Feedback

 

 

 

SpiffBox Member Agreement

Last updated updated April 29, 2013

1.0 Introduction

Welcome to www.SpiffBox.com and the SpiffBox service (collectively known as the "Site"). The Site is owned and operated by SpiffBox, Inc. ("SpiffBox"), a Delaware corporation with headquarters in Scottsdale, Arizona, USA. By using the Site you agree to be bound by this SpiffBox Member Agreement ("Agreement"), whether or not you register as a member of the Site ("Member"). Please read this Agreement in its entirety. If you object to anything in this Agreement, you may not access or use the Site. To the extent that there are any conflicts between the terms or conditions in any policy incorporated into this Agreement by reference and this Agreement, this Agreement shall govern. We reserve the right, at our sole discretion, to prospectively change, modify, add, or delete portions of this Agreement at any time without further notice. If we do this, we will post the changes to this Agreement on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the modified Agreement. It is your responsibility to regularly check the Site to determine if there have been changes to this Agreement and to review such changes.

2.0 Acceptance of this Agreement

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site. This Agreement includes SpiffBox's Privacy Policy and any notices regarding the Site. By accessing the Site, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. By accessing or using the Site, you consent to have this Agreement provided to you in electronic form. YOU UNDERSTAND THAT BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT THAT BINDS YOU IN THE SAME WAY THAT A PAPER CONTRACT BINDS YOU. ALL USE OF THE SITE AND CONTENT IS SUBJECT TO THE TERMS OF THIS AGREEMENT AND THE POLICIES, TERMS AND INSTRUCTIONS REFERENCED IN THE SITE, WHICH ARE INCORPORATED AND CONSIDERED AS PART OF THESE TERMS. YOU MUST ACCEPT WITHOUT MODIFICATION ALL OF THE TERMS, CONDITIONS, POLICIES AND NOTICES REFERENCED IN THIS AGREEMENT IN ORDER TO ACCESS AND USE THE SITE. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE.

3.0 Eligibility

3.1 Minors are ineligible

The Site is available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. By using the Site, you represent and warrant that you are 18 years of age or older and have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

3.2 Membership is prohibited where disallowed by law

If you live in an area where use of the Site is not permitted by law or redemption of Redeemable Point Credit Value is disallowed, you are prohibited from accessing and using the Site. You shall not use the Site if you are located or reside in a country (a) in which use or participation is prohibited by law, decree, regulation, treaty or administrative act or (b) is prohibited from entering into trade relations with the United States and its citizens or (c) if you are located in a country embargoed by the U.S. or (d) you are on the U.S. Treasury Department's list of Specially Designated Nationals. Such countries currently embargoed by the US are Burma/Myanmar, Cuba, Iran, North Korea, Sudan, and Syria.

3.3 Terminated members are ineligible

If you have been terminated by SpiffBox for any reason, you are ineligible for Membership. If you self-terminate per Section 11.3, you may reactivate your Account at any time provided you accept the then current SpiffBox Member Agreement and Privacy Policy at the time of your reactivation.

3.4 Non-commercial use by Members.

The Site is for the personal use of individual Members and every Account must represent an individual. Individuals may use the Site to help promote themselves but this would be as an individual not as a business entity. Organizations, companies, and/or businesses may not become Members and should not use the Site for any purpose. Illegal and/or unauthorized uses of the Site, including collecting information of Members by electronic or other means for the purpose of sending unsolicited message and unauthorized framing of or linking to the Site may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Site is with the permission of SpiffBox, which may be revoked at any time, for any reason, in SpiffBox's sole discretion.

3.5 Single account eligibility

Should you access and use the Site, you agree to maintain a single account on the Site unless approved in writing by SpiffBox. SpiffBox does this to prevent fraud and to maintain an environment of honesty. If SpiffBox determines, in our sole discretion, that you may have more than one account on the Site, we maintain the right to block or terminate your account(s) immediately and to not redeem your points. SpiffBox also reserves the right to take legal action against you for fraud. SpiffBox reserves the right to assess compliance with this requirement by checking for unique IP addresses, message addresses, mailing addresses, and/or any other information tied to your Account including but not limited to monitoring your communications.

3.6 Member representation

You may only use the Site if you are the person who registered for the Site and if posted, you are the person whose face is depicted in the Primary Photograph (defined as the photograph which appears in your public profile). You may not allow other people to use your password and login to access the site and / or to communicate with other Members. You will not transfer your Account to other people. You will not provide any false information on SpiffBox (including but not limited to your location) or create an account for anyone other than yourself unless you have written permission from SpiffBox. SpiffBox reserves the right to verify your identity. If SpiffBox determines, in our sole discretion, that you may have breached these rules, we maintain the right to block or terminate your account(s) immediately and to not redeem your points. SpiffBox also reserves the right to report you to the legal authorities for fraud.

3.7 Other eligibility restrictions

If you are required by law to register as a sex offender in any jurisdiction, you are prohibited from using the Site, unless otherwise approved in writing by SpiffBox at its sole discretion. You may not use SpiffBox if you are an incarcerated prisoner at a jail, prison or other correctional facility.

3.8 SpiffBox conducts no background checks on Members

Please note that SpiffBox does not conduct background checks on Members and that you should use appropriate discretion in interacting with other Members.

4.0 SpiffBox service description

4.1 Service definition

The main purpose of SpiffBox is to provide a platform for registered Members to communicate and interact in a social forum in a timely manner. You may accumulate points through received communications and then use your points to initiate communication with other Members or may redeem them for US dollars at the minimum level of earned points. Points have no cash or other value until redeemed. The core element of the Site is basic social communication with other Members through such features as Wink, Messaging (Custom and Popular) Chat, Friending, Photo Sharing, Video Clip Sharing, Comments, Phone Call, Live Video Appearance and Photo Galleries. Once registered as a Member, your use of the Site is entirely optional and at your discretion within the terms of this Agreement. SpiffBox does not control the content and representations of communications between Members. Accordingly, SpiffBox is not responsible for any representations, warranties, opinions, professional counsel, advice, offers, promises and other statements made through the Site or otherwise by Members. However, SpiffBox may screen, copy, store, analyze, transmit and review all communications conducted by or through the Site for technical support, to uphold the terms of this Agreement and to comply with governmental / legal requests including subpoenas.

4.2 Point and point balance definitions

There are three types of point balances on the Site:
(i) "Account Value" is defined as the total number of points that are available to initiate communication with other Members. Account Value is equal to the sum of promotional points, SpiffOffers points, purchased points, and earned points, minus point debits related to your initiating communication with other Members and any point redemptions and related fees. Adjustments and/or chargebacks may impact your balances as well. Account Value appears in the upper right corner of every page when you are logged in to the Site.
(ii) "Point Credit Value" is defined as the total value of earned points in a calendar year. Promotional points, SpiffOffer points and purchased points are not included in Point Credit Value. Adjustments and/or chargebacks may impact your balances as well.
(iii) "Redeemable Point Credit Value" is defined as the total value of earned points, minus any point debits related to your initiating communication with other Members and any point redemptions and related fees. This is the amount of points that are eligible for redemption once the minimum value is achieved per Section 8.3. Adjustments and/or chargebacks may impact your balances as well.
(iv) "Promotional points" are defined as points that SpiffBox grants to Members for completing actions on the site. Examples may include posting updates or posting a primary photo. These points may be used for communication but are not redeemable.
(v) "SpiffOffer points? are points that Members get from responding to offers such as taking surveys or taking a merchant offer.
(vi) "Purchased points" are points that Members buy from SpiffBox with US dollars.
(vii) "Earned points" are defined as point credits gained through communication with other Members by such features as Credit Custom Messaging, Credit Popular Messaging, Friend Invite Acceptance and Friend Invite Extension Acceptance, and initial views of your Photo Galleries, initial views of Video Clips, Phone Call Invite and Completion and Live Video Appearance Invite and Completion.

4.3 Wink

You may send other Members short, pre-determined messages known as "winks". SpiffBox reserves the right to limit the amount of winks you may send other Members. Winks neither debit nor credit your Account Value, Point Credit Value or Redeemable Point Credit Value. Members have the option to deactivate winks from their account.

4.4 Messages

You may send other Members messages within the internal SpiffBox messaging system. There are two types of messages: Custom Messages and Popular Messages. A Custom Message is defined as a message where the initiating party will have the capability to input a unique question. A Popular Message is defined as a pre-determined message that an initiating party selects. For definition purposes, both Custom Messages and Popular Messages as a group are defined as a ?message? or ?messages?. A message exchange consists of two legs: initiating the message and replying to that original message. Should you initiate a new message exchange with another Member (defined as a Debit Message), your Account Value will be debited. Pursuant to Section 5.4, your Redeemable Point Credit Value may also be debited. Should you reply to a message initiated by another Member (defined as a Credit Message), your Account Value, Point Credit Value and Redeemable Point Credit Value will be credited with earned points.

All Debit Message point debits are final. You may request a refund of points if the addressed Member does not respond with 14 days. You must request a refund of points within 30 days of the end of the 14 day period or you may no longer be eligible for a point refund per SpiffBox?s discretion. If you delete a Credit Message prior to replying, you will not have the opportunity to respond and will therefore not be eligible to receive earned points. Additionally, if a Member should block you from contacting him/her prior to your responding to a Credit Message or the Member's account is terminated, you will not have the opportunity to reply and therefore will not be eligible to receive earned points. Additionally, SpiffBox reserves the right to limit the amount of Debit Messages you may send at a single time, in total or to a specific Member.

4.5 Friend

You may invite other Members to become your Friend ("Friend Invite"). You may also extend Friendship by inviting an existing Friend to an additional term of Friendship ("Friend Invite Extension"). If you initiate a Friend Invite or Friend Invite Extension, your Account Value (and potentially your Redeemable Point Credit Value per Section 5.3) will be debited. If the other Member declines your invitation or does not respond within 7 days, your Account Value (and potentially your Redeemable Point Credit Value per Section 5.3) will be credited and the Friend transaction will be canceled. You may accept, decline or choose not to respond to a Friend Invite or Friend Invite Extension from another Member. Should you decline or not respond within 7 days, you will receive no point credit to your accounts. If you accept the Friend invite, you will receive earned points and your Account Value, Point Credit Value, and Redeemable Point Credit Value will be credited. Upon acceptance, the term of being a Friend (known as Friendship) will be 365 days or will include an additional 365 days in the case of a Friend Extension. You are limited to a maximum term of 3,650 days (10 terms of 365 days each) of Friendship at any time. Once you become Friends with another Member, you cannot cancel and it will run until the term of the Friendship expires or until either you or the other Member terminates his/ her account. Only the original inviting party has the right to extend Friendship during the term of Friendship. As a Friend you have the option to view your Friend's updates, Friends photo gallery (if created), and additional profile information, which may be made private from viewing by other non-friended Members. A Friend is not obligated to maintain or post updates, post photos in their Friend photo gallery, or provide additional personal information. Additionally, a Friend can change and remove the aforementioned information at any time at his/her discretion. SpiffBox reserves the right to limit the amount of Friend Invites or Friend Invite Extensions you may send or accept in total or to a specific Member.

