit the number of points you can earn during a given time period; our right to change the Activities or rewards available, or the number of points required for a particular reward. Redeeming Points. You may redeem points you have earned for rewards offered in a Rewards Program pursuant to the applicable Additional Terms. Supplies may be limited. Rewards are awarded on a first-come, first-serve and while-supplies-last basis. If you attempt to redeem points for a reward and the Company determines that the reward is unavailable, out of stock, or for whatever reason cannot be provided to you, the Company may, at its sole and absolute discretion, award you a reward of equal or greater value. No credit, reversal, or refund of points will be issued for any reason after points have been redeemed; in other words, once you order a reward, you may not cancel the reward or return the reward for a refund of points. Points earned are only redeemable within a Rewards Program. Points are not your personal property, and are not descendible, may not be inherited, bartered or sold to any third party. The only way to use points is to redeem them for Rewards Program rewards through the Products made available for rewards may be refurbished or “irregular” products. You are solely responsible for all federal, state and local taxes and any other costs or expenses of accepting and using the reward. Some rewards may have eligibility requirements and the Company reserves the right to verify your eligibility qualifications prior to fulfilling any reward.

Delivery. Rewards may be emailed to your email address or mailed to the U.S. postal address, as applicable, that you provided when you registered for your Account or to the email or U.S. postal address that our records show your Account was last updated to reflect. Processing times may vary. Rewards that are undeliverable for whatever reason (including, without limitation, because your Account information is incorrect or outdated) will not be re-sent and are forfeited, and the points will not be refunded.

Intellectual Property

You acknowledge that the kidsdineforfree.com Sites have been developed, compiled, prepared, revised, selected and arranged by the Company and others through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of the Company and others. It is our policy to enforce our intellectual property rights to the fullest extent permitted under law. The trademarks, logos and service marks ("Marks") displayed on the kidsdineforfree.com Sites are the property of the Company or third parties and cannot be used without the written permission of the Company or the third party that owns the Marks. The Site is also protected as a collective work or compilation under U.S. copyright and other foreign and domestic laws and treaties. Users are prohibited from using (except as expressly set forth herein), transferring, disposing of, modifying, copying, distributing, transmitting, broadcasting, publicly performing, displaying, publishing, selling, licensing, or creating derivative works of any content on the kidsdineforfree.com Sites for commercial or public purposes. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of the Company or any third party. The Company exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, "look and feel," compilations, magnetic translations, digital conversions and other materials included within the kidsdineforfree.com Sites and related to the kidsdineforfree.com Sites and all modifications and derivative works thereof, and all intellectual property rights related thereto.

Reporting Copyright Infringement - DMCA Policy

If you believe that any content, user-posted materials, or any other material found on or through the kidsdineforfree.com Sites, including through a hyperlink, infringes your copyright, you should notify us. To be effective, the notification to us must be in writing and must comply with the following instructions:

1) Written notices must be sent either:

a. electronically sent to contact@sealdogmedia.com with subject line "DMCA Takedown Request". Emails sent to contact@sealdogmedia.com for purposes other than communication about copyright infringement may not be answered; or
b. via courier (with a confirmed receipt requested) to: seal dog media, LLC, P.O. Box 578 boca raton, fl 33498; Attention: Copyright Agent

2) Each written notification must contain the following information:

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive copyright interest;
b. a description of the copyrighted work that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the kidsdineforfree.com Sites that is reasonably sufficient to enable us to identify and locate the material (for example, a list of URLs);
d. your physical mailing address, telephone number and email address;
e. a statement by you affirming that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the information provided in your notice is accurate and, under penalty of perjury, that you are the owner of an exclusive right in the material or that you are authorized to act on behalf of the copyright owner.
We will process each written notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws.

We have a policy of terminating and/or blocking repeat infringers in appropriate circumstances, in our sole discretion, subject to reasonable limitations.

