Free Spirit Play: Site Terms & Conditions


FREE SPIRIT PLAY PROGRAM AGREEMENT

The following are the Terms and Conditions of Use for the Spirit Airlines Free Spirit Play program administered by Engage Play Technologies. THIS WEB SITE IS NOT OWNED, OPERATED OR CONTROLLED BY SPIRIT AIRLINES, INC. AND AS SUCH IT IS NOT SUBJECT TO THE SPIRIT AIRLINES TERMS AND CONDITIONS OR THE SPIRIT AIRLINES PRIVACY POLICY LOCATED AT http://www.spirit.com/Legal.aspx. If you have any further questions, please contact Member Services via email at support@freespiritplay.com.

This Engage Play Technologies Program Agreement ("Agreement") governs the terms and conditions on which an individual ("you" or "your") may participate in the Free Spirit Play Program ("Program") offered by Engage Play Technologies Inc. and its affiliates ("we," "us" or "our"). PLEASE READ THIS AGREEMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION.

GENERAL
1. To participate as a member in our Free Spirit Play Program, you must be a member of Spirit Airlines' Free Spirit frequent flyer program.

2. We provide you information about the Program, and you agree to receive, by participating as a member on our website at freespiritplay.com ("our Website"). We may provide information or notices to you by other means, including email, but we are not required to do so. You agree to visit our Website regularly to view any changes to this Agreement or other important information about your participation in the Program.

WHAT WE PROVIDE
3. You are eligible to receive prizes and earn rewards ("Rewards") as provided in this Agreement when you use your Free Spirit Miles or a Registered Card to participate in the Program.

4. The prizes and Rewards may consist of (a) round trip flight vouchers on Spirit Airlines and other travel and non-travel related prizes, ("cash back benefits"), (b) frequent flyer miles or credits in the Free Spirit program ("Miles" or "Credits"), or (c) charitable contributions in participating partners ("Contributions").

RECEIPT AND USE OF REWARDS
5. Spirit Airlines and the Free Spirit frequent flyer program may sometimes be referred to in this Agreement as "Spirit Airlines."

6. Spirit Airlines is solely responsible for the terms and conditions on which you receive actual credit for, and may use, flight vouchers, Miles or Credits that we request that Spirit Airlines provide you for Rewards you win and earn in our Program. We are not responsible for when flight vouchers can be used or when Miles or Credits are actually credited to your Free Spirit program account. See Spirit Airlines Flight Vouchers Terms & Conditions at http://www.spirit.com/Legal.aspx.

7. We make no representation, warranty or guarantee as to any value or benefit of Spirit Airlines flight vouchers, Miles or Credits, any ability to use flight vouchers, Miles or Credits or any other matter relating to flight vouchers, Miles or Credits and we have no liability or obligation if flight vouchers, Miles or Credits are not honored by Spirit Airlines, including if Spirit Airlines ceases doing business, files for bankruptcy, or terminates the Free Spirit program.

8. You are responsible for any tax consequences resulting from your receipt or use of Rewards under the Program. We may report Rewards provided to you to relevant tax authorities.

ADDITIONAL TERMS:
9. All reviews, surveys, comments, feedback, and other information about your participation in the Program disclosed, submitted, or conveyed by you to us (which we refer to collectively as "Comments") may be reprinted, used, displayed, redistributed, shared, transmitted, excerpted, modified, and/or disseminated (in whole or in part) by us or others consistent with the terms of our Privacy Policy or any other applicable terms. Your provision of Comments to us constitutes a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Comments throughout the world in any media. You warrant that: (i) any use of Comments by us will not violate any right of any third party; and (ii) any Comments are not libelous, unlawful, or obscene.

10. You agree to the terms of our Privacy Policy, as posted on our Website from time to time. In addition, when you use our Website, you agree to the Terms of Use for the Website, which are posted on our Website, as in effect from time to time. The terms of the Privacy Policy and Terms of Use for the Website are hereby incorporated into this Agreement.

11. If any part of this Agreement is unenforceable, such part will not make any other part of this Agreement unenforceable, except that if the part of the Arbitration Provisions prohibiting arbitration involving a class action or multiple claimants is unenforceable, the entire Section 16 shall be unenforceable.

12. This Agreement, and the relationship between you and us, shall be governed by the laws of the State of California, without regard to choice of law principles, except that Section 16 shall be governed by the Federal Arbitration Act and not California law.

INTELLECTUAL PROPERTY NOTIFICATIONS:
· Unless otherwise noted, all Free Spirit Play account information, Personal Identification Numbers ("PINs"), passwords, articles, data, images, screens, text, user names, Internet links and other materials (collectively "Content") appearing on the Site are the exclusive property of Spirit Airlines or Free Spirit Play, or its subsidiaries and affiliates.

