Friday, March 30, 2012

Terms of Twitter sync program by AmEx


Below is a copy of the Terms of Twitter sync program by AmEx.

Learn more about the program on youtube


Download the official file at https://sync.americanexpress.com/Twitter/Content/ProgramTermsAndConditions.pdf

28-Feb-2012 AXP Internal Page 1 of  9
Program Terms and Conditions
Last Modified: March 6, 2012
PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS (the
“Agreement”) BEFORE REGISTERING FOR THE PROGRAM TO RECEIVE OFFERS
FROM AXP THROUGH THE THIRD-PARTY PLATFORMS FACEBOOK®,
FOURSQUARE® AND/OR TWITTER, AS THE CASE MAY BE (collectively, the
“Program”). BY REGISTERING FOR ANY PART OF THE PROGRAM, YOU ARE
AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT
AND ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH AMERICAN
EXPRESS TRAVEL RELATED SERVICES COMPANY, INC. AND ITS AFFILIATES
(collectively, "AXP", "we" or "us"). IF YOU DO NOT AGREE WITH THE TERMS AND
CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REGISTER FOR THE PROGRAM.
OFFERS ARE PROVIDED ONLY TO ELIGIBLE CARDMEMBERS (AS DEFINED IN THIS
AGREEMENT), WHO AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF
THIS AGREEMENT AND HAVE REGISTERED FOR THE PROGRAM. OFFERS ARE
PROVIDED ON THE TERMS DISPLAYED IN CONJUNCTION WITH A SPECIFIC OFFER
(“Offer Terms”).
Table of Contents
A. Eligibility and Registration
B. How the Program Works
C. Information We Collect and How We Use It
D. Availability/Interruption
E. Privacy and Security
F. Changes to this Agreement
G. Limitations on Liability
H. No Amendment of Existing Terms and Conditions For Cards
I. Governing Law
J. Alternative Dispute Resolution
K. Assignment
L. Entire Agreement28-Feb-2012 AXP Internal Page 2 of  9
A. Eligibility and Registration
1. Eligibility. To participate in the Program or to redeem an offer delivered or displayed to
you through your Foursquare, Facebook and/or Twitter account (an “Offer” or “Offers”),
you must be 18 years of age or older, have the power, authority and capacity to enter into
this Agreement and be a valid holder of an Eligible Card (as defined below) registered
with the Program. In addition, you must meet any additional eligibility requirements
contained in the Offer Terms. Subject to such eligibility requirements, an “Eligible Card”
is a valid American Express Consumer Card or Business Card from American Express
OPEN issued in the U.S. by AXP or a licensed third party bank issuer of AXP-branded
Cards (“Licensed Issuer”); however, certain cards are not deemed Eligible Cards,
including Prepaid Cards (including, without limitation, American Express Gift Cards)
and Corporate Cards. The Card account under which the Eligible Card is issued must be
active and not in default for you to be eligible to redeem the Offers.  For Foursquare, you
must have an active account with Foursquare (www.foursquare.com), be able to access
Foursquare via your mobile device, and complete the steps described below to
register/“sync” your Eligible Card to your Foursquare account. For Facebook, you must
have an active account with Facebook (www.facebook.com), be able to access Facebook
via a desktop computer and/or via your mobile device, and complete the steps described
below to register/“sync” your Eligible Card to your Facebook account. For Twitter, you
must have an active, “public” (and not “protected”) account with Twitter
(www.twitter.com), be able to access Twitter via a desktop computer and/or via your
mobile device, and complete the steps described below to register/“sync” your Eligible
Card to your Twitter account. A Cardmember that satisfies all the preceding
requirements, as well as any contained in the Offer Terms, is referred to as an “Eligible
Cardmember.”
The Eligible Card that you register for the Program (whether you register for Offers
through any of Foursquare, Facebook, Twitter) is referred to as the “Registered Card”.
Each Eligible Cardmember may only have one Registered Card per Foursquare,
Facebook and/or Twitter account at a time. However, you may use the same Registered
Card for more than one platform account. If you wish to register/sync a different Eligible
Card than provided initially for any account, you must first “unsync” such initial
Registered Card as described in paragraph 3 below.