User Conduct

You agree that you will not engage in any activity that interferes with or disrupts the kidsdineforfree.com Sites or the Services (or the servers and networks which are connected to the Services) or use any service to manipulate your CPU to gain distinct advantage on any of our programs. Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. Please note that at any time, we may, in our sole discretion, terminate our legal agreement with you and deny you use of our Services if:

(A) you have breached any provision of these terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these terms); or
(B) we are required to do so by law (for example, where the provision of our services to you is, or becomes, unlawful); or
(C) the partner with whom we offered the Services to you has terminated its relationship with us or ceased to offer their services to you; or
(D) we are transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or
(E) the provision of the Services to you is, in our opinion, no longer commercially viable.
You further agree that your use of the Services shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:

• post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual, hateful or otherwise objectionable

• post spam links, and/or personal referral links in an aggressive, wanton, or otherwise inappropriate fashion both on Swagbucks.com or on any other public site on the web

• defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable

• upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service, other users' computers, or the access to or functionality of the Swagbucks.com Sites

• violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity)

• attempt to obtain passwords or other private information from other members

• improperly use support channels or complaint buttons to make false reports to the Company

• develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable License Agreements

• exploit, distribute or publicly inform other members of any error, miscue or bug that gives an unintended advantage violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services.
Accounts that have not been logged into for six months or more are deemed inactive and kidsdineforfree.com earned in these accounts are null and void. "Swag Bucks" are nontransferable and are void if a transfer is attempted. "Swag Bucks" and/or rewards may not be bartered or sold. kidsdineforfree.com and/or kidsdineforfree.com accounts are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.

If you violate the Terms, the Company reserves the right in its sole discretion to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Services. You agree that the Company need not provide you notice before terminating or suspending your account(s), but it may do so at any time. Any account or accounts that are terminated shall be deemed null and void and any and all information relating to such account(s) shall revert to or become the sole property of the Company, including but not limited to kidsdineforfree.com ® virtual currency or any points, prizes, awards or credits, regardless of monetary value, except to the extent prohibited by applicable law. The Company reserves the right to refuse access to the Services without notice for any reason, including, but not limited to, a violation of the Terms. You agree that kidsdineforfree.com may discontinue the Service or change the content of the Service at any time, for any reason, with or without notice to you, without liability.

Communications Channels

The Services may include communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users. The Company has no obligation to monitor these communication channels but it may do so in its sole discretion and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. The Company may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by the Company, and these communications should not be considered reviewed or approved by the Company. The Company will not under any circumstances by liable for any activity within Communication Channels. You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. The Company is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.

Disclaimer of Warranties; Limitation of Liability; Indemnification

You agree that your use of the Services shall be at your sole risk. Subject to you rights under any Consumer Law referred to below and to the maximum extent permitted by law and unless restricted or prohibited by law, the Company, its officers, managers, directors, employees, and agents disclaim all guarantees, warranties and conditions, express or implied, in connection with the Services, the kidsdineforfree.com Sites and your use thereof including implied guarantees or warranties of title, merchantability or acceptable quality, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. Subject to you rights under any Consumer Law referred to below and to the fullest extent permitted by law, the Company makes no warranties, conditions or representations about the accuracy or completeness of the content of the Services of the content of any sites linked to the Services and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury (including death) or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services.

Subject to your rights under any Consumer Law referred to below and to the maximum extent permitted by law, and unless restricted or prohibited by law, in no event will the Company, its directors, managers, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the kidsdineforfree.com Sites, the Services or other materials or content on, accessed through or downloaded from the Services, whether based on warranty, contract, tort (including without limitation negligence), or any other legal theory, and whether or not the Company has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. You agree to indemnify and hold the Company, and each of its directors, managers, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, action, cause of action, application, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Swagbucks.com Sites and the Services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your user submissions caused damage to a third party; (v) any tax consequences related to your use of the kidsdineforfree.com Sites and/or (vi) any content you post or share on or through the Service.

