Last Modified: January 21, 2013
Get Fresh name, Get Fresh logo and all related names, logos, product and service names, designs and slogans are trademarks of Get Fresh or its affiliates or licensors. You must not use such marks without the prior written permission of Get Fresh. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
If you believe that any User Contribution infringes, misappropriates or violates any of your or another persons’ patent, trademark, trade secret, copyright or other intellectual property or other rights, please send notice to us immediately at: firstname.lastname@example.org with the following information: (a) identification of the work claimed to have been infringed, or, if multiple works are covered by a single notification, a list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site; (c) your contact information in case we need to ask you any additional questions or gather more information, such as your email address, telephone number, and/or other information where you might reasonably be reached; (d) an affirmation by you that you have a good faith belief that the use of the work in question is not authorized by the copyright owner, its agent, or applicable law; (e) a statement by you that all of the above (and any other information) you provide in your notification is accurate and that either you are the copyright owner or authorized to act on the copyright owner's behalf, or that you have provided accurate information regarding the relevant copyright owner (including his or her contact information) with whom we may contact. It is the policy of Get Fresh to terminate the user accounts of repeat infringers.
We may update the content on the Site from time to time, but do not represent or warrant that the Site’s content is necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
All third party links and resources we make available on the Site are provided for your convenience only. Such links and resources may include links to our partners’ sites where you may view and purchase products we feature on the Site, as well as links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Site is based in the state of California] in the United States. We provide the Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Users receive points towards products for performing certain activities on the site. A user's points will be displayed on a product leaderboard. Users with the most points, as reflected by a product's leaderboard, may receive that product to test and keep or to try for a designated period. However, Fresh does not guarantee shipment of a product to any user.
One of the principal ways users receive points is by sharing their special link. Users are allowed to post their special links through various social media outlets and on their own blogs.
Fresh reserves the right to disqualify and suspend certain members at any time and for any reason. However, members who do the following are likely to be disqualified and removed from active competitions:
Users who are suspected by the community or by Fresh to be in violation of any of the above rules, may be suspended for a period of time that allows Fresh to determine whether the user has violated any rules (the "Investigation"). At the conclusion of the Investigation and assuming a user is not in violation of the "Rules", Fresh may reinstitute a user's standing on a leaderboard and reinstitute the points a user had prior to Fresh's Investigation.
IN NO EVENT WILL GET FRESH, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Site is operated by Get Fresh, Inc., with a principal place of business at:
181 Fremont St.
San Francisco, CA 94105
All notices of infringement claims should be sent to email@example.com in the manner and by the means set forth herein. All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: firstname.lastname@example.org.Thank you for visiting www.GetFresh.com.
Date of Last Revision: November 14, 2012
As used in this policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our aﬃliates within the United States or internationally.
When you register with us through the Site or Applications to become a Member of fresh, we may ask you for personally identiﬁable information. This refers to information about you that can be used to contact or identify you ("Personal Information"). Personal Information includes, but is not limited to, your name, username, phone number, credit card and other billing information, email address, shipping address, and your friends’ email addresses (which we will only use in order to invite them to use the Service). We may also collect information you supply to us regarding your personal preferences and interests. You can choose not to provide us with any or all of the information we specify or request, but then you may not be able to register with us or to take advantage of some or all of our features. You can register to join Fresh via the Site or Applications or by logging into your account with certain third party social networking sites ("SNS") (including Facebook and Twitter) via our Site. If you decide to create your Account by logging into a SNS via the Site, we may extract the Personal Information you have provided to the SNS (such as your "real" name, email address and other information you make publicly available via the SNS) from the account you have with such SNS and use that information to create your Account; the information we extract may depend on the privacy settings you have with the SNS.
We use your Personal Information mainly to provide the Service and administer your inquiries. We will create your Account for your use of the Site and Applications based upon the Personal Information you provide and you will become a Member of Fresh.
We also collect the other information that you provide as part of registration and the administration and personalization of your proﬁle webpage on Fresh (e.g., without limitation, age and individual preferences) ("Non-Identifying Information").
We use your Personal Information (in some cases, in conjunction with your NonIdentifying Information) mainly to provide the Service, complete your transactions, and administer your inquiries.
Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identiﬁers (for example, combining your zip code with your street address) in a way that enables you to be identiﬁed. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Fresh Users (deﬁned below) to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Site, Applications and Service are used. We may also use the combined information without aggregating it to serve you speciﬁcally, for instance to deliver a product to you according to your preferences or restrictions.
We also use your Personal Information to contact you with Fresh newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or update your "preferences" information. (See "Changing or Deleting Information," below.)
Log Data. When you visit the Site or Applications, whether as a Member or a nonregistered user just browsing (any of these, a "Fresh User"), our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as the browser type or the webpage you were visiting before you came to our Site and Application, pages of our Site and Application that you visit, the time spent on those pages, information you search for on our Site and Application, access times and dates, and other statistics. We may use this information to monitor and analyze use of the Site, Applications and the Service and for the Site and Applications’ technical administration, to increase our Site and Applications’ functionality and user-friendliness, and to better tailor our Site and Applications to our visitors’ needs. For example, some of this information is collected so that when you visit the Site and Application again, it may recognize you and serve advertisements and other information appropriate to your interests. We also use this information to verify that visitors to the Site and Application meet the criteria required to process their requests. We do not treat Log Data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other NonIdentifying Information.
Fresh Users. When you register through the Site and Applications and submit Personal Information to create a proﬁle or visual collection, Fresh Users may see your name. If you choose to provide additional Personal Information in your proﬁle, Fresh Users may see such additional Personal Information, including, but not limited to, your photo, location, website and biography. Providing additional Personal Information is voluntary and should correlate with the degree of interaction you want to have with Fresh Users. We recommend that you guard your sensitive information.
Aggregate Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic proﬁling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
Service Providers. We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Site and Applicationrelated services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Site and Application’s features) or to assist us in analyzing how our Site, Applications and Service are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Social Networking Sites. We may share the information in your account (including your Personal Information) with the SNSs that you have linked to your account. These third parties have access to your Personal Information only for this purpose (unless the SNS has received your Personal Information independently of the Service) and are obligated not to disclose or use it for any other purpose.
Facebook Connect. We allow users to automatically post recent activity back to Facebook, and give them the option to disable Facebook Connect at any time by logging into their proﬁle and selecting the option to disable Facebook Connect. Further, you may be able to edit your privacy settings for the content that you post which appears on Facebook by making selections in your “Edit Proﬁle” settings via the Site and Applications.
Compliance with Laws and Law Enforcement. Get Fresh, Inc. may cooperate with government and law enforcement oﬃcials and private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement oﬃcials or private parties as we believe necessary or appropriate to respond to claims and legal process (including, but not limited to, subpoenas), to protect the property and rights of Get Fresh, Inc. or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.
Business Transfers. Get Fresh, Inc. may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
All Members may review, update, correct or delete the Personal Information in their Account by contacting us or by editing such proﬁle via the Site and Applications. If you completely delete all such information, then your Account may become deactivated. We will use commercially reasonable eﬀorts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.
We may make any legally required disclosures of any breach of the security, conﬁdentiality, or integrity of your unencrypted electronically stored "personal data" (as deﬁned in applicable state statutes on security breach notiﬁcation) to you via email or conspicuous posting on this Site or via the Application in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Our Site and Applications may contain links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our aﬃliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other ﬁles on your computer, collect data or solicit personal information from you. Other sites follow diﬀerent rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
This Site and Applications are not directed to children under 13. We do not knowingly collect personally identiﬁable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at email@example.com. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our ﬁles.