4.6 Chat

You may Chat with other Members within the internal SpiffBox messaging system. You may invite other Members to Chat or they may invite you. If you invite another Member to Chat, the Member may accept your invitation, decline your invitation or choose not to respond. If you invite another Member to Chat and the other Member accepts and types a response, your Account Value (and potentially your Redeemable Point Credit Value per Section 5.3) will be debited. If the other Member declines your invitation or does not respond, your Account Value (and potentially your Redeemable Point Credit Value per Section 5.3) will be not be debited. If you are invited to Chat and you accept and type a response, you will receive earned points and your Account Value, Point Credit Value, and Redeemable Point Credit Value will be credited. If you are invited to Chat and you decline or do not respond, there will be no impact on your point values. There is no mandatory time length of a Chat and the session may be terminated at any time by either party after the Chat is accepted with no refunding of points.

The ability of your computer to support the Chat application depends on several conditions including having an updated version of Adobe Flash installed on your computer. SpiffBox does not represent or guarantee that all Members will have the ability to use Chat. Additionally, you may have the ability to Chat with more than one Member at a time but again SpiffBox does not represent or guarantee that this will be the case with your computer or Account. Each Chat will be with a single Member; SpiffBox does not support group Chat which is defined as the ability to include three or more Members in a single Chat session.

Should either the inviter or invitee disconnect from Chat for whatever reason, both will have the ability to reconnect within 4 minutes without further debit or credit to their Account Value, respectively. Should either the inviter or invitee disconnect from the Chat application for whatever reason and should more than 4 minutes then elapse, there will be a new debit and credit required to Chat again. Such communication will be treated as a new Chat transaction.

4.7 Photograph galleries

There are two types of Photograph Galleries: the Friend Photograph Gallery and Regular Photograph Gallery. You may post up to 10 photographs in your Friend Photograph Gallery and other Members will be able to see this gallery only if you are Friends.

Additionally, you may post up to 10 photographs each in up to 20 Regular Photo Galleries in your Profile. The act of posting photographs in Regular Photo Galleries constitutes an acceptance of the terms of viewing. A Member has the right to view your photo gallery if he or she agrees to the viewing conditions clearly posted prior to initial acceptance which include the debiting of his Account Value. Upon the initial viewing of each of your photo galleries by another Member, your Account Value, Point Credit Value and Redeemable Point Credit Value will be credited. Such Members will have permanent access to the photo gallery viewed thereafter until your account is terminated or is blocked by SpiffBox. You may change the content of your photo galleries at any time and you are not obligated to maintain your photo galleries for those Members that have already viewed such galleries. Should you agree to view the photo gallery or galleries of another Member, you Account Value (and possibly your Redeemable Point Credit Value per Section 5.3) will be debited per photo gallery viewed. You will have only the right to view the photos and do not own or have the right to copy or reuse such photos. The minimum amount of photos in a single photograph gallery is one photo. Before you agree to initially view a photo gallery, you will be informed of the number of photos in such gallery and make your decision to view the photograph gallery accordingly.

All photos including those in the photo galleries are subject to the SpiffBox Photo Policy per Section 12.

4.8 Service is not encrypted

Communications between Members are not encrypted and thus may be subject to unauthorized interception and monitoring. Accordingly, SpiffBox urges you to refrain from sharing any private, confidential, or financial information in your communications with other Members.

4.9 Member blocking

You have the general ability to view the basic profile or contact any other Member on the Site, should you have sufficient Account Value. However, other Members have the ability to hide their profile or photo and to block some or all communications from you. Others Members can block you at any time for any reason. You also have the ability to block other Members at your discretion. However, you cannot block a Member who is a Friend. If you are experiencing problems with a Member, whether a Friend or not, please notify us at contact@spiffbox.com. SpiffBox also reserves the right to block you from communicating with any or all Member(s) at any time for any reason per Section 11.7.

4.10 Posting a Comment

You may post a Comment to other Members updates. Each comment will be limited to 50 characters and be visible only by you and the Member on whose updates you have commented. You may also post a Comment to Group pages but you must be a Member of such group to post.

If you post a Comment, your Account Value will be debited. All Comment point debits are final. Comments cannot be replied to with further comments by the Member whose updates you have commented on. You will not use Comments as a proxy for message. Additionally, SpiffBox reserves the right to limit the amount of Comments you may send at a single time, in total or to a specific Member. Pricing may differ for Update Comments and Group Comments.

4.11 Tell a Friend

You may invite other people who are not yet Members of SpiffBox to join SpiffBox. SpiffBox provides a Tell a Friend feature to allow you to invite other people through an message invitation sent from SpiffBox but mentioning you as the inviter. You must have a relationship with the individual you are inviting and agree not to use this product to spam or solicit people you do not know. SpiffBox complies with the United States CAN SPAM Act and will terminate your membership should you abuse this feature. You may receive promotional points by using the Tell a Friend product but only if 1) you check the box to request credit and 2) the invited Member completes the signup process, uses the same message to sign up as was provided in the Tell a Friend communication, and posts an approved photograph. You may not game this system and if SpiffBox determines that you have used this product to breach the Member Agreement you will be terminated. You may not invite a person who has already been invited by another Member. The Member who first invites a person will receive credit should that person signup and post a photo. SpiffBox reserves the right to limit the number of successful invite registrations for which you will receive credit, which is currently 20 successful registrations.

4.12 Phone Call feature

You may communicate with other Members through the SpiffBox Phone Call feature. To initiate a Phone Call communication with a designated member, you must complete the Phone Call request form which must include your full name, a United States of America based phone number, your time zone and the requested time for the phone call within the parameters of the designated member's state schedule. The Phone Call feature allows a requesting member (defined as the "requesting member") to receive a phone call of a pre-determined time amount to a United States based wireline or mobile phone (defined as a US based phone number regulated under NANPA under the 1+ numbering plan) from another member (defined as the "Calling Member") at a predetermined scheduled time window.

Should you initiate a Phone Call request with another Member (defined as a Debit Phone Call), your Account Value will be debited. Pursuant to Section 5.4, your Redeemable Point Credit Value may also be debited. The amount of points to be debited will be clearly displayed on the request page. As the calling member, should you complete a Phone Call request and mark the Phone Call as completed on the Settings page (defined as a Credit Phone Call), your Account Value, Point Credit Value and Redeemable Point Credit Value will be credited with earned points.

The requesting member must provide a concise scheduled time for the calling member to make the phone call adhering to the scheduled posted on the calling members calling profile. The requesting member must be available by phone during his/ her predetermined scheduled time window. The calling member will make at least two attempts to reach the requested member during the scheduled time window and if the requesting member does not answer the phone call, the requesting member agrees that a voicemail from the calling member is sufficient replacement for a completed phone call. If the requesting member does not have voicemail, then two phone call attempts of at least 6 ring cycles each during the scheduled time window requested by the requesting member (within the calling member's stated schedule) is considered sufficient substitute for a completed phone call.

The calling member will call the requesting member from a US based wireline or mobile phone number that has been manually blocked (e.g., using *67) or other available means to block the caller ID from passing. If the calling member mistakenly passes his/ her phone number through to the requesting member, SpiffBox bears no responsibility for this and for subsequent happenings. If under such circumstances, the requesting party calls the calling party outside the confines of the Phone Call feature, the requesting party may be terminated from SpiffBox.

SpiffBox strongly encourages the requesting member to use a landline phone to receive the Phone Call to prevent any technical / network issues from preventing completion of the call. Both the requesting member and the calling member are responsible for the cost of making the phone call with their landline or mobile service providers - SpiffBox will not reimburse or pay for these costs.

There are no refunds provided for the Phone Call feature for any reason. SpiffBox, however, reserves the right to re-credit points to the requesting member's SpiffBox account if under SpiffBox's sole discretion, the calling member did not complete the phone call to the expected duration or did not attempt to complete the call within a two week period from the initial call request.

The calling party is required to maintain and produce to SpiffBox billing records of the phone call should a dispute arise as to the completion of the call and/or the length of the call. If SpiffBox receives a dispute from a requested member, SpiffBox reserves the right to delay or reverse the crediting of the calling member's SpiffBox account. SpiffBox also reserves the right to refuse to process a credit to a calling member's account if the calling member cannot prove that he/ she made a good will effort to contact the requesting party within the designated time frame.

The calling party may terminate the call immediately if the requested party is verbally abusive and/ or uses profane or sexually suggestive or other language deemed inappropriate. Neither the requesting member nor the calling member may record the phone call, broadcast the phone call (via the internet, television, or radio), conference in other parties to participate on the call, or transcribe and share the contents of the call.

You may become a calling member only if SpiffBox has validated your SpiffBox account and approves your candidacy to be a calling member. SpiffBox may rescind this privilege at any time. The Phone Call feature is not available to non-residents of the Unites States.

The requesting member consents to share his phone number with SpiffBox and the calling party. SpiffBox will share the requesting party's phone number only with the calling party; however, the requesting member must understand that the calling party could, through no fault of SpiffBox, share his phone number in the public domain. The calling member may not share the requesting member's number or contact the requesting member outside the confines of the SpiffBox Phone Call feature. The requesting party understands this risk by providing his/ her phone number to SpiffBox and the calling party.

4.13 Live Video Appearance feature

You may communicate with other Members through the SpiffBox Live Video Appearance feature.

The Live Video Appearance feature allows a requesting member (defined as the "requesting member") to receive a live video call (with streaming video and voice) to a computer via a high speed internet connection of a pre-determined amount of time from another member (defined as the "Calling Member"). SpiffBox allows a Calling Member to conduct a Live Video Appearance via online video calling products that are standard on the internet. SpiffBox has no affiliation with any other video calling product company or hardware manufacturer. To conduct a Live Video Appearance both the requesting party and the calling party must have the same video calling product installed on their computers and a high-speed internet connection of at least 384 kbps. SpiffBox is not responsible for any costs incurred for internet bandwidth, computer use, webcam costs or any other costs related to this feature. These costs are the sole responsibility of the requesting member and the calling member. SpiffBox is not responsible for the quality of the Live Video Appearance and the requesting member understands that as this is an internet video calling product that there is a possibility that the video may be slow and that there is a possibility that the video call may drop, and that it will be his/ her responsibility to optimize his computer and network to properly handle internet video calls.

To initiate a Live Video Appearance request with a designated member, you must complete the Live Video Appearance request form which must include your full name, a valid screen name of the video calling product designated on the request form, your time zone and the requested time for the Live Video Appearance within the parameters of the designated member's state schedule. We strongly urge you to put in a valid US PSTN (landline or mobile) phone number in case there are any issues regarding the Live Video Appearance call setup or if the video call drops and needs to be reconnected.

Should you initiate a Live Video Appearance request with another Member (defined as a Debit Live Video Appearance), your Account Value will be debited. Pursuant to Section 5.4, your Redeemable Point Credit Value may also be debited. The amount of points to be debited will be clearly displayed on the request page. As the calling member, should you complete a Live Video Appearance request and mark the Live Video Appearance as completed on the Settings page (defined as a Credit Video Appearance), your Account Value, Point Credit Value and Redeemable Point Credit Value will be credited with earned points.

