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Terms of Use

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE.

Welcome to ImprovPal.com. We are glad to have you as part of our service. We are committed to providing the best possible value and convenience for you. Before you get started, you must read and agree to these Terms of Use. Thank you.

 

Acceptance of Terms of Use

This agreement and the resolution of any dispute related to this Agreement or the site shall be governed by and construed in accordance with the laws of Texas in the United States of America, without giving effect to any principles of conflicts of law. ImprovPal.com (also referred to as “ImprovPal.com” and /or “VidPenguin.net”), is a marketing division of Launch Ninjas, Inc., headquartered at 400 N. St. Paul, Suite 1040, Dallas, TX 75201, hereinafter referred to as (“ImprovPal.com”, “we” or “us”),

By downloading and using ImprovPal.com services, you accept and agree to be bound by these Terms of Use. ImprovPal.com may at any time modify these Terms of Use. You can review the most current version of it by clicking on the “Terms of Use” link located at the bottom of any of the ImprovPal.com websites.

The most current version will supersede all previous versions. By continuing to use the ImprovPal.com service after changes are made, you agree to be bound by such changes.

 

Limitations on Use

You must be at least 18 years old to download and use the ImprovPal.com service, or, if you are not at least 18, you may download and/or use the ImprovPal.com service only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, please do not use the ImprovPal.com service.

 

ImprovPal.com reserves the right to terminate accounts, refuse service or cancel orders at its sole discretion.

 

Charges for Using the ImprovPal.com Service

ImprovPal.com is currently a pay-as-you-go service. However, when you use the ImprovPal.com service, you may be subject to additional charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility.

 

ImprovPal.com Promotional Alerts

To opt in or subscribe to ImprovPal.com, you can register by sending an email to Support@VidPenguin.com
After you subscribe to ImprovPal.com email newsletter service application and/or register for the ImprovPal.com service, all further messages will be sent strictly on an opt-in basis. If you have opted in to receive messages (Promotional Alerts), you can still choose to opt out at any point thereafter.
To opt out from our email message, simply click on the unsubscribe link at the bottom of each email and we will unsubscribe you from our message service. You will not receive any additional email messages until you re-register on our website or via your mobile phone.
To get help with the ImprovPal.com email message service, you may email us at team@ImprovPal.com or use Contact Us from our home page.

 

Recommended Products or Services

ImprovPal.com is not responsible for evaluating or examining the individuals, companies or businesses offering the Products or Services ImprovPal.com service. ImprovPal.com is not responsible for the content, offers, programs or policies of such individuals, companies or businesses, including, without limitation, your redemption of such offers or refusal to honor any offer. Further, ImprovPal.com is not responsible for any issues arising from the products or services purchased or received from the coupons. Your dealings with the third parties providing the coupons are solely between you and the applicable third party.

 

Intellectual Property

ImprovPal.com and/or its licensors are the sole owners of the ImprovPal.com service, which includes any software, method of doing business, marketing tools, analytics, domains, and content made available through it. The ImprovPal.com service is protected by U.S. and international copyright and other intellectual property laws. It is for your own personal and non-commercial use only, and ImprovPal.com grants you a limited license for that purpose. Without limitation, this means that you may not sell, export, license, modify, copy, reverse engineer, distribute or transmit the ImprovPal.com service without ImprovPal.com’s prior express written permission. Any unauthorized use of the ImprovPal.com service will terminate the limited license granted by us. ImprovPal.com and other marks, graphics, logos, icons and service names related to the ImprovPal.com service are registered and unregistered trademarks or trade dress of ImprovPal.com LLC. They may not be used without ImprovPal.com’s prior express written permission. All other trademarks not owned by ImprovPal.com that appear in connection with the ImprovPal.com service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by ImprovPal.com.

 

Electronic Communications

By downloading and/or using the ImprovPal.com service, you consent to receiving electronic communications and notices from ImprovPal.com. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

Your Conduct

By downloading and using the ImprovPal.com service, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains 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 associated with the ImprovPal.com service. You also agree not to interfere with the servers or networks connected to the ImprovPal.com service or to violate any of the procedures, policies or regulations of networks connected to the ImprovPal.com service, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the ImprovPal.com Service; (2) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the ImprovPal.com service; (3) use the ImprovPal.com service for any unlawful purpose; or (4) resell or export the software associated with the ImprovPal.com service.

ImprovPal.com discourages use of the ImprovPal.com service during certain activities, such as automobile driving, where there is a significant risk of accident. You agree not to use the ImprovPal.com service during such activities.

 

Use of Information Submitted

You agree that ImprovPal.com is free to use any comments, information or ideas contained in any communication you may send to ImprovPal.com without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the ImprovPal.com service or other products or services.

