MasterCard® Worldwide

Priceless Picks End User License Agreement

Thank you for your interest in the Priceless Picks program (the "Program" or "Web Program"). The following end user license agreement ("EULA") governs your use of the Program. MasterCard International Incorporated and its affiliates, successors and assigns ("MasterCard" or "We") requires that you read this EULA carefully before using the Program and/or making any User Pick submission (as defined below) as you are bound by this EULA as well as the terms of our Privacy Policy.

  1. What Is the Priceless Picks Web Program? The Web Program is a place where you can learn about priceless experiences and offers. Many of the Priceless Picks that you see on the Web Program have been generated through MasterCard's licensed data providers including, ShopLocal for merchant offers and Not For Tourists for experiences - ShopLocal offers will be identified using the merchant name, and Not For Tourists experiences will be identified using the name NFT (the "Third Party Picks"). When Third Party Picks are included on the Web Program it will be represented in a square.

    Other Priceless Picks come from users of the Web Program or Application like yourself or Amazon's Mechanical Turks and will be represented in a circle (the "User Pick(s)"). Amazon's Mechanical Turks are User Picks that MasterCard solicits for a small fee for certain key Program events, such as launch date. When User Picks are provided by Amazon's Mechanical Turks it will be identified as submitted by "First name - mturk.com." For more details on how to submit a Priceless Pick and how your User Pick will displayed in the Web Program click here. All of the Third Party Picks and User Picks collectively are referred to as the "Priceless Picks").
  2. Who May Use the Web Program and/or Make a User Pick. You may use the Web Program and/or make a User Pick only if you are a legal resident of the 50 United States or District of Columbia and are at least 18 years old. If you do not meet the above requirements or if you do not agree to this EULA, do not use the Web Program and do not make any User Pick. We reserve the right to change this EULA at any time.
  3. Scope of License. You understand and agree that the Web Program is licensed, not sold, to you for use only as outlined in this EULA. We reserve all rights not expressly granted to you in this EULA. This license is limited to a non-transferable license to use the Web Program on the personal computer that you own or control. This license does not allow you to use the Web Program in a way other than as expressly set forth herein, and you may not distribute or make the Web Program available over a network where it could be used by multiple devices at the same time. You may use the Web Program and make User Picks only in accordance with all applicable laws and regulations. Further, you may not rent, lease, lend, sell, redistribute or sublicense the Web Program or any of the data contained therein, including, without limitation, any Priceless Picks. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Web Program, any updates, or any part thereof, including without limitation, any data contained therein. You acknowledge that We have no obligation whatsoever to furnish any maintenance and support services with respect to the Web Program.
  4. Termination. The license is effective until terminated by you or MasterCard. Your rights under this EULA may be terminated automatically without notice from MasterCard if you fail to comply with any term of this EULA. Upon termination of this EULA, you shall cease all use of the Web Program.
  5. Consent to Use of Data. You agree that We may collect and use technical data and related information, including but not limited to technical information about your device, system and software, and peripherals. We may use this information in connection with the Web Program, use of the Web Program, with your User Picks, to improve our products or to provide services or technologies to you.
  6. Accuracy of Data/No Endorsement. We do not assume any responsibility or liability for the accuracy, completeness or authenticity of any information or data, including without limitation any of the Priceless Picks, contained on the Web Program. Further, the posting of any Priceless Pick shall not be deemed an endorsement by MasterCard of the person, entity or activities that is referenced in any Priceless Pick. The content on the Web Program is provided in part by people who participate in the Web Program or Application, including without limitation, MasterCard business partners, and will not be independently verified by MasterCard. Any decision or action taken by you on the basis of information or content posted on the Web Program is at your sole discretion and risk. Moreover, any location data provided by the Web Program is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, injury, or property damage, including without limitation personal injury and environmental damage. We do not guarantee the availability, accuracy, completeness, reliability, or timeliness of any location data displayed in connection with the Web Program and it is your responsibility to take all reasonable and/or necessary precautions to ensure your safety and the safety of others when making use of the information or content posted on the Web Program. Without limiting the foregoing, you further understand and agree that the Web Program may include or reflect data of licensors, including Her Majesty and Canada Post. Such data is licensed on an "as is" basis. The licensors, including Her Majesty and Canada Post, make no guarantees, representations or warranties respecting such data, either express or implied, arising by law or otherwise, including but not limited to, effectiveness, completeness, accuracy or fitness for a particular purpose.
  7. Proper Use. You agree that the Web Program and the Priceless Picks may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials (including without limitation the Priceless Picks) in any way whatsoever except for permitted use of the Web Program. You further agree not to use the Web Program in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party. You represent and warrant that We are not in any way responsible or otherwise liable in anyway for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Web Program.
  8. Export. United Sates and foreign export control laws regulate the export and re-export of technology originating in the United States and such foreign countries. you agree to abide by these laws and regulations as applicable and will not transfer, directly or indirectly, by electronic transmission or otherwise, the Web Program and/or any content in connection therewith from any countries or foreign nations in violation of such laws or regulations.