To complete a Live Video Appearance session, the requesting member must use the video calling product designated on the Calling Member's request form to conduct a Live Video Appearance. The requesting member must provide a concise scheduled time for the calling member to make the Live Video Appearance adhering to the scheduled posted on the calling members calling profile. The requesting member must be logged into his/her designated video calling account at the designated time of the call and accept the contact request from the calling member prior to the video appearance. The requesting member does not need to have a webcam but must have a fast internet connection of at least 384 kbps on his computer and a computer that has a enough CPU and memory to properly handle live internet video. He/she must also have speakers enabled on his computer and for two way voice, a microphone available. Live Video Appearances should not be conducted via wireless phones given quality of service issues on wireless networks (mobile phones and Wifi).

The calling member will make at least two attempts to reach the requested member at the scheduled time via ive video call. The requesting member has the option to provide a valid US phone number for the calling party to use to contact him/ her should there be technical problems setting up the Live Video Appearance. If the video call drops for any reason, both parties will make reasonable efforts to reconnect the video call.

If the requesting member does not answer the video call at the designated time or the screen name is wrong or does not appear online, he/ she agrees that a live phone call to a US phone number by the Calling Member (with caller ID blocked) of the same duration will be sufficient replacement for a Live Video Appearance. If the requesting member does not provide a valid US phone number or does not answer the phone at the appointed/ requested time under the above situation, SpiffBox reserves the right to consider the Live Video Appearance as completed. If for some reason, either party is unable to complete the duration of the video call and no substitute phone call has been completed, SpiffBox, at its own discretion, reserves the right to 1) consider the Live Video Appearance as completed for purposes of billing and payment or 2) offer the Calling Member the option to redo either a Video Appearance or live phone call to receive proper credit to his / her account or 3) Cancel the Live Video Appearance and return the points to the requesting member.

If the calling member initiates a substitute live phone call to requesting member, he must do it from a US based wireline or mobile phone number that has been manually blocked (e.g., using *67) or other available means to block the caller ID from passing. If the calling member mistakenly passes his/ her phone number through to the requesting member, SpiffBox bears no responsibility for this and for subsequent happenings. If under such circumstances, the requesting party calls or messages the calling party outside the confines of the Live Video Appearance feature (by phone or video or internet), the requesting party may be terminated from SpiffBox. SpiffBox strongly encourages the requesting member to use a landline phone to receive a substitute live phone call to prevent any technical / network issues from preventing completion of the call. Both the requesting member and the calling member are responsible for the cost of making the Live Video Appearance with their landline or mobile service providers - SpiffBox will not reimburse or pay for these costs.

SpiffBox is not obligated to provide a refund for the LiveVideo Appearance feature for any reason. SpiffBox, however, reserves the right to re-credit points to the requesting member's SpiffBox account if under SpiffBox's sole discretion, the calling member did not complete the Video Appearance to the expected duration or did not attempt to complete the call within a two week period from the initial call request.

The calling member and requesting member are required to maintain and produce to SpiffBox records of the video call should a dispute arise as to the completion of the video call and/or the length of the call. If SpiffBox receives a dispute from a requested member, SpiffBox reserves the right to delay or reverse the crediting of the calling member's SpiffBox account. SpiffBox also reserves the right to refuse to process a credit to a calling member's account if the calling member cannot prove that he/ she completed the Live Video Appearance or made a good will effort to contact the requesting party within the designated time frame or did not adhere to the rules of the Member Agreement.

The calling party may terminate the Live Video Appearance immediately if the requested party is verbally abusive and/ or uses profane or sexually suggestive or other language deemed inappropriate. Neither the requesting member nor the calling member may record the Live Video Appearance, broadcast the Live Video Appearance (via the internet, television, or radio), or transcribe and share the contents of the call. The requesting member may show the live Live Video Appearance to a audience at the time with approval from the calling member.

You may become a calling member only if SpiffBox has validated your SpiffBox account and approves your candidacy to be a calling member. SpiffBox may rescind this privilege at any time.

If the requesting member shares his phone number with SpiffBox and the calling party, he does so with full consent. SpiffBox will share the requesting party's phone number only with the calling party; however, the requesting member must understand that the calling party could, through no fault of SpiffBox, share his phone number in the public domain. The calling member may not share the requesting member's number or contact the requesting member outside the confines of the SpiffBox Live Video Appearance feature. The requesting party understands this risk by providing his/ her phone number to SpiffBox and the calling party.

If the requesting member shares his video calling screen name with SpiffBox and the calling party, he does so with full consent. SpiffBox will share the requesting screen name only with the calling party; however, the requesting member and calling member must understand that the either party could, through no fault of SpiffBox, share his/ her screen name in the public domain. Both parties may not share the requesting member's number or contact the requesting member outside the confines of the SpiffBox Video Appearance feature and the scheduled transaction. The requesting party understands this risk by providing his/ her video calling screen name to SpiffBox and the calling party.

4.14 Video Clips

You may post up to 1 Gigabyte of video clips to your profile. You must be approved by SpiffBox prior to having the ability to post video clips. The act of posting video clips constitutes an acceptance of the terms of viewing. A Member has the right to view your video clips if he or she agrees to the viewing conditions clearly posted prior to initial acceptance which include the debiting of his Account Value. Upon the initial viewing of each of your video clips by another Member, your Account Value, Point Credit Value and Redeemable Point Credit Value will be credited. Such Members will have permanent access to the video clips viewed thereafter until your account is terminated or is blocked by SpiffBox. You may change the content of your video clips at any time and you are not obligated to maintain your video clips for those Members that have already viewed such video clips. Should you agree to view the video clips of another Member, your Account Value (and possibly your Redeemable Point Credit Value per Section 5.3) will be debited per photo gallery viewed. You will have only the right to view the video clips and do not own or have the right to copy or reuse such video clips. You may upload video clips for which you own copyright or your have written permission to post.

4.15 Digital Memorabilia

SpiffBox provides Members the ability to emboss message responses on images that are then PDF?d and emailed to the Member. This product is defined as Digital Memorabilia. Members may print, store, or share the Digital Memorabilia. SpiffBox may also work through third parties to provide Members the benefit of framing the Digital Memorabilia. SpiffBox owns all rights to the Digital Memorabilia and the Member may not resell or otherwise profit from the Digital Memorabilia. SpiffBox is not responsible for the content of the Digital Memorabilia.

SpiffBox reserves the right to limit the crediting and debiting of account points for Digital Memorabilia to certain Members. Members have the right to opt out of having their account credited for Digital Memorabilia prior to responding to any message and/or in the Settings section. Members have the option of selecting Digital Memorabilia in advance of a message reply. The Member may also have the option to select Digital Memorabilia based on the response. Debit values may vary for different Digital Memorabilia backgrounds and the Member will be informed in advance of the debit amount required. Members who request the generation of Digital Memorabilia will have their account value debited by a designated amount which will be disclosed prior to the transaction. Pursuant to Section 5.4, your Redeemable Point Credit Value may also be debited. In the case of a Member selecting a Digital Memorabilia background in advance, if the contacted party does not reply, the Member will have the ability to request a recrediting of points after 14 days for a period of 30 days thereafter. Members whose Credit Message response becomes Digital Memorabilia will have their Account Value, Point Credit Value and Redeemable Point Credit Value credited a designated amount of points.

4.16 Digital Signature

Members may request a Digital Signature to be embossed on Digital Memorabilia. There may be an additional point debit value required for a Digital Signature at the discretion of the contacted Member. The point debit value will be clearly displayed in advance of any transaction. If the contacted Member does not reply to the message after 14 days, then the contacting party will have the ability to request a recrediting of points which must be done within 30 days. All Members must note that this would be a digital and not real, in person signature. A Digital Signature is a photoshopped image of an original signature.

4.17 Twitter Messaging Product

Members consent to the linking of their public Twitter account to the SpiffBox service and the SpiffBox mobile app service OnPik ("OnPik") for purposes of the display of their Tweets on electronic photographs "Twitter Photo Messages". SpiffBox does not require private access to Member Twitter accounts and there is no requirement for Members to provide their login information. SpiffBox may require the verification of a Member's Twitter account in order for public linking on SpiffBox and OnPik. SpiffBox and OnPik may offer the Twitter Photo Messages for free. There may be an opportunity to generate revenue through the sale of photos and other premium products tied to the Twitter Photo Messages on OnPik. The Member will be subject to and remunerated for premium products according to the OnPik Terms.

4.18 Custom and Popular Messaging via OnPik

Members consent to offering and potential sale of their Popular and Custom Messages through SpiffBox's mobile application OnPik under the terms in this Agreement.

5.0 SpiffBox Pricing and Credit / Debit Methodology

5.1 Credit / debit methodology

SpiffBox's communication model is based on a point credit and debit system. A credit is a point addition to your Account Value, Point Credit Value, or Redeemable Point Credit Value. A debit is a point subtraction to your Account Value and possibly Redeemable Point Credit Value. To establish a positive balance, you must purchase points; earn points by replying to Credit Messages from other Members; accepting Friendship Invites or Friendship Extension Invites; having your photo galleries first viewed; accepting Chat invites and responding; earn points by completing a Phone Call request; earn points by completing a Live Video Appearance; receive SpiffOffers point credits by completing offers (see Section 7.0); or by receiving promotional points from SpiffBox. To initiate a Debit Message, establish a Chat session, send a Friend Invite or Friend Invite Extension, post a Comment, request a Phone Call, request a Video Appearance, or view another Member's photo galleries, your Account Value (and possibly Redeemable Point Credit Value) will be debited. Your Account Value, Point Credit Value, and Redeemable Point Credit Value will be credited when you respond to communication requests or your photo galleries are first viewed by other Members. Note that you are not required to maintain points in your Account Value or Redeemable Point Account Value to be a Member.

5.2 Joining SpiffBox is free

You may join SpiffBox for free. You may also create a profile and post photos that may be viewable by other Members for free. You can generate points credits for free by a) replying to a Credit Message if received; b) accepting a Friend Invitation or Friend Invite Extension; c) accepting a Chat invite and typing a response d) having your photo gallery initially viewed by another Member e) responding to offers in SpiffOffers f) receiving promotional points by completing actions on the site g) completing a Phone Call request h) completing a Live Video Appearance request. You may use certain, but not all, elements of the Site for free. Should you maintain a point balance, you are subject to an Account Maintenance Fee per Section 5.9.

5.3 Credit point process

Your Account Value will be credited if you respond to a Credit Message, accept a Chat Invite and type a response, accept a Friend Invite or Friend Invite Extension from another Member, complete a Phone Call request, complete a Live Video Appearance requestor or if another Member agrees to first view one of your photo galleries. Such earned points will also accrue to your Point Credit Value and Redeemable Point Credit Value.

Promotional points, purchased points, and SpiffOffer points will accrue only to your Account Value credit and not to your Redeemable Point Credit Value. In addition to initial promotional point grants upon registration, Section 5.7 outlines how you may receive such promotional points.

For an understanding of your relative point balance, please visit the links at More, Settings, Account Value Detail.

5.4 Credit point pricing methodology

There are two types of credit point pricing methodologies: standard and custom. Standard credit point pricing is the default pricing on all SpiffBox accounts - when first registering for SpiffBox all accounts are set to default pricing. See Section 5.6 and 5.7 for pricing values.

