Terms and Conditions


This Service Agreement governs the terms of use by You of the ClipZone Free Trial Mobile Couponing Service (“CZService”) described herein as offered by ClipZone Ventures, LLC.

  1. Services. The CZService will provide mobile coupons to users of a variety of mobile devices. The initial service area is limited to Metropolitan Atlanta, Georgia. The coupon offering(s) will be mutually defined by You and ClipZone.
  2. Fees. The CZService is provided to You at no charge.
  3. Term and Termination. This Service Agreement shall be effective as of the date specified on below and shall continue for a one hundred and twenty (120) day term. This Service Agreement shall automatically, in full, continually renew for additional thirty (30) day term(s) unless You notify ClipZone in writing fifteen (15) days in advance of the termination of the current period. ClipZone reserves the right to immediately terminate this Service Agreement at any time and for any reason whatsoever.
  4. Acceptable Use. Your use of the CZService is further governed by the ClipZone’s Code of Conduct policy which promotes safe computing practices. ClipZone may at its sole discretion change, update and revise the Code of Conduct policy and is located online at http://www.clipzone.com and is incorporated herein by URL reference.
  5. Compliance with Law. You will use the services offered by ClipZone in a manner consistent with all applicable local, state and federal laws and regulations.
  6. Your Content. ClipZone is not responsible nor preapproves any of Your coupon content. ClipZone is not responsible for Your content residing on ClipZone’s servers. All material submitted by You for publication through the CZService will be considered usable by ClipZone for any purpose, and ClipZone may, in its sole discretion, make such material available to the general public. During the term of this Service Agreement, You are granting to ClipZone a non-exclusive, world-wide, royalty-free license and permission to use Your material, in any media or technology, whether now known or hereafter devised, or in any form whether now known or hereafter devised, including, but not limited to copying, distributing, transmitting, publicly displaying, publicly performing, reproducing, editing, translating, reformatting, and/or incorporating the material downloaded in other works in any form without having Your name attached to it. No compensation will be paid to You with respect to the use of Your material. ClipZone’s publication of material submitted by You does not create any express or implied approval by ClipZone of such material, nor does it indicate that such material complies with the terms of this Service Agreement.
  7. Availability of Services. While ClipZone has made every effort to insure the CZService is “bug free,” You understand that the CZService is pre-production, and therefore subject potential errors and omissions. The CZService is provided on an “as-is, as available” basis and You agree that scheduled and unscheduled interruptions of the CZService may occur due to errors, scheduled maintenance and repair by ClipZone, or by strikes, riots, vandalism, fires, inclement weather third-party outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other causes beyond ClipZone’s control, as defined by standard practices in the industry.
  8. Limitation/Disclaimer of Liability. You agree that under no circumstances will ClipZone be held liable, except as provided herein, for any financial or other damages due any interruption of service as described in Section 7. In no event shall ClipZone be liable to You or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, loss of profits, loss of income or cost of replacement services. Such failure or delay shall not constitute a default under this Service Agreement. ClipZone will protect and use data obtained through Your use of the CZService according to the ClipZone Privacy Policy located online at http://www.clipzone/utilize.com and is incorporated herein by URL reference.
  9. DISCLAIMER OF WARRANTIES. ClipZone’S CZSERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. ClipZone SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ClipZone BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF ClipZone HAS BEEN ADVISED BY YOU OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF ClipZone’S CZSERVICE TO YOU IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, ClipZone SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, DURING THE PERIOD OF DISRUPTION OR MALFUNCTION.
  10. Indemnity. You agree to defend, indemnify and hold ClipZone harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of the use of the CZService provided by ClipZone to You under this Service Agreement, including claims made by third parties (including Your customers) related to any false advertising claims made by You, liability claims for products or services sold by You, or for any content submitted by You for publication by ClipZone.
  11. Governing Law/Venue. This Service Agreement shall be governed by the laws of the State of Georgia.
  12. Relationship of the Parties. The parties intend that an independent contractor relationship will be created by this Service Agreement, and that no additional partnership or employer/employee relationship is intended.
  13. Advertising. ClipZone may include Your name and logo in directories of ClipZone’s service subscribers and/or other advertising and marketing materials for the purpose of promoting the use of the CZService.
  14. Taxes. If any federal, state or local governmental entity with taxing authority over the services provided under this Service Agreement imposes a tax directly on the services provided by ClipZone to You under this Service Agreement, then ClipZone may pass the direct amount of such cost on to You, and You shall promptly pay such cost.
  15. Waiver. Any party’s failure to insist on compliance or enforcement of any provision of this Service Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Service Agreement.
  16. Notices. Any notice under this Service Agreement may be e-mailed, delivered personally or mailed by registered mail to the addresses as specified in the Service Agreement.
  17. Severability. All rights and restrictions contained in this Service Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws, and are intended to be limited to the extent necessary to render this Service Agreement legal, valid and enforceable. If any term of this Service Agreement, or any part thereof, not essential to the commercial purpose of this Service Agreement shall be held illegal, invalid or unenforceable under applicable law, it is the intention of the parties that the remaining terms hereof, or part thereof, shall constitute their agreement with respect to the subject matter hereof, and all such remaining terms, or parts thereof, shall remain in full force and effect. To the extent legally permissible, any illegal, invalid or unenforceable provision of this Service Agreement shall be replaced by a valid provision which will implement the commercial purpose of the illegal, invalid or unenforceable provision.