Search With Melee Privacy Policy and Terms of Use

Search With Melee operates a number of different sites on the Web (each one or all together referred to as "Search With Melee Site"). Search With Melee is strongly committed to protecting the privacy of its user community. The intent of this privacy policy is to detail the information Search With Melee might gather about individuals who visit Search With Melee. Sites, how that information is used, and our disclosure practices. Please note that this policy applies only to the Search With Melee sites, and not to the sites of other companies or organizations to which we provide links.

Anonymous User Information:

Search With Melee Sites collects some anonymous information each time you visit so we can improve the overall quality of your online experience. We collect your IP address, referral data, and browser and platform type. You do not have to register with Search With Melee before we can collect this anonymous information. When you sign up for Search With Melee Sites you will be required to share information that identifies you personally, such as your name or email address. The Search With Melee Sites assign an anonymous ID number to your requests and links the following additional data to that anonymous ID number: the date and time you visited, your search terms, and the links you choose to click. Like most standard Web site servers, we use log files to collect and store this anonymous user information. Search With Melee analyzes the information to determine trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use.

Such aggregated anonymous information is used in our market research surveys, to record statistics behind special offers, our "shop & earn" promotions, electronic recycling and our polls.

Tell-A-Friend

If you elect to use our referral service for informing a friend about any of our sites, we ask you for your friend's name and email address. Search With Melee will automatically send the friend a one-time email inviting them to visit the Search With Melee Site. Search With Melee does not store the information related to your friends and the one-time email sent pursuant to your input will be our only contact with that person for such input.

Correspondence:

If you contact Search With Melee , we may keep a record of that correspondence and we may collect your email address for archival purposes but will not use, transfer or sell your email address.

Third Party Information Gathering:

The Search With Melee Sites contain links to other sites on the Web. Please be aware that Search With Melee is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy policy applies solely to information collected by this Web site.

Cookies:

Search With Melee may set and access cookies on your computer. A cookie is a small data file that a Web site may send to your browser and which may then be stored on your system. We use both session cookies and persistent cookies. For the session cookie, once you close the browser, the cookie terminates. A persistent cookie is a small text file stored on your hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions. We use cookie and web beacon technology to track which pages on the Search With Melee Sites our visitors view and which Web browsers our visitors use. We may also use cookies to help us provide personalized features and preferences to you within various Search With Melee Sites in a way that may be linked to individual user information that you elect to share with us. We also use "action tags" to assist in delivering the cookie. These action tags allow us to compile statistics and other data about our customers on an aggregate basis, by embedding a random identifying number on each user's browser. We then track where that number shows up on our site.

Cookies help us track your responses to our market research surveys, to record statistics behind special offers, our "shop & earn" promotions, electronic recycling and our polls, however, we will never share such personally identifiable information with third parties except as set forth below under "Sharing."

Sharing:

Though we make every effort to preserve your privacy, we may need to disclose personal information when required by law, where we have a good-faith belief that such action is necessary to comply with a judicial proceeding or administrative legal, a criminal investigation, a court order, or legal process served on our Web site. We may also share your personal information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Search With Melee or such Search With Melee Site's terms of use, or as otherwise required by law.

Mergers; Business Transitions:

In the event Search With Melee goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users' personal information will, in most instances, be part of the assets transferred, unless such a transfer will violate state or federal law.

Choice/Opt-out:

Our goal is to keep you in control of the personal information you provide to us. Accordingly, you can review, correct, change or remove any personal registration information you provide to Search With Melee and that Search With Melee controls. In order to "opt-out" and elect not to receive future communications from us, please email us at support@swagbucks.com.

Notification of Changes:

If we decide to change this privacy policy, we will post those changes in places deemed appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we would disclose it. If, however, we are going to use Individually Identifiable Information in a manner different from that stated at the time of collection we will notify users by posting a notice on our Web site for at least 30 days.