2. Registration/Syncing.
1. Foursquare. To register/sync your Eligible Card to your Foursquare account, you
must: (1) be logged into your Foursquare account, (2) visit the registration page
located at https://sync.americanexpress.com/foursquare or such other URL as we
may designate from time to time (the “Foursquare Sync Page”), and (3) follow
instructions on the Foursquare Sync Page to “sync” such Eligible Card to your
Foursquare account. If you have any problems with your registration, please
contact Customer Service at
https://sync.americanexpress.com/foursquare/CustomerService.aspx or call the
number on the back of the Eligible Card you wish to register. 28-Feb-2012 AXP Internal Page 3 of  9
2. Facebook. To register/sync your Eligible Card to your Facebook account, you
must: (1) be logged into your Facebook account, access the Link, Like Love
application and allow any permissions requested by such application, (2) visit the
registration page located at aexp.co/amexfb or such other URL as we may
designate from time to time (the “Facebook Sync Page”), and (3) follow
instructions on the Facebook Sync Page to “sync” such Eligible Card to your
Facebook account. If you have any problems with your registration, please
contact Customer Service at
https://sync.americanexpress.com/facebook/CustomerService.aspx or call the
number on the back of the Eligible Card you wish to register.
3. Twitter. To register/sync your Eligible Card to your Twitter account, you must:
(1) be logged into your Twitter account, (2) visit the registration page located at
https://sync.americanexpress.com/twitter or such other URL as we may designate
from time to time (the “Twitter Sync Page” and, together with the Foursquare
Sync Page and the Facebook Sync Page, the “Registration Pages”), and (3) follow
instructions on the Twitter Sync Page to “sync” such Eligible Card to your
Twitter account. If you have any problems with your registration, please contact
Customer Service at
https://sync.americanexpress.com/twitter/CustomerService.aspxor call the number
on the back of the Eligible Card you wish to register.
3. Cancelling Your Participation in the Program. AXP reserves the right to interrupt,
restrict, disqualify or terminate your eligibility to participate in the Program or receive the
Offers without cause and without notice to you. You may withdraw your participation in
the Program by “contacting Customer Service through the following URLs:
Foursquare: https://sync.americanexpress.com/foursquare/CustomerService.aspx;
Facebook:https://sync.americanexpress.com/facebook/CustomerService.aspx;
Twitter: https://sync.americanexpress.com/twitter/CustomerService.aspx.
A Customer Service representative will inform you once your “unsync” is successful.
B. How the Program Works
1. Offer Notifications and Redemption.
1. Foursquare. Once you have completed the registration/syncing process, when you
use your Foursquare account to “check in” to a location for which an Offer exists,
an electronic message will be sent to your mobile device through your Foursquare
account notifying you of an available Offer (such as, by way of example, a
statement credit or point of sale discount) and you must activate certain Offers by
pressing the “Load to Card” or similar button. To redeem an Offer, you must
follow the instructions in the Offer Terms and use your Registered Card for the
entire purchase described in the Offer at the location described in the Offer, unless
otherwise indicated in the Offer Terms.
2. Facebook. Once you have completed the registration/syncing process, when you
are logged into your Facebook account and you access the “Link, Like, Love” tab
of the American Express page, you will be notified of available Offers (such as, 28-Feb-2012 AXP Internal Page 4 of  9
by way of example, a statement credit or point of sale discount) and you must
activate certain Offers by clicking the “Add to Card” or similar button. If you are
logged into Facebook Places and an Offer is available near your current location,
you will be presented with such available Offer through Facebook Places and
must “check in” at that specified location and follow any additional instructions to
claim/add the Offer. To redeem an Offer, you must follow the instructions in the
Offer Terms that appear in the communication containing the Offer and use your
Registered Card for the entire purchase described in the Offer at the location
described in the Offer, unless otherwise indicated in the Offer Terms.
3. Twitter. Once you have completed the registration/syncing process, you may view
available offers on the American Express “Favorites” tab on Twitter. Participating
merchants may also Tweet available Offers to their followers through Twitter.
You must activate certain Offers by posting a Tweet that includes the #hashtag
provided for that Offer. American Express will send you an @reply message to
confirm your enrollment in an Offer, or to notify you that an Offer is no longer
available. To redeem an Offer, you must follow the instructions in the Offer
Terms that appear in the communication containing the Offer and use your
Registered Card for the entire purchase described in the Offer at the location
described in the Offer, unless otherwise indicated in the Offer Terms.