 

No Warranty & Liability Limit

IMPROVPAL.COM PROVIDES THE IMPROVPAL.COM SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. IMPROVPAL.COM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. ImprovPal.com assumes no liability or responsibility for any errors or omissions in the ImprovPal.com service; any failures, delays or interruptions in the ImprovPal.com service; any losses or damages arising from the use of the ImprovPal.com service, including, without limitation, any damage to your mobile device; or any conduct by users of the ImprovPal.com service. We reserve the right to deliver the ImprovPal.com service in our sole and absolute discretion.

IN NO EVENT SHALL IMPROVPAL.COM, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR LOSS OF USE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE IMPROVPAL.COM SERVICE OR THESE TERMS OF SERVICE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE.

Some states do now allow the exclusion of certain damages, so the above may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

 

Indemnity

You agree to indemnify and hold ImprovPal.com and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of your use of the ImprovPal.com service or your violation of any law or the rights of any third party.

 

Disputes

  1. Governing Law

YOU AGREE THAT THESE TERMS OF SERVICE OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN YOU AND IMPROVPAL.COM arising from or relating to these Terms of Use, their interpretation or breach, termination or validity, the relationships which result from these Terms of Use, the ImprovPal.com service, ImprovPal.com’s advertising or any related transaction SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.

  1. Binding Arbitration

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND IMPROVPAL.COM, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, “ImprovPal.com”) arising from or relating to these Terms of Use, their interpretation or breach, termination or validity, the relationships which result from these Terms of Use (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms of Use), the ImprovPal.com service, ImprovPal.com’s advertising or any related transaction SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, JAMS OR THE NATIONAL ARBITRATION FORUM, IN ACCORDANCE WITH THEIR APPLICABLE RULES, OR ANY OTHER ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER MUTUALLY AGREED UPON BY THE PARTIES. The arbitration will be limited solely to the dispute between you and ImprovPal.com. NEITHER YOU NOR IMPROVPAL.COM SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay its own costs and attorneys’ fees. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

  1. Limitations of Actions

Any claim or cause of action arising out of or related to your use of the ImprovPal.com service must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.

 

Right to Terminate

ImprovPal.com reserves the right in its sole discretion to terminate or restrict your use of the ImprovPal.com service, without notice, for any or no reason whatsoever.

 

General

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire understanding and agreement between you and ImprovPal.com with respect to the subject matter hereof.

 

 

 


 

IMPROVPAL.COM Website Privacy Statement

This document was last updated on March 20, 2017.

  1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS

IMPROVPAL.COM is committed to protecting your privacy. This Privacy Statement sets forth our current privacy practices with regard to the information we collect when you or your computer interact with our website.   By accessing IMPROVPAL.COM, you acknowledge and fully understand IMPROVPAL.COM Privacy Statement and freely consent to the information collection and use practices described in this Website Privacy Statement.

  1. PARTICIPATING MERCHANT POLICIES

Related services and offerings with links from this website, including vendor sites, have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website. Online merchants and others who participate in IMPROVPAL.COM services are encouraged to participate in industry privacy initiatives and to take a responsible attitude towards consumer privacy.  However, since we do not have direct control over the policies or practices of participating merchants and other third parties, we are not responsible for the privacy practices or contents of those sites.  We recommend and encourage that you always review the privacy policies of merchants and other third parties before you provide any personal information or complete any transaction with such parties.

  1. INFORMATION WE COLLECT AND HOW WE USE IT
    IMPROVPAL.COM collects certain information from and about its users FOUR ways: directly from our Web Server logs, with Cookies, Retargeting Pixels, Google Analytics, and the user.
  2. Web Server Logs.

When you visit our Website, we may track information to administer the site and analyze its usage. Examples of information we may track include:
•    Your Internet protocol address.
•    The kind of browser or computer you use.
•    Number of links you click within the site.
•    State or country from which you accessed the site.
•    Date and time of your visit.
•    Name of your Internet service provider.
•    Web page you linked to our site from.
•    Pages you viewed on the site.

  1. Use of Cookies

IMPROVPAL.COM may use cookies to personalize or enhance your user experience.  A cookie is a small text file that is placed on your hard disk by a Web page server.  Cookies cannot be used to run programs or deliver viruses to your computer.  Cookies are uniquely assigned to you, and can only be read by a Web Server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time.  For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits.  Hence, this simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality..

IMPROVPAL.COM reserves the right to share aggregated site statistics with partner companies, but does not allow other companies to place cookies on our website unless there is a temporary, overriding customer value (such as merging into IMPROVPAL.COM.com a site that relies on third-party cookies).

You have the ability to accept or decline cookies.  Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on our Website.

  1. Retargeting Pixels and Pixel Tags

ImprovPal.com uses retargeting tracking pixels to advertise to users who previously visited our website.  The retargeting pixels are non-personally identifiable and can be controlled by disabling cookies.  We also use conversion pixels to measure the effectiveness of our advertising campaigns.  We partner with established social media parties like Facebook and Twitter for this.  Further, we use a trusted third party to allow you to create a WAKA account using your social media accounts like your Facebook, Google or Twitter accounts.  If you choose this option, the information identified on the screen from your social media account will be shared with us.

