Last updated: 11-1-2015
Waatcher grants you a non-exclusive right and license to access and use the Site for personal, noncommercial purposes, or to purchase items from third-party merchants accessible via links on the Site. This license does not include and strictly prohibits: any resale of the Site or its contents; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, including its operation, interface and contents, are covered by United States copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of Waatcher. Any unauthorized use shall immediately terminate the licenses and rights granted by Waatcher and any Licensors hereunder, and may subject you to civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray Waatcher, its subsidiaries, affiliates, Licensors, co-brand partners and other partners or its or their respective services in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any Waatcher, Licensor, subsidiary, affiliate, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the Site without first obtaining the express written consent of Waatcher, the subsidiary, affiliate, co-brand partner or other partner or Licensor (as applicable).
Waatcher does not guarantee continuous, uninterrupted or secure access to its services or the Site, and the operation of the Site may be interfered with by numerous factors outside or within Waatcher's control.
Waatcher provides a number of different services to assist you in deal shopping for products and services on the Site. Waatcher is paid by merchants or other third parties for listing products and services on the Site and for promotions such as featured merchants, featured products and showcases. Waatcher does not sell, resell or license any of the products listed on the Site, nor is Waatcher acting as an agent of sale, and Waatcher disclaims any responsibility for, or liability related to, such products and services (see Disclaimer of Warranties and Limitation of Liability, below). Any questions, complaints or claims related to any product should be directed to the appropriate merchant or seller. Waatcher does not warrant that product descriptions, pricing, editorial commentary or any other content of the Site, regardless of its source, is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and does not constitute an endorsement by Waatcher of any product, merchant, seller, service, or any reviews or comments thereof regardless of the source of such review or comment. Waatcher assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. user merchant rating, or user product rating) or other content on the Site.
Waatcher can close your account at anytime with or without cause. Waatcher can limit the number of watches and/or buy targets at any time with or without cause. In addition, Waatcher can terminate unlimited watches and/or buy targets at any time with or without cause.
Waatcher may provide links to the sites of third-party merchants, affiliated companies, co-brand partners and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by Waatcher of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. Waatcher is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their web sites. You should carefully review their privacy statements and other conditions of use. Waatcher has no control over the business practices of any third-party merchant or seller, nor does it controlin any way the quality, safety or legality of any item listed on the Site or any business transaction that occurs as a result of products listed on the Site. IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE Waatcher, ITS SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH Waatcher, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE. If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Waatcher disclaims any responsibility for the content of any third party materials provided through or on its Site or other services ("Third Party Content"). Waatcher will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act ("DMCA"), which may include Waatcher removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to Waatcher regarding matters other than informing Waatcher that a party's copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.
To be effective, your infringement notification must include the following:
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
To be effective, a Counter Notification must be a written communication provided to Waatcher's Designated Agent that includes substantially the following:
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and Waatcher will comply with this requirement within a reasonable time (or as otherwise required by law), provided Waatcher's Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Waatcher's network or system.