4. General. We may also provide Offers with other redemption instructions (e.g.
“Redeem Online”) and additional terms and conditions. You will receive the
benefit mentioned in an Offer within the timeframe stated in the Offer Terms.
Transactions that satisfy all the requirements specified in the Offer Terms and this
Agreement are called “Eligible Transactions.” Note that transactions made using
the “expresspay” capability are not considered Eligible Transactions. Offers are
only valid during the times and on the conditions specified in the Offer Terms.
Statement credits will generally be issued within two (2)-three (3) business days
after the qualifying purchase, but may take up to two (2) billing periods to post to
your account. Note that if an item is returned, a statement credit will be reversed.
Please note that your ability to earn other types of rewards - such as Membership
Rewards - based on spending, may be based, in the case of Eligible Transactions,
on the Charge after any statement credits have been applied. If the Eligible
Transaction is subject to finance charges, such charges may accrue on the total
amount of the Eligible Transaction prior to the application of any statement of
credit, and the balance upon which such charges are assessed may include the
gross amount of your Eligible Transaction from the date such transaction was
made (i.e., without any savings from the Offer being applied). You will be
responsible to pay amounts due as provided in the terms of your Cardmember
Agreement (as defined below).
2. Other Notifications. Once you have registered for the Program, we may also send you
other notifications through your Foursquare, Facebook and/or Twitter account, as
applicable, based on your Foursquare, Facebook and/or Twitter activity to help enhance
your Program experience. Such notifications will not always be associated with an Offer.28-Feb-2012 AXP Internal Page 5 of  9
C. Information We Collect and How We Use It
We use your personally identifiable information (“PII”), such as name, email address, and AXP
account number, to confirm your eligibility for registration in the Program and to provide you the
Offers provided through the Program. We also use information you provide through Foursquare,
Facebook and/or Twitter regarding your location (“Location Data”) to provide you with relevant
Offers. AXP will not provide Foursquare or Facebook access to your AXP account number or to
any of your other PII. Instead, AXP will create a unique identifier (“UID”) that does not contain
your AXP account number, which will serve to identify you to Foursquare and/or Facebook to
facilitate your participation in the Program. We will not provide the merchant participating in the
Offer with access to this UID or to any of your PII.
Any information provided to AXP by you in connection with the Program, such as information
submitted during registration, shall also be governed by the American Express Network Privacy
Statement, available at www.amexnetwork.com/privacy.html.
D. Availability/Interruption
You acknowledge and agree that we are not responsible for performance degradation, service
interruption, or delays due to conditions on the Internet or due to any error or malfunction of the
Equipment, System or services/websites provided by Foursquare, Facebook and/or Twitter. You
(and not AXP) are responsible for, without limitation, obtaining and maintaining all
telecommunications, broadband, Equipment, and services needed to participate in the Program
and access and use any websites provided for this purpose, including without limitation the
Registration Pages. You acknowledge that AXP, Licensed Issuers, agencies, participating
merchants, ISPs and Service Providers shall not be liable to you if any Offer or Registration Page
is unavailable, interrupted or suspended for any reason. If any Offer or Registration Page is
unavailable, or is interrupted or suspended, you agree that your sole remedy shall be to terminate
this Agreement. "Equipment" means the hardware and active internet connection through which
you access, or attempt to access, any Offer and/or Registration Page. "System" means the
hardware and software owned or operated by AXP, an Internet Service Provider (“ISP”) or any
third-party service provider engaged by AXP to facilitate or administer the Offers or the
Registration Pages (“Service Provider”).
AXP reserves the right to suspend, cancel or terminate any Offer or Eligible Transaction if any
fraud, technical failures or any other factor impairs the integrity or proper functioning of the
Offer or of a Registration Page, as determined by AXP at any time and in its sole discretion.
AXP also reserves the right to close the Program registration at any time for any reason at its sole
discretion. AXP is not responsible for any computer virus or damage caused to Equipment by
accessing the website. 28-Feb-2012 AXP Internal Page 6 of  9
E. Privacy and Security
Any information provided to AXP by you in connection with the Offer (e.g., information
submitted during registration) shall be governed by the American Express Network Privacy
Statement available at www.amexnetwork.com/privacy.html.