Some Member profiles may have custom pricing, which is defined as pricing that is different than that of standard pricing, within such limits as described below. To be eligible for custom pricing, you must first apply to SpiffBox through More, Change Pricing page or be approved by a senior SpiffBox executive in writing. You may be required to validate your account through such methods as mobile text, live phone call and/or other methods. SpiffBox reserves the right to deny Members the ability to have custom pricing for any reason at our discretion.

You may set custom prices for credit point transactions only for your own account. You may set credit point transaction prices only for the following features: Credit Message, Friend Invite Acceptance, Friend Invite Extension Acceptance, Chat, Phone Calls, Live Video Appearances, Video Clip Initial View, and Photo Gallery Initial View. You may not set credit point prices for Comments, Posting Updates or any other features. You may not set debit point transaction prices for your or any other account. Under custom pricing methodology, debit point transaction prices are calculated by dividing the credit point transaction price by 0.7 and rounding up to the next whole number.

You may change your custom pricing no more than once every 2 days for each feature unless SpiffBox allows you otherwise.

SpiffBox may allow modifications to the maximum pricing above but only through special situations, which may include but not be limited to further verification of your account. If you are interested in doing so, please contact SpiffBox at contact@spiffbox.com.

If SpiffBox determines that you have made attempts to misrepresent your custom pricing or have abused this capability, SpiffBox may disallow you from using this feature and / or terminate your account.

5.5 Debiting point process

Your Account Value will be debited if you initiate messaging contact with another Member (Debit Message), invite a Member to become your Friend or extend Friendship (Friend Invite or Friend Invite Extension), invite and then establish a Chat session with another Member, agree to first view another Member's photo gallery, agree to first view another Member's Video Clips, Post Comments, initiate a Phone Call request or initiate a Live Video Appearance request. Point debits will be first taken from promotional points you may have received from SpiffBox. If there are no promotional points in your point balance, then SpiffBox will debit points that you have received by completing SpiffOffers (see Section 7.0). If there are no SpiffOffers points in your point balance, then SpiffBox will debit points that you have purchased from SpiffBox. If there are no purchased points in your Account, then SpiffBox will debit points from your Redeemable Point Credit Value. For an understanding of your relative point balance, please visit the links at SpiffCenter, Redeem Points, Calculate Your Redeemable Points.

5.6 Debiting point account pricing

You will be informed of debit pricing through a disclosure prior to any debit transaction with the exception of Posting Comments. Please review these disclosures carefully as all debit transactions are final. There are two types of pricing methodologies: standard and custom. All Members have standard pricing upon registration, which is defined as pricing that SpiffBox presets as listed below, upon completing their registration. Some Members may be eligible for custom pricing which is defined as the ability for the account owner to set their prices either higher or lower than standard pricing. There will be upper and lower limits to custom pricing. SpiffBox, in its sole discretion, may determine who is eligible for custom pricing with such determining factors including residency and level of Member account verification. SpiffBox may revoke a Member's ability to have custom pricing at any time for any reason.

If you initiate a debit transaction with a Member who has standardized pricing, your points may be debited from Account Value and possibly Redeemable Point Credit Value as follows:

 Standard Debit Pricing
Debit message10
Friend invite5
Friend invite extension5
Chat invite and invitee acceptance40
First view of another Member's Regular Photo Gallery10
First view of another Member's Video Clip50

Note that there is no standard pricing for a Debit Phone Call or Debit Video Appearance and that pricing will be clearly displayed for Members prior to conducting a transaction.

If you initiate a debit transaction with a Member who has customized pricing, your points will be debited from Account Value and possibly Redeemable Point Credit Value as described on the disclosure section which will be clearly visible prior to any transaction. You will not be informed of whether a Member has standardized or customized pricing; however, you will be informed of the actual debit transaction price for the feature prior to a transaction. Please review the disclosure statement and point requirement prior to all debit transactions; you will have the ability to abandon the transaction with no point debits easily should you not agree to the debit pricing.

Note also that Posting Comments to another Member's updates is not changeable and is priced as follows:
Posting Comment: 10 points

Note also that Posting Group Comments is not changeable and is priced as follows:
Posting Group Comment: 2 points

5.7 Credit point pricing values

a) Standard credit point pricing is described below:

Standard Credit Pricing
Credit message7
Friend invite acceptance3
Friend invite extension acceptance3
Chat invite acceptance28
First view of a single Regular Photo Gallery7
First view of a single Video Clip35

b) Custom credit point pricing is described below:

MinimumMaximum
Credit message07000
Friend invite acceptance0350
Friend invite extension acceptance0350
Chat invite acceptance142000
First view of a single Regular Photo Gallery070
First view of a single Video Clip10700

SpiffBox may set prices above the Maximum should you have written approval. Note that you may not set custom prices above Standard Pricing levels if your account has not been approved and validated by SpiffBox. You may request validation approval on the More, Settings, Change Pricing page.

Note that credit points pricing for Phone Calls may be set in writing between the Member and SpiffBox.

c) Posting Updates on SpiffBox Home page Daily update posting while linked to Facebook and/ or Twitter: 10 promotional points credited to your account. Limited to 2000 total points.

SpiffBox reserves the right to discontinue this promotion at any time. You may not change this promotional offering amount.

d) Tell a Friend Tell a Friend successful registration: 25 promotional points

This offer is limited to 20 successful registrations with approved photographs. SpiffBox reserves the right to discontinue this promotion at any time. You may not change this promotional offering amount.

e) Posting an approved primary photograph on your profile: 25 promotional points

SpiffBox reserves the right to discontinue this promotion at any time. You may not change this promotional pricing.

f) Facebook Application or Facebook Connect Account Linking: 25 promotional points

You may receive point credits for only of one of the above, not both. SpiffBox reserves the right to discontinue this promotion at any time. You may not change this pricing.

g) Credit Phone Call: Note that your account will be credited by the amount set on the Change Credit Communication Transaction Pricing page, found at More, Settings, Change Pricing. You will be notified of the credit pricing when you receive an message notification and may view the credit pricing on your Phone Call page within Settings. Your will be credited only when you complete the Phone Call and request Credit on the Settings, Phone Call page. You have the right to reject the Phone Call request and no points will credit to your account.

h) Credit Live Video Appearance: Note that your account will be credited by the amount set by you on the Change Credit Communication Transaction Pricing page, found at More, Settings, Change Pricing. You will be notified of the credit pricing when you receive an message notification and may view the credit pricing on your Phone Call page within Settings. Your will be credited only when you complete the Live Video Appearance and request Credit on the Settings, Phone Call page. You have the right to reject the Live Video Appearance request and no points will credit to your account.

5.8 All point debits are final

All point debits (Debit Message, Chat Invite and Invitee Acceptance, Friend Invite and Friend Extension Invite, View Gallery, Posting Comments, Debit Phone Call, Debit Video Appearance) are final. You cannot reverse these debits for any reason including, but not limited to, no response, changing your mind, termination of the other Member's membership, blocking, hiding profile, and deletion of a photo gallery (please see Section 5.18 for an explanation of recrediting points for no response of a debit message after a 14 day period). Note that should your Friend Invite and Friend Extension Invite not be accepted within 7 days, the debited amount will be returned back to your Account Value and the original transaction will be canceled.

If you believe that SpiffBox made a billing mistake on your account, please contact us at contact@spiffbox.com. To report a potential credit / debit point issue on your account, you must contact SpiffBox customer service within 45 days of the relevant transaction. SpiffBox is not obligated to correct any errors that are more than 45 days old.

Please visit your Account Value Statement to monitor the billing activity on your Account. You may do this by clicking on the Account Value icon on every page in the upper right hand corner. Or you may visit the link More, Settings, Account Value. You may also visit the Archive folder in your My Messages page to view message and Friend communication transactions. Note that other transaction details do not appear in the Archive.

5.9 Change of crediting and debiting point pricing

(i) SpiffBox may prospectively change standard credit and debit point pricing at any time by posting notice of such change on the Site at least thirty (30) days prior to the effective date of the pricing change or by notifying Members to their SpiffBox message of the change 48 hours in advance. SpiffBox may also change the minimum and maximum of custom pricing at any time by posting updates to this Agreement. Any changes in Phone Call and Live Video Appearance pricing will be done in writing between SpiffBox and the Member, and it will be the Member's responsibility to confirm in writing any change requests.
(ii) Should SpiffBox change pricing, the new pricing will apply to transactions that were initiated only after the effective date posted on the Site on the top of this page.
(iii) Your use of the Site after the posted effective date of the pricing changes will constitute acceptance by you of such changes. The modified Agreement shall supersede all prior versions of the Agreement previously in effect between SpiffBox and you.
(iv) If you do not wish to accept such adjustments of pricing, you may self-terminate your Membership per Section 11.3. You agree that by continuing to use the Site following the adjustments of the pricing that you accept the new pricing.

5.10 Account maintenance fee

SpiffBox may debit your Account Value an Account maintenance fee of 200 points or the equivalent of two US dollars ($2.00) at redemption exchange rates per month for all Member accounts. However, SpiffBox will waive the fee for up to six months from your last login to the Site.

Additionally, upon self-termination per Section 11.3 SpiffBox will debit your account Account Value an Account maintenance fee of 200 points or the equivalent of two US dollars ($2.00) at redemption exchange rates per month commencing on the first month anniversary of self-termination.

Both above Account maintenance fees will be first debited from your promotional points, then SpiffOffers points, and thereafter purchased points in your Account Value. If there are no promotional or purchased points in your account, then SpiffBox will debit points from your Redeemable Point Credit Value.

5.11 Maximum Point Credit Value

SpiffBox reserves the right to limit your annual Point Credit Value to $10,000.00 or the current equivalent of 1,000,000 points.

5.12 Point Credit Value limitations

SpiffBox reserves the right to require more information from you, including information required by applicable tax authorities, should your Point Credit Value reach a certain level, as determined by SpiffBox. SpiffBox reserves the right to block or terminate your Account should you not comply with such information requests. Blocking your account is defined as freezing all additional communication, debit and credit activity and may include removal of your Account from public viewing. Should your Account be blocked or terminated by SpiffBox for the above reason, SpiffBox is not obligated to redeem any points, if applicable.

5.13 Daily, monthly, and annual point debit limitations

SpiffBox reserves the right to limit the amount of points that may be debited from your Account Value for initiating communication (including viewing photo galleries) on a daily, monthly, and annual basis.

5.14 SpiffBox's right to reverse point credits

SpiffBox reserves the right to reverse any earned points to your account should SpiffBox determine in its sole discretion that such credits were a result, directly or indirectly, of improper activity which includes but is not limited to fraud, point harvesting (see Section 5.16), point transfers (see Section 5.15), stolen credit / debit cards, credit / debit card chargebacks, SpiffOffers related fraud or chargebacks, check fraud, and/or any other activity to generate point value in a non-SpiffBox approved manner. This applies both in the case if you were responsible for the aforementioned activity or if you were the recipient of communications and points from other Members who had participated in such behavior. SpiffBox may also terminate your Account should we determine that in our belief, you may have knowingly participated in the aforementioned behavior.

SpiffBox may reverse such point credits even if as the credited Member you do not have knowledge of the debiting party's activities in improperly gaining points as detailed above. SpiffBox may reverse point credits through multiple Member levels to effectively address and squelch such prohibited activity.