A pixel tag (or web beacon) is an invisible tag placed on our website but not on your computer. When you access certain pages within our website, the pixel tags generate a non-personally identifiable notice of that visit. When used with cookies, pixel tags register that a particular computer visited a particular page. If you turn off your “cookies,” the pixel tag will simply detect an anonymous website visit.

  1. Personal Information Users

Visitors to our website can register to purchase services.  When you register, we will request some personal information such as name, address, email, telephone number or facsimile number, account number and other relevant information.  If you are purchasing a service, we will request financial information.  Any financial information we collect is used only to bill you for the services you purchased.  If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of registrations, we will ask for the relevant information. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting.

We will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary including:

  • To fulfill your service requests for services.
    § To protect ourselves from liability,
    §    To respond to legal process or comply with law, or
    §    In connection with a merger, acquisition, or liquidation of the company.
  1. Google Analytics

ImprovPal.com uses Google Analytics to better understand our users and to provide better services to them.  Of the features available in Google Analytics, we use Google’s Analytics Demographics and Interest Reporting and Google Analytics for Display Advertising features, including Remarketing, Google Display Network Impression Reporting and the DoubleClick Campaign Manager integration.  Here are some important notes about this program, including how you can opt out:

Remarketing - We use Google Analytics Display Advertising Remarketing feature to advertise online.  In addition, third party vendors, including Google, may show our ads on sites across the Internet.

Cookies - We, along with third party vendors like Google, may use first-party cookies (such as the Google Analytics cookies) and third party cookies (such as the DoubleClick cookie) together to (a) inform, optimize and serve ads based on a user’s past visits to our website and (b) tell us how a user’s impressions, other uses of ad services, and interactions with these ad impressions and ad services relate to visits to our website.

Demographics and Interest Reporting - We may use data from Google Analytics Demographics and Interest Reporting to help us recognize and understand user preferences, to make improvements to our website, to choose content and advertising to display to you, and for other business purposes to allow us to better serve you.

Opting Out Of Tracking - You may opt out of Google Analytics for Display Advertising or customize Google Display Network ads by using the Google Ads Settings page. You may also prevent your data from being collected and used by Google Analytics by opting out through the use of the Google Analytics Opt-out Browser Add-on.

What does WAKA do to protect your information?

Personal information submitted to the website is maintained by WAKA and sensitive information is encrypted via Secure Socket Layer (SSL) technology. Credit card information is not maintained nor kept by WAKA. All credit card charges are processed by a trusted, recognized third party processor on a secure server. WAKA never has credit card information in its possession.

Our website is scanned on a regular basis for security holes, malware, and known vulnerabilities to make your visit to our website as safe as possible.

How does our site handle do not track signals?

We honor do not track signals and do not track, plant cookies or use advertising when a Do Not Track (DNT) browser mechanism is in place.

  1. USE OF WEB BEACONS OR GIF FILES[Insert Name of Company/Web Address] Web pages may contain electronic images known as Web beacons – sometimes also called single-pixel gifs – that allow IMPROVPAL.COM to count users who have visited those pages and to deliver co-branded services.  IMPROVPAL.COM may include Web beacons in promotional e-mail messages or newsletters in order to determine whether messages have been opened and acted upon.

Some of these Web beacons may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or email communications.  These Web beacons may be used by these service providers to place a persistent cookie on your computer.  This allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views, which in turn enables us and our service providers to learn which advertisements and emails bring you to our website and how you use the site.  IMPROVPAL.COM prohibits Web beacons from being used to collect or access your personal information.

  1. ACCESSING WEB ACCOUNT INFORMATION
    We will provide you with the means to ensure that personally identifiable information in your web account file is correct and current.  You may review this information by contacting us by sending an email to our support attendant at Support@ImprovPal.com

Notice to parents.

We do not knowingly target or solicit information from children. Similarly, we do not knowingly market to children. We recognize that protecting the identity and privacy of children online is important and that the responsibility to do so rests with both the online industry and with parents. We encourage you to talk to your children about safe and responsible use of their personal information while using the Internet. As soon as we become aware, we will delete any information that a child gives us.

  1. CHANGES TO THIS STATEMENT
    IMPROVPAL.COM has the discretion to occasionally update this privacy statement.  When we do, we will also revise the “updated” date at the top of this Privacy page.  We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect. Should a data breach occur, we will notify you via email within 7 business days of becoming aware of such data breach. Your continued use of the service constitutes your agreement to this privacy statement and any updates.

 

 

Contact Us

If you have any questions about these Terms of Use or the download and/or use of the ImprovPal.com Use, please use the contact support@vidpenguin.com.

If you have questions regarding our Privacy Statement, Terms of Use, and/or our general practices, please contact us by email or send your comments to :

IMPROVPAL.COM  400 N. St. Paul, Suite 1040, Dallas, TX 75201

IMPROVPAL.COM will use commercially reasonable efforts to promptly respond and resolve any problem or question.