AXP reserves the right to interrupt, restrict, disqualify or terminate your eligibility to participate
in the Program or receive Offers without cause and without notice to you. You agree to
immediately notify us if you suspect fraudulent or abusive activity. If you so notify us or we
otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud
investigation and to use any fraud prevention measures we prescribe. Your failure to cooperate
or to use such measures will result in your liability for all fraudulent usage or abusive activity
associated with the Equipment or your Registered Card(s).
AXP reserves the right, at its sole discretion, to disqualify any individual suspected of tampering
with any aspect of an Offer or a Registration Page or any other current or prior program made
available by AXP. AXP also reserves the right, at its sole discretion, to disqualify any individual
that it believes may tamper with an Offer or a Registration Page or that it believes to be acting in
any manner deemed by AXP in its sole discretion to be improper or disruptive or with intent to
annoy, abuse, threaten, or harass any other person. CAUTION: ANY ATTEMPT BY A USER
OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR
UNDERMINE THE LEGITIMATE OPERATION OF AN OFFER AND/OR A
TRANSACTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD
SUCH AN ATTEMPT BE MADE, AXP RESERVES THE RIGHT TO SEEK DAMAGES
AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) FROM ANY
SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
F. Changes to this Agreement
We may change or modify this Agreement from time to time by posting such change or
modification on https://sync.americanexpress.com/Partner/Terms.aspx. Upon modification, we
will update the date indicated after “Last Modified” at the beginning of this Agreement. If you
do not agree with the current or modified Agreement, however, you must not participate in the
Program. You may withdraw your participation in the Program by “contacting Customer Service
through the following URLs:
Foursquare: https://sync.americanexpress.com/foursquare/CustomerService.aspx;
Facebook: https://sync.americanexpress.com/facebook/CustomerService.aspx; and
Twitter: https://sync.americanexpress.com/twitter/CustomerService.aspx.
A Customer Service representative will inform you once your “unsync” is successful.
Your participation in the Program following the effective date of such change constitutes your
agreement to be bound by this Agreement as modified and its applicability to you.28-Feb-2012 AXP Internal Page 7 of  9
G. Limitations on Liability
By registering for the Program, you acknowledge that technical processing and transmission of
information to and from any Registration Page, including the information you may enter, may
involve transmissions over various networks and changes to conform and adapt to technical
requirements of connecting networks or devices.
AXP, its Licensed Issuers, agencies, participating merchants, Service Providers, and ISPs are not
responsible for: (1) any incorrect or inaccurate information, whether caused by Cardmembers,
printing, typographical or other errors or by any of the equipment or programming associated
with or utilized in an Offer; (2) any transmission delays, interruptions, omissions, deletions,
defects, delays or failures of any kind, including, but not limited to, system malfunctions,
performance degradation, service interruptions, or disconnections or disruption in phone lines,
network hardware or software or Internet connectivity; (3) unauthorized human intervention in
any part of the purchase process or an Offer; or (4) computer, mechanical, technical, printing,
typographical, technical or non-technical, or human or other errors or omissions which may
occur in connection with the administration of an Offer or of a Registration Page or the
processing of the registration.
AXP SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR ANY EQUIPMENT,
SERVICE INTERRUPTIONS, COMPUTER HARDWARE AND SOFTWARE, OFFERS,
TRANSACTIONS, AND GOODS AND SERVICES ADVERTISED IN CONJUNCTION
WITH ANY OFFER. YOU AGREE THAT YOUR PARTICIPATION IN ANY OFFER,
ACCESS TO AND REGISTRATION ON A REGISTRATION PAGE, AND USE OF ANY
PRODUCTS, SERVICES, OR OFFERS OBTAINED IN CONNECTION WITH AN OFFER
ARE AT YOUR SOLE RISK. ALL OFFERS AND EACH REGISTRATION PAGE ARE
PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. AXP SPECIFICALLY
DISCLAIMS ANY WARRANTY REGARDING ANY GOODS AND SERVICES
ADVERTISED IN CONJUNCTION WITH ANY OFFER, AND DISCLAIMS ANY IMPLIED
WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
You agree to this Agreement, and on your behalf and on behalf of your respective heirs,
executors, administrators, legal representatives, successors and assigns (the “Releasing Parties”),
release, defend and hold harmless AXP and its Licensed Issuers, agencies, participating
merchants, and Service Providers and ISPs, as well as the employees, officers, directors and
agents of each (the “Released Parties”), from any and all actions, causes of action, suits, debts,
dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts,
controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct
damages, consequential damages, incidental damages, punitive, special or exemplary damages,
judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity,
whether known or unknown, foreseen or unforeseen, against the Released Parties which any one
or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in
any way arise out of or result from the your participation in any Offer. You assume all liability
for any injury, including, but not limited to, death or damage caused or claimed to be caused, by 28-Feb-2012 AXP Internal Page 8 of  9
participation in any Offer or use of any product, service, or offer purchased or received in an
Offer.