· All information, products, services and software contained or used in the Site ("Content") are Spirit Airlines or Free Spirit Play copyright. All rights reserved. Please assume that everything you see or read on the Site is copyrighted to, or used with permission by Spirit Airlines or Free Spirit Play, unless otherwise noted.

· The trademarks, logos, service marks and trade dress (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Spirit Airlines or Free Spirit Play or used with permission.

· Images and videos of people, objects or places displayed on the Site are the property of Spirit Airlines or Free Spirit Play or used with permission.

· Free Spirit Play owns or uses by permission all software contained on the Site, including without limitation, all HTML and Active X controls. Copyright and other laws and international treaty provisions protect this software. The law expressly prohibits any modification, redistribution or reproduction of the software, and such actions could result in severe civil and criminal penalties. Free Spirit Play will seek and support prosecuting violators to the maximum extent possible.

· You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, use, sell, transfer, use to create a derivative work, or otherwise use the content of the Site for public or commercial purposes. Nothing on the Site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppels, by implication, or otherwise.

USE OF INFORMATION YOU GIVE FREE SPIRIT PLAY:
According to the Privacy Policy, we ask that you provide certain information when establishing your account on the Site for you ("Account"). You agree the information you provide will be accurate when you provide such information. Under no circumstances will you provide false or inaccurate information. You may not use an invalid email address, impersonate any person or entity, or otherwise disguise the origin of a card or content. Free Spirit Play reserves the right (albeit not the obligation) to eliminate or edit such contents.

You agree to keep your Login ID and Password confidential and not share them with anyone else. We may treat any person using your Login ID and Password to have authority to access your Account and act on your behalf with respect to the Program.

While Free Spirit Play takes reasonable steps to safeguard and prevent unauthorized access to your private information, we cannot be responsible for the acts of those who obtain unauthorized access, and do not extend any type of guarantee, explicit, implied, or otherwise, that we will avoid unauthorized access to your private information. IN NO CASE WILL FREE SPIRIT PLAY OR ITS AFFILIATES BE LIABLE FOR DAMAGES (CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OF ANY OTHER NATURE) RELATED TO A THIRD PARTIES' UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACTS, NET RESPONSIBILITY, DAMAGES OR OTHER LIABILITY THEORIES, AND ALSO REGARDLESS OF WHETHER OR NOT FREE SPIRIT PLAY RECEIVED A REAL OR IMPLICIT NOTICE ABOUT THE POSSIBILITY THAT SUCH DAMAGES MIGHT OCCUR.

USER CONDUCT:
You agree not to:

(1) disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked websites;

(2) disrupt or interfere with any other person's access, use or enjoyment of the Site or affiliated or linked websites;

(3) upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files;

(4) use or attempt to use or access another person's account or personal information, or create or use a false identity on the Site;

(5) attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; and

(6) violate any local, state or federal laws or regulations that apply to your access to or use of the Site.

LINKS:
The Site may contain links to third party services and resources. We do not control the availability and content of these third party sites. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular third party service or resource that provides the content. The existence of a link to a third party site does not constitute our endorsement or recommendation of the third party or the third party's site. WE DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGES ARISING FROM THE CONTENT OR PROVISION OF SERVICES OF ANY THIRD PARTY SERVICE OR RESOURCE.

Free Spirit Play specifically refuses to give you permission to form hyperlinks or provide references to the Site, unless you are allowed to do so under a separate agreement in writing with Free Spirit Play. You are also denied permission to use any material protected by trademark or copyright to offer such hyperlinks or references, unless you are allowed to do so under a separate agreement in writing entered into with Free Spirit Play. Free Spirit Play is not responsible for sites that provide hyperlinks or references to the Site unless those sites are operated by Free Spirit Play itself.

INFORMATION PROVIDED BY YOU:
All reviews, surveys, comments, feedback, and other information about your experiences, or participation in the Program disclosed, submitted, or conveyed by you to us (which we refer to collectively as "Comments") may be reprinted, used, displayed, redistributed, shared, transmitted, excerpted, modified, and/or disseminated (in whole or in part) by us or others consistent with the terms of our Privacy Policy or any other applicable terms. Your provision of Comments to us constitutes a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Comments throughout the world in any media. You warrant that: (i) any use of Comments by us will not violate any right of any third party; and (ii) any Comments are not libelous, unlawful, or obscene.