Special Notification with respect to Children's Privacy (Users under the age of 13):

In response to concerns about protecting children's privacy online, Congress enacted the Children's Online Privacy Protection Act of 1998 ("COPPA"), which sets forth rules and procedures governing the ways in which Web sites may collect, use and disclose any personal information for children under the age of 13. In accordance with Search With Melee policy and COPPA regulations, we DO NOT:

1. Request or knowingly collect personally identifiable information online or offline contact information from users under 13 years of age; or
2. Knowingly use or share personal information from users under 13 years of age with third parties;

It is possible that by fraud or deception we may receive information given to us or pertaining to children under 13. If we are notified of this, as soon as we verify the information, we will immediately delete the information from our servers
Questions regarding children's privacy should be directed to:

Search With Melee

Swag Bucks / Conduit Toolbar:

This privacy policy governs your use of a software application ("Application") that was created using the Conduit Platform (http://www.conduit.com/) by Prodege / Swag Bucks ("Publisher"). The Application includes various features and content that are offered and delivered to you by the Publisher, such as: news, messages, games, and more as well as features and content that you may choose to add.

Conduit is committed to protecting your privacy and safety rights while using the Application. Conduit does not collect any personal information from you other than as described in this policy and enforces strict privacy policies. Conduit requires the Publisher and third parties that may provide you with content, to protect your privacy rights and maintain the following privacy practices:

1. No Spyware Policy - the Application does NOT collect or transmit Personally Identifiable Information and does not monitor your personal use of the Application. Personally Identifiable Information means information that would identify you personally.
   
   The Application sends unidentifiable and non-personal statistical data to enable quality assurance and improve support processes. Such non-personal data includes unidentifiable and general usage of the Application (for example; statistical usage data can be sent if you open or close the Application but not personal information you may share via the Application) but does not include Personally Identifiable Information, other than as specifically described herein. You may choose not to send such statistical data at any time from the Options dialog box of the Application. Conduit strives to provide you information and services that you will find useful and interesting.
2. Third Party Features and Content - the Publisher or you may choose to add features or content to the Application. In the event that such features or content may require the collection of your personally identifiable information (for example: your login credentials to a third party website, information about content you use on the web, etc.) the Publisher or the third parties providing the content must present to you a clear disclosure of the information that will be collected and you should have the opportunity to decide whether or not to share such information or alternatively not use or remove the content. Conduit encourages you to read the terms of service and privacy policies offered by the Publisher and the third parties prior to using any of their content or features.
   
   You may choose to add additional content and features to the Application as part of your ongoing usage. Conduit encourages you to read the terms of service and the privacy policy of any such content before you choose to add it to the Application.
   
   You may also choose to activate additional features that provide you with the ability to update and use your favorite social networks. During such activation you will be asked to grant Conduit permission to collect certain information from such social network systems. If you elect to permit Conduit to access this information, Conduit will be able to see and to use such information regardless of your privacy settings with such social network service. Such information may include friends or contacts lists, notes and updates and photos. Such information may be used by Conduit to help you personalize your Application or suggest new features and content that may be relevant to you. Such information will be protected by Conduit in accordance with its strict privacy policies [as can be seen here - http://www.conduit.com/privacy] We urge you to read this policy in its entirety, but it is important to note that Conduit does not sell or rent any personal information we collect to any third parties.
3. No Adware Policy - You will not be required to view obtrusive ads in order to use the application.
4. Unobtrusive - the Application does not enable other software applications to access data stored on your computer's hard drive or in your personal online accounts. Changing your web search preferences, modifying web pages that you visit or accepting third party offers is not required in order to use the Application. You may voluntarily opt to change your search preferences (if applicable), add components or accept notifications, offers or other features from your Publisher.
5. Easy uninstall - you can easily uninstall the Application at any time by using standard uninstall processes as may be available as part of your operating system, your internet browser or similar software uninstall options (for example: add/remove programs in Windows, Add-on removal in Firefox, etc.).
6. Easy deactivation - you can easily deactivate your Application at any time by using the standard deactivation features available in your internet browser (for example: by clicking the "View" menu in your browser selecting the name of the Application and then clicking on it).
7. Full control - you have full control over the Application and can modify your preferences at any time (including the components and features you have added to the Application), from the Options dialog box of the Application.
8. Report - The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have a reason to believe that your rights have been infringed upon while using the Application, please contact Conduit via email at Privacy@conduit.com . Once your e-mail is received, Conduit will review it to ensure that the privacy practices provided herein are enforced.
9. Shopping on the Toolbar - The "Shop" button on the toolbar will take you to the Swagbucks Shop & Earn section containing affiliated stores and affiliate links. By clicking the "Shop" toolbar button, an affiliate cookie will not be placed on your computer. When clicking on an affiliate link within the Swagbucks Shop & Earn section, an affiliate cookie will be placed on your computer to assist in rewarding you for purchases made through the Swagbucks Shop & Earn.