This paragraph G. shall survive termination of this Agreement.
H. No Amendment of Existing Terms and Conditions For Cards
THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE OFFER TERMS DO
NOT AMEND, SUPPLEMENT, CHANGE OR REPLACE ANY OTHER NOTICE OR
INFORMATION THAT YOU MAY RECEIVE IN CONNECTION WITH YOUR CARD
ACCOUNT, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED TO
YOU ON YOUR PERIODIC STATEMENT OR THE AGREEMENT GOVERNING YOUR
CARD ACCOUNT ("CARDMEMBER AGREEMENT"). IF YOU HAVE ANY QUESTIONS
OR CONCERNS ABOUT YOUR CARD ACCOUNT, INCLUDING ITS STATUS, YOU
SHOULD CALL THE NUMBER PROVIDED ON THE BACK OF YOUR CARD OR USE
THE ONLINE CUSTOMER SUPPORT AVAILABLE AT YOUR CARD ISSUER’S
WEBSITE.
I. Governing Law
This Agreement shall be governed by and interpreted under the laws of the State of New York,
U.S.A. without regard to its conflicts of laws provisions.
J. Alternative Dispute Resolution
You hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”)
arising out of or in connection with an Offer or this Agreement shall be resolved, upon the
election of you or American Express, by arbitration pursuant to this provision and the code of
procedures of either JAMS or the American Arbitration Association (“AAA”), as selected by the
party electing to use arbitration. If our selection of either of these organizations is unacceptable
to you, you may select the other organization within 30 days after you receive notice of our
selection. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM,
NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR
HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER YOU NOR AMERICAN
EXPRESS WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE
CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY
CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE
ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER
RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE
AVAILABLE IN ARBITRATION. If either party elects to resolve a Claim by arbitration, that 28-Feb-2012 AXP Internal Page 9 of  9
Claim shall be arbitrated on an individual basis. THERE SHALL BE NO RIGHT OR
AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR
ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE
CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY
SITUATED. The arbitrator’s authority to resolve Claims is limited to Claims between AXP and
you alone, and the arbitrator’s authority to make awards is limited to awards to AXP and you
alone. Furthermore, claims brought by either party against the other may not be joined or
consolidated in arbitration with Claims brought by or against any third party, unless agreed to in
writing by all parties. No arbitration award or decision will have any preclusive effect as to
issues or claims in any dispute with anyone who is not a named party to the arbitration.
Notwithstanding any other provision in this Agreement and without waiving either party’s right
to appeal such decision, should any portion of this provision be deemed invalid or unenforceable,
then the entire provision (other than this sentence) shall not apply.
This paragraph J. shall survive termination of the Agreement.
K. Assignment
We may assign or delegate all or part of AXP’s rights or duties under this Agreement without
such assignment or delegation being considered a change to this Agreement, and without notice
to you. You may not assign this Agreement, or delegate any of your duties hereunder, without
AXP’s prior written consent, and any assignment or delegation by you in breach of the terms
hereof shall be null and void ab initio.
L. Entire Agreement
This Agreement together with the Offer Terms represent the entire understanding between you
and AXP with respect to an Offer, and may only be amended as described in this Agreement. No
waiver by us of any breach of any term or condition of this Agreement will constitute a waiver
of, or consent to, any subsequent breach of the same or any other term or condition of this
Agreement. If any part of this Agreement is found to be void and unenforceable, it will not affect
the validity of the balance of the Agreement, which shall remain valid and enforceable according
to its terms. The failure to enforce any term of this Agreement on one occasion shall not prevent
enforcement on any other occasion or the enforcement of any other term. Headings and captions
shall not be considered included for purposes of interpretation or application hereof, but are for
convenience only.

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