5.15 Point transfers are prohibited

SpiffBox points may be debited and /or credited to your Account only through real communication, purchase, SpiffOffers, promotional grants, SpiffBox inactivity or payment fees and / or redemption. You may not transfer points between Accounts without the intent to communicate. You will not buy or sell any types of SpiffBox points from / to other Members in offline manner.

5.16 Point harvesting is prohibited

You will not "point harvest" which is defined as participating in activities to funnel points to a Member through Site communication methods with the intent of having the receiving Member or subsequent Members redeem points for cash. Point debits/credits should solely be tied to the intent to communicate with other Members. You will not collude or conspire with other Members to channel or funnel points to other Members to optimize or to game the redemption process. You will not funnel points to other Members with the intent of boosting that targeted Member's point value to so that he/she can use the points for communications. In its sole discretion, SpiffBox reserves the right to terminate your Account and to not redeem your points, if applicable, should SpiffBox determine that you may have engaged in this practice. SpiffBox may also reverse the point credits of any and all Members who have had Site contact with any Members that SpiffBox determines may have been involved in such activity.

5.17 SpiffBox Expiration of Messages

SpiffBox reserves the right to expire Credit Messages that a Member has not replied to within 6 months. Accordingly, Members that initiate Debit Messages to other Members and have not received a response within 6 months will have their unanswered Credit Messages expired by SpiffBox. Expiring a Credit Message is defined as SpiffBox's removing the relevant Credit Message from the receiving Member's SpiffBox Inbox. Before a Member initiates a message to another Member, he/she must understand that after 6 months without a response that their message will be removed from the receiving Member's SpiffBox Inbox and with no recrediting of points. Members who do not receive a response to a debit message may request a recrediting in advance of the 6 months per Section 5.18 - after the 6 month period has passed members are not eligible for a recrediting of unanswered Credit Messages.

5.18 Member Request for Refund of Debit Messages Not Responded To

All members have the right to request the return of points debited for Debit Messages and if applicable, related Digital Memorabilia and Digital Signature, that have not been responded to after 14 days. To do so, please visit your Consolidated Account Value Statement and click on the "Request recredit" next to an outstanding (unanswered message) and follow the prompts. SpiffBox will review the request and at its sole discretion may recredit the Debit Message point value to your account. SpiffBox will not refund point purchases to your credit card.

If a member has not responded to a Credit Message after 14 days, SpiffBox has the right to re-credit the account value of the member who sent the Debit Message. The Credit Message will then be removed from the contacted member?s account and he will no longer have the right to earn points with a response.

6.0 Purchase of SpiffBox points

6.1 Purchasing points on the Site

You may purchase points to be used on the Site through our payment partner PayPal, a subsidiary of EBay, Inc. You may either purchase points through a standard credit /debit card payment process or through PayPal's payment service. You will be subject to PayPal's terms and conditions regarding payment as available on www.paypal.com.

6.2 Purchase price of point and volume discounts

The purchase price of SpiffBox points will be clearly stated on the purchase page and will generally be US $0.01 for 1 point. Once purchased, points have no cash or other value until otherwise redeemed as per Section 8.9. SpiffBox reserves the right to offer you volume discounts for point purchases, which may be different than the redemption point exchange rate. The terms will be clearly stated for you prior to a potential purchase. This may be a positive benefit for Members who purchase points in bulk.

6.3 Purchase amounts rules

SpiffBox has strict rules on the US dollar amount of purchases. The minimum amount of a point purchase is $5.00 and the maximum is $500.00 per standard credit card or Paypal transaction. For amounts above $500, SpiffBox will require additional information or bank wire transfer. Additionally, you are limited to purchasing a maximum of $15,000.00 in points per month and $100,000.00 per calendar year unless SpiffBox provides specific approval.

6.4 Security of payment information

The purchase of SpiffBox points is handled through our payment partner PayPal. SpiffBox does not have general access to your payment or financial information used to effect a purchase transaction. Additionally, neither SpiffBox, nor PayPal, will store your credit/debit card information as an added security feature. If you purchase points through PayPal, you are subject to PayPal's terms and conditions which are clearly posted at PayPal's website, www.paypal.com.

6.5 No refund policy

SpiffBox has a policy of no refunds for money used to purchase SpiffBox points. All point purchases on SpiffBox points are final.

6.6 Timing of payment processing for points

SpiffBox reserves the right to delay crediting your Account Value for purchased points and to take appropriate measures to verify that your payment transaction is indeed secure, valid, fully verified and that you will not chargeback such purchase through your credit/debit card or Paypal account.

6.7 Charged in error

In the event that you believe that SpiffBox, through its payment partner, Paypal, has charged you in error, you must contact SpiffBox customer service at contact@spiffbox.com within 45 days after such charge. No refunds will be given for any charges which are more than 45 days old.

6.8 Purchase of points by check

You may purchase points by personal or US bank check but the minimum amount of an acceptable check is $50.00 and the maximum is $200.00. SpiffBox does not accept cash payments in US dollars or any other currency. SpiffBox will not credit your Account Value until your check has fully cleared your bank and the funds reach SpiffBox. Your check must be in US dollars. SpiffBox is not responsible for returning checks that do not comport to these rules. SpiffBox reserves the right to not cash a check for any reason including but not limited to the possibility that doing so may violate this Agreement. Please mail the check to with your display name to:
SpiffBox, Inc.
16319 N 108th Way
Scottsdale, AZ 85255

7.0 SpiffOffers and SpiffBox Sweepstakes

7.1 SpiffOffers description

You may generate point credits to your Account Value by completing offers on SpiffOffers through a partner site. SpiffOffers may be found by visiting SpiffCenter, SpiffOffers on the orange Menu bar. After you complete an offer on SpiffOffers, SpiffBox will provide the applicable points to your Account Value balance. Depending on the offer, SpiffBox reserves to the right to delay the crediting of points to your Account Value balance to ensure that you have fulfilled the terms of the offer. SpiffBox and/or its partner(s) reserves the right to change the value of the points offered for completing offers at any time.

SpiffBox does not provide your personal confidential information to companies providing offers. Accordingly, before responding to any offers or providing any information to them (including name, message, mobile phone number and / or credit / debit card information), you should fully read the relevant Member Agreement, Terms and Conditions, Privacy Policy, and/or if applicable pricing provided by these companies.

7.2 SpiffOffers points rules

You may generate point credits to your Account Value by responding to offers on SpiffOffers. SpiffOffers point credits may be used only to communicate with other Members on the Site. SpiffOffers point credits may not be redeemed and have no redemption value. SpiffOffers points are not credited to Point Credit Value nor to Redeemable Point Credit Value.

SpiffOffers point credits may be delayed or reversed if SpiffBox finds that there was an error or that you did not properly comport with the terms and conditions of such offers.

7.3 SpiffOffers Point Credit Dispute

If you believe that SpiffBox may have made a mistake on your Account with regard to SpiffOffers point credits, please click on the "Missing Points" button on the SpiffOffers page and follow the instructions. Please note that you may not receive points if you have not completed the offer or have not adhered to the terms of conditions of the partner. If you still believe that you have your Account has not been properly credited, please contact us at contact@spiffbox.com. You must contact SpiffBox within 45 days of the relevant transaction for SpiffBox to address a potential error. SpiffBox is not obligated to correct any errors that are more than 45 days old.

Please ensure that you actually completed the offer as exiting the offer process prior to completion may result in your not receiving SpiffOffers point credits. Additionally, offer merchants may require that you complete additional actions before the offer process is complete so please read the terms completely. Finally, should you have a dispute with the offer merchants you must address this directly with the offer merchant, not SpiffBox.

7.4 SpiffBox Sweepstakes

SpiffBox may offer Sweepstakes on the Site. SpiffBox will clearly post Official Rules of such Sweepstakes on the Site and clearly outline any implications of such Sweepstakes to your privacy in the Privacy Agreement. Note that SpiffBox may provide you the opportunity to opt in to such Sweepstakes. Note also that laws may require SpiffBox to limit Sweepstakes to a subset of Members. Please review the Sweepstakes Official Rules and the Privacy Agreement prior to making a decision to opt into a Sweepstakes.

8.0 Redemption

8.1 Redemption description

You may redeem Redeemable Point Credit Value as prescribed below when you reach a minimal level of points. Your redemption methodology will be determined by where you reside and if relevant, whether the laws where you live allow you to receive payments from us.

8.2 Point redemption exchange rate

Points in Redeemable Point Credit Value are valued at 1 point equivalent to 1 US penny ($0.01) at redemption. Such points have value only at redemption. SpiffBox may prospectively change this exchange rate at any time by posting notice of such change on the Site at least thirty (30) days prior to the effective date of the pricing change or by notifying Members to their SpiffBox message of the change 48 hours in advance. SpiffBox will post such changes to this Agreement on this page and will indicate at the top of this page the date of such posting. Your use of the Site after the posted effective date of the pricing changes will constitute acceptance by you of such changes. The modified Agreement shall supersede all prior versions of the Agreement previously in effect between SpiffBox and you. You have the option of redeeming your Redeemable Point Credit Value prior to the effective date of a change in the exchange rate as described above. You will not be subject to the 2,000 point or $20.00 redemption minimum should you do so but you will still be responsible for redemption costs per Section 8.5.

8.3 Redemption eligibility

You will need at least 2,000 points in your Redeemable Point Credit Value or the equivalent of $20.00 at current redemption exchange rates to redeem points on SpiffBox. You may redeem points only from Redeemable Point Credit Value as defined in Section 4.2 (iii). You may not redeem promotional, SpiffOffers, or purchased points.

You may not redeem points from SpiffBox if United States and / or your local laws prohibit you from receiving US dollar or other payments from a US company or prohibit SpiffBox from providing payments to you or if in doing so, would require SpiffBox to incur additional costs to provide payment to you, including but not limited to SpiffBox's obligation to pay taxes on your redemption.

8.4 Redemption methodology

Pursuant to Section 8.3, you may redeem points via US bank check. SpiffBox will mail you a check via First Class US mail to domestic US addresses. SpiffBox is not responsible for the arrival of the redemption check through the US mail. You bear any risk of risk of non-negotiability of the US bank check. SpiffBox will not convert your redemption into any other currencies. Should your Account have no activity that we may view as potentially violating this Member Agreement, your redemption will be processed within 120 days of your redemption. SpiffBox reserves the right to further delay or cancel the processing of your redemption to protect against possible fraud, chargebacks, theft, violations of this Agreement, or to comport with the law. Should you request the cancellation or stop payment of a SpiffBox check for any reason and if SpiffBox complies, you will be responsible for costs incurred to SpiffBox and your redemption or Redeemable Point Account Value will be charged or debited accordingly. For US residents, SpiffBox may redeem you via Paypal, at our discretion, but is not obligated to do so. For non-US residents, SpiffBox may redeem you via Paypal. You must have the ability to receive payments as a subscriber for Paypal for SpiffBox to redeem your eligible points if you reside outside the US. You are responsible for any fees or costs related to the Paypal service.

8.5 Redemption costs

All redemptions will carry a 200 point or $2.00 redemption cost (at current redemption exchange rates) to cover SpiffBox's processing costs. The redemption cost will be debited from your Redeemable Point Credit Value immediately upon your request for redemption.