The Company will not be liable for the termination of the kidsdineforfree.com program on any account whatsoever including (without limitation) any awards, points, prizes or credits in a member's favor at the time of termination. Sometimes when you use our Services, you may use a service or download a piece of software, or purchase goods, provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, these terms do not affect your legal relationship with these other companies or individuals.

You agree that we are not responsible for the loss of kidsdineforfree.com virtual currency or any points, prizes, awards or credits, regardless of monetary value, in the event there is any: change in the value of each kidsdineforfree.com (as determined in Company's sole discretion), data or server error, computer and/or network system error or failure, criminal act, vandalism, cyber attack or other events which make it commercially unreasonable for us to determine the value of any account or accounts.

All guarantees, conditions and warranties whether expressed or applied, as to the condition, suitability, quality, fitness or safety of any goods and services supplied under the kidsdineforfree.com program, other than those implied or imposed by statute, are excluded to the extent permitted by law. All guarantees and warranties implied or imposed by statute are excluded to the extent expressly permitted by statute.

Any liability the Company may have to a member under any such guarantees or warranties implied or imposed by statute which cannot be excluded is limited, where the Company is expressly permitted by statute to limit your remedy for a breach of that guarantee or warranty, to supplying or paying the cost of supplying, the goods (or equivalent goods) or services again or repairing or paying the cost of repairing, the goods, at the Company's sole option.

Applicable Law

By visiting or using the Service, you agree that the laws of the United States and the State of florida, without regard to principles of conflict of laws and regardless of your location, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company. Any claim or dispute between you and the Company that arises in whole or in part from your use of the Service shall be decided exclusively by a court of competent jurisdiction located in palm beach County, florida, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. TO THE EXTENT PERMITTED BY LAW, YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE. Tax Matters. You acknowledge and agree that we do not have the ability, in every instance, to determine whether or not the kidsdineforfree.com you earned or redeemed are considered reportable taxable earnings in your jurisdiction. You are therefore responsible for any and all tax liability arising from or associated with your use of the kidsdineforfree.com Sites, including liability arising from your accrual of kidsdineforfree.com or your redemption of kidsdineforfree.com for cash or other items. As a condition of your continued use of the kidsdineforfree.com Sites, we may require you to provide necessary tax information if our records show that you are required to report your Swag Bucks earnings to the appropriate regulatory entity. We encourage you, and it is your responsibility, to seek advice of a tax expert in order to determine the tax consequences of your activities on the kidsdineforfree.com Sites.

Consumer Laws

Despite any other provision of these Terms of Use, if any legislation affects your rights under these Terms of Use (a "Consumer Law"), then to the extent that any term or provision contained in these Terms of Use:

(A) becomes void or unenforceable for any reason; or
(B) would be unfair under the applicable consumer law if applied or relied upon in a particular way,
that term or provision will be severed such that all remaining terms and provisions of these Terms of Use will continue to be in full force and effect and be unaffected by the severance of any other term or provision. No provision of these Terms of Use limits, excludes or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by any Consumer Law which cannot lawfully be excluded, limited or modified. International Users

The kidsdineforfree.com Sites are controlled, operated, and administered by the Company from its offices within the United States of America. The Company makes no representation that materials on kidsdineforfree.com Sites are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the kidsdineforfree.com Sites are illegal is prohibited. You may not use the kidsdineforfree.com Sites or export the content or products in violation of U.S. export laws and regulations. If you access kidsdineforfree.com Sites from a location outside of the United States, you are responsible for compliance with all local laws.

Export Controls

Software downloaded from kidsdineforfree.com Sites is further subject to United States Export Controls. No software from kidsdineforfree.com Sites may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, 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.

No Waiver

The Company's failure to exercise or enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. English Language

The parties hereto confirm that it is their wish that these Terms and Conditions, as well as all other documents relating hereto have been and shall be drawn up in the English language only.

Les parties aux présentes confirment leur volonté que cette convention, de même que tous les documents, y compris tout avis, qui s'y rattachent, soient rédigés en langue anglaise.