LIMITATION OF DAMAGES:
All information provided on the Site (the "Information") is subject to change without notice. While efforts have been made to make the Site helpful and accurate, we do not warrant the accuracy of the Information. We do not provide a warranty regarding virus-free use of the Site or use of any Content downloaded from the Site.

THE SERVICES PROVIDED BY US WITH RESPECT TO THE SITE AND ALL CONTENT ON THE SITE ARE PROVIDED "AS IS" AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY THAT THE SERVICES SUPPLIED UNDER THIS AGREEMENT ARE OF A REASONABLY ACCEPTABLE QUALITY. WE DO NOT WARRANT THAT FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, CONTENT OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK AND THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH YOUR USE OF THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE WILL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF YOUR NETWORK, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.

THESE LIMITATIONS OF LIABILITY SHALL APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, OR TORT, AND SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.

INDEMNITY:
You agree to defend, indemnify and hold us and our subsidiaries, affiliates, successors and assigns, and our and their respective shareholders, directors, officers, employees and agents, harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or relating to your use of the Site, except to the extent that we fail to perform our express obligations to you under this Agreement.

MANDATORY ARBITRATION :
Any claim, dispute, or controversy between you and us or any holder of this Agreement, or the employees, agents or assigns of any of them, arising from or relating to the Website or this Agreement (or any prior agreement between you and us with respect to the Website), or the relationships which result from this Agreement ("Claim"), including but not limited to any tort or statutory Claim, and any Claim seeking monetary, equitable, or other relief will be, upon the election of any party to the dispute, resolved by neutral binding arbitration administered by the National Arbitration Forum ("NAF"), under the Code of Procedure ("Code") of the NAF in effect at the time the Claim is filed. Claims include past, present, and future Claims. Any arbitration hearing at which the parties appear personally will take place at a location within the United States federal judicial district in which you reside. Rules and forms of the NAF may be obtained and all claims will be filed at any NAF office, www.adrforum.com or by calling 1-800-474-2371.

You and we will each be responsible for paying our own fees, costs and expenses and the arbitration fees as designated by the Code. The arbitrator's power to conduct any arbitration proceeding under this arbitration agreement will be limited as follows: any arbitration proceeding under this Agreement will not be consolidated or joined with any arbitration proceeding under any other agreement, or involving any other property or premises, and will not proceed as a class action or any other proceeding involving multiple claimants. Only a court, not an arbitrator, may determine the validity of the preceding sentence. We will not elect to arbitrate an individual Claim brought in a small claims (or equivalent) court, unless that Claim is transferred, removed, or appealed to a different court. The arbitrator will apply all applicable substantive law.

The decision of the arbitrator will be a final and binding resolution of the Claim. This arbitration agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16. Judgment upon the award may be entered in any court having jurisdiction. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION.

If you are enrolled in a Program, and the agreement we have with you for the Program has an arbitration provision, this arbitration provision will not apply to the extent that the arbitration provision in the other agreement applies.

CHANGES:
We reserve the right, at our sole discretion, to modify, add or remove ("Change") any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when posted on the Site. Your continued use of the Site after any Changes to this Agreement are posted will be considered acceptance of those Changes. We may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. We also may impose limits on certain features and services or restrict your access to part or all of the Site without notice or liability.

ENFORCEMENT AND CHOICE OF LAW :
This Agreement shall be governed by the laws of the California, without regard to its conflict of laws principles. If any part of this Agreement is unenforceable, such part will not make any other part of this Agreement unenforceable, except that if the part of the Arbitration provisions prohibiting arbitration involving a class action or multiple claimants is unenforceable, all of the Arbitration provisions in this Agreement shall be unenforceable.

YOUR COMMUNICATION WITH US:
Free Spirit Play will not treat any communication you send to us by email or by other means as confidential. Free Spirit Play is under no obligation to refrain from publishing, reproducing or otherwise using your communications in any manner and for any purpose.

ELECTRONIC COMMNICATIONS:
When you visit freespiritplay.com or send us an e-mail, you are communicating with us electronically. You therefore agree to receive electronic communications from us. We will contact you by email, by placing notices on this Site or through the Free Spirit Play Newsletter. You agree that all agreements, notices, disclosures and other communications that we send you electronically satisfy legal requirements that such communications are in writing.

ENTIRE AGREEMENT:
Subject to the terms of any other agreement(s) applicable to any products or services accessed or purchased by you from us, these terms constitute the entire agreement between you and us governing your use of this Site. Should any provision in these terms conflict with the terms of any other agreement applicable to any products or services accessed, requested or purchased by you from us, the terms of such other agreement(s) will control with respect to the products and services to which such terms apply.

The Terms and Conditions were last revised on July 25, 2013.