8.6 Redemption rules

Redemptions will be provided to only the Member name of record on the account, unless approve in writing by SpiffBox. This should be your full legal name and/or the name you use on your official identification documents. Once you have provided your name of record to SpiffBox on the Site, you cannot change it. There are no exceptions to this rule.

You are fully responsible for paying all applicable taxes related to redemptions and Point Credit Value on SpiffBox. You may determine your Point Credit Value by visiting SpiffCenter, Redeem Points. Additionally, SpiffBox may require additional information from you should your Point Credit Value reach a certain level.

You may not redeem SpiffBox points if in doing so, SpiffBox would be in violation of US law or the laws where you reside. You are obligated to inform SpiffBox of any such existing legal limitations related to you and the receipt of any redemption from SpiffBox.

8.7 Redemption verification

Based on your Account use and other factors identified by SpiffBox in its sole discretion, SpiffBox may require verification of your identity and/or other background information in order for you to continue using the Site and / or to redeem points. In such event, you agree to provide SpiffBox with additional information that may be requested which may include standard picture identification forms such as state motor vehicle license or other form of government identification. You also consent to SpiffBox's disclosure of your personal information to third-party service providers in order to verify your credit, identity and/or other background information.

8.8 Self-termination redemption

You are still subject to the 2,000 point or $20.00 redemption minimum should you self-terminate your SpiffBox account. You should process any relevant redemption prior to self-termination. If for some reason you fail to do so, you must contact SpiffBox within 45 days of your self-termination at contact@spiffbox.com to request your redemption which SpiffBox will evaluate but is under no obligation to process. Additionally, your redemption must comport with this Agreement and with the Member name of record, address, and other information on the Account. SpiffBox will maintain your points in your account subject to other terms of this agreement should you wish to reactive your account in the future.

8.9 Points have no value until redeemed

Point credits on SpiffBox have no value, monetary or otherwise, until redeemed. Promotional, SpiffOffers, and purchased points are not redeemable and therefore, have no value at redemption.

8.10 Maximum redemption

You will be subject to a maximum limit of 20,000 points or $500.00 per redemption, unless SpiffBox authorizes in writing otherwise. Additionally, you will be limited to a maximum monthly redemption of 150,000 points or $1,500.00. SpiffBox also limits your maximum annual redemption to 1,000,000 points or $10,000.00, unless SpiffBox authorizes in writing otherwise..

8.11 Redemption Proceeds

While Members may designate the intended use of the SpiffBox points or redemptions on their profile, there is no mechanism for SpiffBox to enforce such designation. SpiffBox redeems eligible points in US cash via bank check or PayPal and has no control over what Members may or may not do with their cash redemptions thereafter. Accordingly, you should be aware that other Members may use their points or redemptions for designations other than what they have stated on their profile.

8.12 All redemptions are final

All redemptions are final and you will not have the ability to reverse the redemption or redeposit points into your Account after the applicable redemption. You are responsible for the security of your Account per Section 15.0. If you have determined that there has been fraud or an error on your Account, please contact SpiffBox at contact@spiffbox.com immediately.

8.13 SpiffBox makes no income claims

SpiffBox makes no representations or warranties whatsoever, regarding potential income that may result from Member's participation in SpiffBox and SpiffBox specifically disclaims any and all warranties in regards to Member's earning potential.

9.0 SpiffBox policy regarding Content

9.1 Proprietary rights

SpiffBox owns and retains all proprietary rights in the Site. The Site contains the copyrighted material, trademarks, and other proprietary information of SpiffBox, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

9.2 Reliance on Content, advice, etc.

Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by SpiffBox, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. SpiffBox does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site. Under no circumstances will SpiffBox or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any Members.

9.3 Limitations to Member content

You may not post or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to SpiffBox or to any other Member. If information provided to SpiffBox, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify SpiffBox of such change.

9.4 Review of Content

You understand and agree that SpiffBox may review and delete any content, messages, double-blind messages, photos or profiles, in each case in whole or in part, that in the sole judgment of SpiffBox violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

9.5 Granting SpiffBox license

By posting Content to any public area of the Site, you automatically grant, and represent and warrant that you have the right to grant, to SpiffBox, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by SpiffBox will not infringe or violate the rights of any third party.

9.6 Prohibited Content

You are solely responsible for the content that you publish or display (hereinafter, "post") on the Site, or transmit to other Members. You will not post or transmit information on the Site that:

  • is patently offensive to the basic societal standards, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • is sexual in nature and includes, but is not limited to the following: descriptive sexual language, any reference in a listing to any form of sexual intercourse or behavior, actual or simulated; any listing that contains sexually explicit or sexually related text or images (of partial or full nudity); any listing whose purpose is to sexually arouse a Member or user or cause sexual thoughts; any listing which is intended to let Members or users know that the Member appears on other adult content websites or other adult content locations. Any listing which, because of the nature or because of the description in the listing, appears to be designed solely to solicit sexual/adult talk. Any listing whose feedback consistently indicates that the Member is engaging in sexually-oriented content conversations;
  • involves the solicitation of sexual favors and / or any other type of escort or companion services;
  • harasses or advocates harassment of another person;
  • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
  • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated photograph images, audio or video, or links to pirated images, audio or video files;
  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons, explosives, terrorism, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
  • engages in illegal pyramid schemes, sweepstakes, and/ or contests.

SpiffBox reserves the right to investigate and take appropriate legal action in its sole discretion against you if we believe you are violating this provision, including without limitation, removing the offending communication from the Site, terminating your Membership, and/or notifying the appropriate governmental authorities.

9.7 Content must be legal

Your use of the Site, including but not limited to the content you post on the Site, must be in accordance with any and all applicable laws and regulations.

9.8 Limitations of personal information

You may not include in your Member profile any telephone numbers, mobile text addresses, mailing / street addresses, physical locations frequented or message addresses. This is done to protect Members. SpiffBox also strongly encourages you to not share any personal information with other Members via SpiffBox communications.

9.9 Non-solicitation and advertising

You may not engage in advertising to, or solicitation of, other Members. You may not transmit any chain letters or junk message to other Members. While SpiffBox cannot monitor the conduct of its Members off the Site, it is also a violation of these rules to use any information obtained from the Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, SpiffBox reserves the right to restrict the number of communications which a Member may send to other Members on an hourly, daily, and monthly basis to a number which we deem appropriate in our sole discretion.

9.10 Member representation and warranty

By using the Site, you represent, warrant and agree to the following:
(i) At all times you will provide correct and accurate representation of your age, location, physical characteristics, college attended, degrees, qualifications, background and other information as prompted by any form in SpiffBox, and will maintain and update all such information during the term of this Agreement to keep it true, accurate, current and complete.
(ii) You will abide by all applicable federal, state, and local laws when using the Site, including U.S. export control laws and/or the laws of where you reside.
(iii) You will comply with the terms of this Agreement.

9.11 Display name rules

SpiffBox reserves the right to change your display name or if applicable, terminate you if a) your display name violates the terms of the Member Agreement including Section 10.0 Prohibited Activities b) SpiffBox determines that you are using the display name to mislead other Members as to your true identify c) the display name is unique and in SpiffBox's sole opinion, does not apply to you d) you are squatting on the display name and have no connection to it or e) you have tried to resell your display name or your Account to another person or entity. Additionally, SpiffBox reserves the right to change your display name if SpiffBox believes the name should not be displayed on the site for any reason or if SpiffBox believes, in its sole opinion, that the display name is more applicable to another Member or potential Member. SpiffBox owns the rights to all display names and can change your display name at any time with at least 48 hours notification. You may not transfer, sell, barter or loan display names to other Members. Once you determine your display name during the signup process, you cannot later change your display name.

10.0 Prohibited activities

SpiffBox reserves the right to investigate and terminate your membership if you have misused the Site, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Site. You:

  • Will not impersonate any person or entity.
  • Will not "stalk" or otherwise harass any person.
  • Will not express or imply that any statements you make are endorsed by SpiffBox without our specific prior written consent.
  • Will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
  • Will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
  • Will not remove any copyright, trademark or other proprietary rights notices contained in the Site.
  • Will not interfere with or disrupt the Site or the servers or networks connected to the Site.
  • Will not post, message or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site.
  • Will not "frame" or "mirror" any part of the Site, without SpiffBox's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to SpiffBox or the Site in order to direct any person to any other web site for any purpose.
  • Will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or cause others to do so.
  • Will not copy, replicate, or remove any content on the Site and use it for other purposes. This includes photographs and videos.
  • Will not transmit "junk mail," "spam," "chain letters" or unsolicited mass distribution of message or bulletin board postings, or transmit solicitation for employees, consultants, contractors or for participation on other websites.
  • Will not use the Site to promote bonus items, giveaways, random drawings, prizes, contests or games of chance.
  • Will not take any actions which may undermine the Member referral system, or the Member feedback system used to solicit feedback from Members, including without limitation leaving positive feedback for yourself or other Members, using secondary Member names or third parties.
  • Will not create obscene, offensive, tasteless, defamatory or hateful Member names or content for listings.
  • Will not record or otherwise store any live or pre-recorded voice content that you receive through the Site. You will not record or otherwise store any calls you conduct with a Member. Notwithstanding the foregoing, Members may provide pre-recorded voice content on their profile.
  • Will not use the Site for any purpose that is unlawful, fraudulent or contrary to this Agreement and the policies of SpiffBox, and you will cooperate fully with SpiffBox to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized SpiffBox representatives access to any password-protected portions of your Member account.
  • Will not solicit or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities.
  • Will not use the Site in any manner that harasses another Member or could interfere with any other party's use or enjoyment of the Site. You will respect the privacy of others and not use the Site for unwelcome, rude or abusive communications.
  • Will not attempt to gain unauthorized access to any Member account information, computer systems or networks associated with the Site.
  • Will not attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site.
  • Will not use the Site to solicit Members, to promote any product or services other than the information services described in your Member listing which are provided through the Site, to provide any product or services related to, claiming success with or offering information regarding lottery numbers or for purposes of multi-level marketing proposals (for example, offering to help participants "get rich quick," "lose weight now" or "make money surfing the Web").
  • Will not encourage or instruct any other individual to do any of the foregoing or to violate any term of the Agreement.
  • Will not provide any legal or medical advice or other advice or information which may only be lawfully rendered or provided by a licensed professional who has established a physician-patient relationship, attorney-client, or other relationship.
  • Will not offer advice or provide any product or services related to or claiming success with lottery numbers, betting (legal or otherwise), gambling, or any other game of chance.
  • Will not misrepresent yourself or create or maintain a misleading name or listing.
  • Will not register for the Site again under a new message or previous message after you have been terminated by SpiffBox.
  • Will not try to re-enter the Site by resetting your password or using illegal methods to access the Site after you have been terminated by SpiffBox.