Additional Terms:

You agree to use the Services 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).

You agree not to access (or attempt to access) any of 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 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.

You agree that you will not engage in any activity that interferes with or disrupts 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 service; 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 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 or other users' computers
• 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 Search With Melee
• 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 game 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 Service

Accounts that have not been logged into for six months or more are deemed inactive and Swagbucks earned in these accounts are null and void.

If you violate the Terms, Search With Melee reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that SwagBucks need not provide you notice before terminating or suspending your account(s), but it may do so. 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 SwagBucks, including but not limited to SwagBucks™ virtual currency or any points, prizes, awards or credits, regardless of monetary value.

SwagBucks 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 SwagBucks 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.

The Service may provide communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users. SwagBucks has no obligation to monitor these communication channels but it may do so 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. SwagBucks 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 SwagBucks, and these communications should not be considered reviewed or approved by SwagBucks. SwagBucks 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. SwagBucks is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.

We may make changes to these terms from time to time. When these changes are made, you agree we can provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. You understand and agree that if you use a SwagBucks Site after the date on which the terms have changed, we will treat your use as acceptance of the updated terms or additional terms.

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 SwagBucks™ virtual currency or any points, prizes, awards or credits, regardless of monetary value, in the event there is any catastrophic data or server error, criminal act, vandalism, cyber attack or other events which make it impossible for us to determine the value of any account or accounts.

Disclaimer of Warranty; Limitation of Liability
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Prodege, its officers, directors, employees, and agents disclaim all warranties, express or implies, in connection with the website and your use thereof including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. Prodege makes no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (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 Service, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service 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 Service.

In no event will Prodege, its directors, 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 Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not SwagBucks 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 Prodege 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 Prodege and Swag Bucks, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, 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 Service; (ii) your violation of any term of these Terms of Service; (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; or (v) any Content you post or share on or through the Service.

By visiting or using the Service, you agree that the laws of the United States and the State of California, without regard to principles of conflict of laws and regardless of your location, will govern these Terms of Service and any dispute of any sort that might arise between you and SwagBucks. Any claim or dispute between you and Prodege 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 Los Angeles County, California, 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. Prodege reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of SwagBucks.com or any Prodege powered site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND SWAGBUCKS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE.

Despite any other provision of these Terms of Use, if the Consumer Law is deemed to apply, then to the extent that any term or provision contained in the Terms of Use would be unfair under the Consumer Law if applied or relied upon in a particular way that term or provision does not affect the validity of the remaining Terms of Use. No provision of these Terms of Use limits or excludes any liability of Search With Melee to any consumer guarantee under the Consumer Law.

Search With Melee will not be liable for the termination of the Search With Melee program on any account whatsoever including (without limitation) any awards, points, prizes or credits in a member's favour at the time of termination.

All conditions and warranties whether expressed or applied, as to the condition, suitability, quality, fitness or safety of any goods and services supplied under the Search With Melee program, other than those implied by statute, are excluded to the extent permitted by law. All warranties implied by statute are excluded to the extent expressly permitted by statute. Any liability Search With Melee may have to a member under any such warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying or paying the cost of supplying, the goods or services again or repairing or paying the cost of repairing, the goods, at Search With Melee's option.