11.0 Membership termination

11.1 Termination scenarios

This Agreement will remain in full force and effect while you use the Site. Your account may be terminated under the following scenarios: 1) SpiffBox may terminate your account due to breach of this Agreement, 2) you may self-terminate your account through the "More, Settings, Terminate Account" page while you are securely logged into the Site, or 3) SpiffBox may decide, at SpiffBox's discretion, to terminate your account after a period of inactivity (at least 1 year). Note that under scenario 2, SpiffBox requires that you terminate your account through the proper page setting and that messages, phone calls, postal mail, and other communication forms are not be an acceptable form for termination, due to security and other reasons. Notwithstanding the foregoing, all decisions regarding the termination of Membership shall be made in the sole discretion of SpiffBox. SpiffBox is not required to provide you notice prior to terminating your Membership. SpiffBox is not required, and may be prohibited, from disclosing a reason for the termination of your account. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

11.2 SpiffBox termination

SpiffBox reserves the right to terminate your Membership for whatever reason, including breach of this Agreement, at any time. Without limiting other remedies, SpiffBox may suspend or terminate this Agreement and your account with immediate effect, and may limit, suspend, or terminate your use of the Site, prohibit access to the Site, remove hosted content, and take technical and legal steps to keep you off the Site if SpiffBox thinks that you are in breach of this Agreement, creating problems or possible legal liabilities, acting inconsistently with the letter or spirit of our policies, infringing someone else's intellectual property rights, breaching copyright, engaging in fraudulent, immoral or illegal activities, or for any other reasons, with immediate effect. SpiffBox may effect such termination by preventing Member access to the Site. In addition, SpiffBox may notify PayPal, financial institutions, and/or governmental authorities or take any actions it deems appropriate without notice to you, (i) if SpiffBox suspects that you have failed to comply with any provision of this Agreement or any policies or rules established by SpiffBox; (ii) if SpiffBox's partner PayPal is unable to verify or authenticate any billing or payment information Member provides; or (iii) if SpiffBox suspects that your actions may be illegal or cause harm to other Members, SpiffBox or the Site.

If SpiffBox terminates your Membership because you have breached this Agreement, you will not be entitled to a refund of purchased points or redemption of any applicable points in your Account. All decisions regarding the termination of Membership shall be made in the sole discretion of SpiffBox. SpiffBox is not required to provide you notice prior to terminating your Membership. SpiffBox is not required, and may be prohibited, from disclosing a reason for the termination of your account.

11.3 Self-Termination

You may terminate your Membership at any time (defined as "Self-Termination"), for any reason, by following the instructions on the More, Settings, Terminate page while you are securely logged into the Site. Under such circumstances, SpiffBox requires that you terminate your Account through this process. Messages, phone calls, postal mail, and other communication forms are not an acceptable form for termination, due to security and other reasons.

11.4 Inactivity termination

SpiffBox reserves the right to terminate your Account due to a period of inactivity (at least 1 year since your last login or the expiration of your last Friendship). If SpiffBox terminates your Account because of inactivity, you will not be entitled to a refund or redemption of any points, purchased or otherwise. Additionally, you will not be entitled to a refund, redemption or disbursement of Redemption Credit Account Value. You may not be able to reactivate your Account on SpiffBox should you be subject to an inactivity termination.

11.5 Member information upon termination

After your Account is terminated, all of your public information will be removed from the Site within 30 days or 30 days after the last Friendship expires, whichever is later. If your Account is terminated under any scenario, SpiffBox may still retain all information associated with the Account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce this Agreement, take actions SpiffBox deems necessary to protect the integrity of the Site or other Members, and /or take other actions otherwise permitted by law. SpiffBox also will retain all of the terminated Member's information profile information on SpiffBox servers to provide you an easy ability to reactivate your account and to resume Membership should you have previously Self-Terminated (see Section 11.3). SpiffBox reserves the right to contact you by message to reactivate your Membership. In addition, if certain information has already been provided to third parties as described in this Agreement, retention of that information will be subject to those third parties' policies.

11.6 Blocking of IP Addresses

In order to protect the integrity of the Site, SpiffBox reserves the right at any time in its sole discretion to block you from using certain IP addresses in an attempt to access the Site. Accordingly, you may not be able to access the Site from certain IP addresses that SpiffBox determines as high risk.

11.7 SpiffBox blocking of your account

SpiffBox reserves the right to block your Account for any reason at any time. Blocking your Account is defined as freezing all additional communication, debit and credit activity and may include removal of your account from public viewing. This may include blocking communications with an individual Member.

12.0 Photograph and Video Clips policy

12.1 General description

You may upload photographs and/ or video clips to the Site in order to enhance your profile. There are three types of photographs: Primary Photograph, Friend Gallery Photograph, and Regular Gallery Photograph. You must be approved to upload video clips to your profile. SpiffBox may remove the right of a Member to post photographs or video clips at any time.

12.2 Primary Photograph

The Primary Photograph is a photograph that may be posted by you and is the relatively large photograph that appears in the upper left corner of the Member's personal My Profile and My Home pages. The Primary Photograph also appears on searches and in communications to other Members. The Primary Photograph is available for viewing to the general public. There can only be one Primary Photograph at any time. Your face must be visible in the Primary Photograph.

12.3 Friend Photograph Gallery

You may upload photographs to the Friend Photograph Gallery. A Member can see this gallery only if you are Friends with that Member. You may upload up to 10 photographs in this gallery. Members may see a small thumbnail of up to the first two photographs from the Friend Gallery on your profile page.

12.4 Regular Photograph Gallery

You can upload photographs to the Regular Photograph Gallery. Other Members need to debit points from their Account Value balance to see Regular Photograph Gallery. There are twenty galleries with the ability to upload ten photographs in each gallery. The minimum photograph in each gallery is one. Members do not have to be your Friend to see these photograph galleries. You may opt to make these galleries only available for viewing by Friends.

12.5 Photograph requirements

To upload all photographs successfully, you need to ensure that:

  • The photograph is in JPG, GIF or BMP format
  • The photograph is 5MB or smaller or it may not properly upload
  • Pixel dimensions should be between 300 x 400 pixels

12.6 Restrictions for all photographs and video clips

There are various restrictions regarding all photographs (Primary, Friend Gallery, and Regular Gallery) and video clips detailed below. You agree to:

  • Not upload post or otherwise transmit any photographs or video clips containing nudity, sexually suggestive or pornographic material.
  • Not upload and post any inappropriate images of children in nude or sexual suggestive manner.
  • Not upload celebrity, advertising, joke, cartoon, adult or violent photographs or video clips
  • Not upload post or otherwise transmit any photographs or video clips which are unlawful, harmful, threatening, harassing, tortuous, defamatory, infringing, vulgar, obscene, hateful, racially or ethnically objectionable or invasive of another's privacy.
  • Not upload or post unauthorized advertising or promotional materials, or any other photo which you do not have the right to transmit under any law or contractual or fiduciary relationship. This includes any content that infringes any patent, trademark, trade secret, copyright or any other proprietary rights of any party, or material protected by intellectual property laws, right of privacy or publicity or any other applicable law, unless having all necessary legal consents.
  • Not upload any virus, malware, or any file which may threaten our software.

All photographs or video clips, whether posted publicly or privately transmitted, are your sole responsibility. Although SpiffBox does not accept responsibility for these photographs or vldeo clips, SpiffBox does reserve the right to remove at any time, without notice, a photo or image that violates the Photograph Policy or this Agreement and to block or terminate your Account with SpiffBox.

By becoming a Member, you agree that your photograph and/ or video clip, if submitted, can be used for the purposes described here and also in the Privacy Policy. This Photograph and Video Clips Policy forms part of the Agreement and is incorporated by reference herein.

12.7 Right to post photographs

You agree that you have ownership of and/or the right to post all photographs and / or video clips that you upload to the Site. You agree that you have not violated any trademark or copyright with regard to uploading profile photographs and / or video clips. And if applicable, you have written or oral permission to post such photographs and / or video clips on SpiffBox. SpiffBox may require you to execute an agreement confirming that you have the right to post photographs and / or video clips that you will indemnify SpiffBox for any legal and other costs associated with your posting off such photographs and / or video clips.

12.8 Additional Requirements

If you produce content that is covered under 18 U.S.C. 2257 labeling requirements, you may be subject to the name- and age-verification, record keeping, and labeling requirements of 18 U.S.C. 2257. You can find more information on 18 U.S.C. ?2257 and compliance at this site http://www.justice.gov/criminal/optf/links/2257-compliance-guide.html. As a policy, SpiffBox does not allow such content on the site but should such content be posted it is imperative that the above law if followed.

13.0 General Advice Feature

13.1 Definition of General Advice Feature

SpiffBox provides a software platform where Members can source and communicate with other Members for various reasons including asking for General Advice. SpiffBox makes no representation or warranty whatsoever as to (a) the willingness or ability of any Member to give advice (b) whether the querying Member may find the advice given satisfactory (c) whether the advice of the Member will provide an adequate answer to his or her question (d) that the queried Member may even return an answer to the question (e) whether the Member is qualified to provide advice. SpiffBox does not verify the credentials, skills, degrees, qualifications, or background of any Members. Therefore, you are encouraged to independently verify the skills, degrees, qualifications, credentials and background of those Members from whom you receive or contemplate to receive advice.

SPIFFBOX DOES NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION, OR OTHER GENERAL ADVICE SERVICES PROVIDED BY MEMBERS, AND NOTHING SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION OR GUARANTEE OF ANY MEMBER. SPIFFBOX DOES NOT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT OR ANYTHING SAID OR WRITTEN BY ITS MEMBERS OR ANY ADVICE PROVIDED, INCLUDING ANY INFORMATION CONTAINED IN ANY MEMBER LISTING. SPIFFBOX WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY MEMBER ON SUCH INFORMATION OR ADVICE PROVIDED BY ANY MEMBER.

13.2 Conduct of Members Providing General Advice

All SpiffBox Members have the ability to Become an Advisor, which his defined as joining a General Advice category and representing yourself as someone who has relevant experience about the specific category. Should you Become an Advisor, you will be solely and fully liable for all conduct, postings and transmissions that are made under your display name and password. You warrant and declare that while you are using SpiffBox you will act according to the Member Agreement including the following:

  • You will properly represent your qualifications, credentials, degrees, biographical information, licenses held and any other information relevant to the General Advice category
  • You will not impersonate any person or entity, or make any false statement regarding your current or past employment, agency or affiliation with any person or entity
  • You will not take any actions that may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on the Site.
  • You will not provide advice to other Members on Medical Health, Mental Health, Legal, and Financial Securities Matters

13.3 Conduct of Members Initiating Contact with Other Members Regarding General Advice

  • You will not ask for advice from other Members on Medical Health, Mental Health, Legal, Gambling and Financial Securities Matters
  • You will not take any actions that may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on the Site.
  • You will have the sole responsibility to verify the advising Member's identity, qualifications, credentials, biographic information, licenses held, and other information delivered to Member by another Member.

13.4 Members may not misrepresent their ability to provide General Advice

You may not misrepresent your ability to provide General Advice to other Members. If SpiffBox should determine, in its sole discretion, that you have become an advisor in a category in which you have no general knowledge or have provided advice to another Member for a General Advice category that you have limited to no knowledge of, SpiffBox reserves the right to remove you from the General Advice category and / or terminate your membership.

13.5 Member acknowledges that Members Providing General Advice are not Employees of the Site

You acknowledge that no other Members providing General Advice are employees or agents of SpiffBox and SpiffBox assumes no responsibility for any act or omission of any such Member providing General Advice. The role of SpiffBox is strictly limited to providing access to such Members and their services for Member's consideration.

14.0 Services Feature

14.1 Definition of Service Feature

SpiffBox provides a software platform where Members can sou>ce and communicate with other Members for various reasons including sourcing services. SpiffBox makes no representation or warranty whatsoever as to (a) the willingness or ability of any Member to provide services (b) whether the querying Member may find the service given satisfactory (c) whether the service provided to the Member was satisfactory (d) that the queried Member may even return an answer to the question regarding the service (e) whether the queried Member is qualified to provide such services. SpiffBox does not verify the credentials, skills, degrees, qualifications, or background of any Members. Therefore, you are encouraged to independently verify the skills, degrees, qualifications, credentials and background of those Members from whom you receive or contemplate to receive services. SPIFFBOX DOES NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY SERVICE, INFORMATION, OR OTHER THING PROVIDED BY MEMBERS, AND NOTHING SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION OR GUARANTEE OF ANY MEMBER. SPIFFBOX DOES NOT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT OR ANYTHING SAID OR WRITTEN BY ITS MEMBERS OR ANY SERVICE PROVIDED, INCLUDING ANY INFORMATION CONTAINED IN ANY MEMBER LISTING. SPIFFBOX WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY MEMBER ON SUCH INFORMATION OR ADVICE PROVIDED BY ANY MEMBER.

14.2 Conduct of Members Providing Services

All SpiffBox Members have the ability to list under Services, which his defined as joining a Services category and representing yourself as someone who has relevant experience within the specific category. Should you list under Services, you will be solely and fully liable for all conduct, postings and transmissions that are made under your display name and password. You warrant and declare that while you are using SpiffBox you will act according to the Member Agreement including the following:

  • You will properly represent your qualifications, credentials, degrees, biographical information, licenses held and any other information relevant to the Services category
  • You will not impersonate any person or entity, or make any false statement regarding your current or past employment, agency or affiliation with any person or entity
  • You will not take any actions that may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on the Site.
  • You will not provide advice to other Members on Medical Health, Mental Health, Legal, and Financial Securities Matters

14.3 Conduct of Members Initiating Contact with Other Members Regarding Services

  • You will not ask for advice from other Members on Medical Health, Mental Health, Legal, and Financial Securities Matters
  • You will not take any actions that may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on the Site.
  • You will have the sole responsibility to verify the advising Member's identity, qualifications, credentials, biographic information, licenses held, and other information delivered to Member by another Member.

14.4 Members may not misrepresent their ability to provide Services

You may not misrepresent your ability to provide Services to other Members. If SpiffBox should determine, in its sole discretion, that you have listed under Services in a category in which you have no general knowledge or capabilities to provide such a service or have provided communicated with another Member regarding such a Service, SpiffBox reserves the right to remove you from the Service category and / or terminate your membership.

14.5 Member acknowledges that Members Providing Services are not Employees of the Site

You acknowledge that no other Members providing Services are employees or agents of SpiffBox and SpiffBox assumes no responsibility for any act or omission of any such Member providing Services. The role of SpiffBox is strictly limited to providing access to such Members and their services for Member's consideration.

15.0 Additional Member responsibilities

15.1 Interactions with other Members

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT SPIFFBOX DOES NOT IN ANY WAY SCREEN ITS MEMBERS, NOR DOES SPIFFBOX INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. SPIFFBOX MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY FOR COMMUNICATION WITH ANY CURRENT OR FUTURE MEMBERS. IN NO EVENT SHALL SPIFFBOX BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SITE OR PERSONS YOU MEET THROUGH THIS SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SITE, ESPECIALLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.) YOU UNDERSTAND THAT SPIFFBOX MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SITE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (E.G, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.

15.2 Limitation of Liability and Indemnification

UNDER NO CIRCUMSTANCES WILL SPIFFBOX OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, WHETHER OR NOT SPIFFBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPIFFBOX AND ITS SUPPLIERS' AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE LESSER OF (a) YOUR REDEEMABLE POINT CREDIT VALUE, OR (b) TWENTY DOLLARS ($20). SPIFFBOX WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY SPIFFBOX, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR VIOLATION OF THIS AGREEMENT, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORSEEABLE, DISCLOSED AND UNDISCLOSED. YOU ACKNOWLEDGE THAT SPIFFBOX IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE. IN EACH CASE, SPIFFBOX WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUITE OR ACTION. SPIFFBOX SHALL HAVE THE RIGHT TO WITHOLD PAYMENTS TO YOU TO OFFSET LIABILITIES AND EXPENSES COVERED HEREUNDER.

YOU ACKNOWLEDGE AND AGREE THAT THE SITE IS BEING PROVIDED FOR USE AS IS. THE USE OF SPIFFBOX IS ACCORDINGLY BEING MADE AT YOUR SOLE AND ENTIRE RISK. SPIFFBOX DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.

SPIFFBOX EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ITS MEMBERS. IF AND YOU DECIDE TO UTILIZE THE SITE, YOU MUST EXERCISE A REASONABLE STANDARD OF CARE. YOU SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST SPIFFBOX, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT OF ANY COMMUNICATIONS OR RESULTING ACTIONS YOU DECIDE TO TAKE IN CONNECTION WITH THE USE OF THE SITE. SPIFFBOX WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH SPIFFBOX.

16.0. Copyright policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.

If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and message address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. SpiffBox's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
SpiffBox Legal
SpiffBox, Inc.
16319 N 108th Way
Scottsdale, AZ 85255

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Spiffbox has a policy of disabling or terminating, in appropriate circumstances and at our sole discretion, the account of any SpiffBox member who infringes the intellectual property rights of you, us, or any third party.

The DMCA provides protection for your copyrighted material with respect to posting on the Internet. If you own copyrighted material and someone utilizes that material without your expressed permission, you can request to have that material removed from the website where it is being displayed. It is SpiffBox's policy to respond to clear notices of alleged copyright infringement and to follow processes as recommended by the DMCA.

Regardless of whether SpiffBox may be liable for copyright infringement under U.S. law, our response to takedown notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating members responsible for the infringement.

If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected website or content, so that they may make a counter notification.

If SpiffBox removes material to comply with the DMCA, we will attempt to contact the provider of any Submitted Content so removed to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of that DMCA. It is our policy to document all notices of alleged infringement on which we act. A copy of this legal notice may be sent to a third-party which may publish and/or annotate it. As such, your letter (with your personal information removed) may be forwarded to Chilling Effects http://www.chillingeffects.org) for publication. By submitting your notification you acknowledge and agree to this forwarding. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights.

17.0 Account security: login message and password

When you create an account with SpiffBox, you will be asked to provide an message login and password. You are responsible for maintaining the confidentiality of the message login and password designated during the Registration process and any subsequent changes. You are also entirely responsible for maintaining the confidentiality of any other security information related to your account. You will be fully responsible for all activities that occur under your account, message login or password. You may not use the account, message login or password of any other Member at any time. SpiffBox encourages Members to change their password at least once a month and to use a password that is unique - not including elements of their birthdates, phone number, children's names, or address. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature. Note as well that almost any computer, including your own, can possess hidden software to capture your keystrokes and thus determine your message login and password, unbeknownst to you. Accordingly, Members should exercise caution with computers that are public or not solely used by you. You agree to (a) immediately notify SpiffBox of any unauthorized use of your message login or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SpiffBox will not be liable for any loss that you incur as a result of someone else using your message login or password, either with or without your knowledge. You may be held liable for any losses incurred by SpiffBox due to someone else's use of your message login or password.

18.0 Customer service protocol

SpiffBox provides assistance and guidance through its online customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If SpiffBox believes that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, SpiffBox reserves the right to immediately terminate your membership and you will not be entitled to any redemption or refund.

19.0 Force majeure

You acknowledge and understand that if SpiffBox is unable to operate the Site as a result of a force majeure event SpiffBox will not be in breach of any of its obligations under this Agreement. A force majeure event means any event beyond the control of SpiffBox. SPIFFBOX SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS A RESULT OF A FORCE MAJEURE EVENT.

20.0 Privacy Policy

Use of the Site is also governed by our Privacy Policy, which is incorporated into this Agreement

21.0 Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
a. Binding Arbitration. This provision is intended to be interpreted broadly to encompass disputes or claims arising out of the relationship between you, SpiffBox, and our service providers. Any dispute or claim made by you against SpiffBox or our service providers arising out of or relating to this Agreement or your use of the Site (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to small claims court if they qualify for hearing by such a court. However, even for those claims that may be taken to court, you waive any claims for punitive damages and any right to pursue claims on a class or representative basis.
b. Arbitration Procedures; Venue. You must first present any claim or dispute to SpiffBox at contact@spiffbox.com or via postal mail at SpiffBox Inc. 16319 N 108th Way Scottsdale, AZ 85255 to allow SpiffBox an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") as modified by this Agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 800-778-7879 ) or online at www.adr.org. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act. Unless you and SpiffBox agree otherwise, any arbitration will be conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required and if so required, arbitration will take place in Maricopa County, Arizona. The arbitration will be conducted in the English language. An arbitrator must not award and will have no power or jurisdiction to award relief in excess of or contrary to what this Agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party's damages to the extent permitted by this Agreement, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor SpiffBox may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
c. Costs of Arbitration. All administrative fees and expenses of the arbitration will be divided equally between you and SpiffBox, except that for claims of less than $1,000, you will be obligated to pay $25 and SpiffBox will pay all other administrative costs and fees. In all arbitration, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
d. Waiver of Punitive Damage Claims and Class Actions. You and SpiffBox waive all rights to pursue any claims on a class or consolidated basis or in a representative capacity. Neither you nor SpiffBox will join any claim with the claim of any other person or entity. Furthermore, the arbitrators shall have no power or jurisdiction to certify a class or to proceed with class arbitration. By this Agreement, both you and SpiffBox are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and SpiffBox both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.

22.0 Miscellaneous

22.1 Entire agreement

The terms and conditions of this Agreement, including policies incorporated by reference herein, constitute the entire agreement between you and SpiffBox with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

22.2 Partial invalidity

If any provision of this Agreement is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision in question is not of a fundamental nature to the Agreement as a whole, the legality, validity or enforceability of the remainder of the Agreement shall not be affected.

21.3 No waiver

The failure to exercise, or delay in exercising, a right or remedy provided by this Agreement or by law shall not constitute a waiver of that right or remedy. If SpiffBox waives a breach of any provision of this Agreement this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

22.4 Assignment

You are not allowed to assign the Agreement or any rights hereunder. SpiffBox is allowed at its sole discretion to assign this Agreement or any rights hereunder to any third party, without your consent and without giving prior notice.

22.5 Applicable law forum

This Agreement shall be governed by and interpreted in accordance with the laws of Delaware. With respect to any dispute related to this Agreement or the Site and not governed by Sections 19 and 20, you and SpiffBox agree to submit to the exclusive jurisdiction of the courts of Maricopa County, Arizona.

22.6 How to contact

If you have any questions about this Agreement please contact SpiffBox at contact@spiffbox.com or via postal mail at:
SpiffBox, Inc.
16319 N 108th Way
Scottsdale, AZ 85255

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY USING OR ACCESSING THE SITE YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO SPIFFBOX THE RIGHTS SET FORTH HEREIN. ? 2009 SpiffBox, Inc. All rights reserved.