  9. User Picks.
    1. Requirements: If you choose to make a User Pick, you agree that the User Pick must be your original work, never before used and not owned by others. Please be sure no one else has any right to the User Pick and no rights in the User Pick have previously been granted to any other person or entity. You may not make any User Pick that violates any law, including without limitation any User Pick that you know is (or is or related to) a false or inaccurate statement, defamatory statement, abusive statement, vulgar statement, hateful statement, harassing statement, obscene statement, profane statement, sexual statement, threatening statement and/or statement invasive of a person's privacy. Also, you may not submit make a User Pick that promotes or is an advertisement or otherwise solicits business for any person or entity, or promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing). If you have questions on what types of User Picks are permissible or impermissible please consult our User Submission Guidelines.
    2. Right to Reject User Picks. We reserve the right to reject any User Pick that We determine does not meet any of the criteria set forth above. Also, We reserve the right not to accept any User Pick for any reason, or no reason at all, if in our discretion, We do not believe that the User Pick is appropriate for the Web Program. We will not advise you as to the reason why your User Pick has not been accepted and We may take down the User Pick even after it has been posted, without notice to you. We may elect to post User Picks that We believe do not violate the intent or purpose of this EULA (e.g., incidental or insignificant uses of copyrighted items) and/or other otherwise make use of User Picks as provided under this EULA.
    3. Ownership And Use of User Picks. By making a User Pick, you understand that you are assigning all right, title and interest (including any rights under copyright law) in and to the User Pick and any concepts or ideas contained in the User Pick to MasterCard, including without limitation any statements produced or created by you as part of the User Pick. The assignment you are making to MasterCard includes the right of MasterCard and our designees to reproduce the User Pick, prepare other works using the User Pick, combine your User Pick with other works, and alter, translate, distribute copies, display, perform, license and apply for copyright registration of the User Pick in MasterCard's name throughout the world in perpetuity in any media that now exists or may exist in the future. For example, the above grant permits MasterCard and our designees to use only certain portions of your User Pick, rewrite the User Pick, and/or incorporate other materials, either created by MasterCard or licensed from others, with your User Pick. If We create other works using the User Pick, those works will be owned by MasterCard and may be used in accordance with this EULA, and shall not be subject to your approval. By making a User Pick, you are waiving and agree not to assert any copyrights or "moral" rights or claim resulting from our alteration of the User Pick or statements or other work contained in the User Pick. By making a User Pick, you are waiving and agree not to assert any right of publicity you or any recognizable person may have with aspect to MasterCard's use of the User Pick. You are also agreeing to appoint MasterCard as your irrevocable attorney-in-fact with respect to the User Pick, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that We can own and protect the rights in the User Pick that you are assigning. IF YOU MAKE A USER PICK, YOU UNDERSTAND THAT YOU CANNOT LICENSE, SELL, DISTRIBUTE OR OTHERWISE EXPLOIT THE USER PICK OR ANY MATERIALS EMBODIED IN THE USER PICK WITHOUT MASTERCARD'S WRITTEN CONSENT.
    4. Other Use of your User Pick. When you make the User Pick, you understand that We will have the right, but not the obligation, to use, display and publish your User Pick throughout the world in perpetuity in any media that now exists or may exist in the future including for advertising and promotional purposes and by MasterCard and its related entities, including without limitation advertising of the Web Program. If We make use of any of the foregoing rights, you understand and agree that you shall not receive any other consideration, or payment, notification or credit, nor will you have any approval over how We use the foregoing rights.
  10. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEB PROGRAM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND PERFORMANCE OF THE WEB PROGRAM IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEB PROGRAM AND ANY SERVICES PERFORMED OR PROVIDED BY THE WEB PROGRAM (THE "SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEB PROGRAM AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEB PROGRAM, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE WEB PROGRAM WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEB PROGRAM OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEB PROGRAM OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE WEB PROGRAM OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WITHOUT LIMITING THE FOREGOING, WE FURTHER DISCLAIM ANY WARRANTIES THAT THE WEB PROGRAM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEB PROGRAM IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE AND/OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE WEB PROGRAM, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. PLEASE SEEK THE ADVICE OF COUNSEL IF YOU HAVE ANY QUESTIONS ABOUT THIS EULA.
  11. Indemnification. You agree to indemnify, defend and hold MasterCard and its agents, business partners and employees, harmless from any liability, loss, claim and expense, including reasonable attorneys' fees and expenses, related to either your violation of this EULA and/or your use of the Web Program.
  12. LIMITATION OF LIABILITY. TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL WE OR OUR AGENTS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEB PROGRAM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR OR OUR AGENTS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR ONE DOLLAR ($1) (WHICHEVER IS LESS), FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE WEB PROGRAM, INCLUDING BUT NOT LIMITED TO, MAKING A USER PICK. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  13. Discontinuation and Modification of Web Program. We reserve the right to immediately and without notice modify, suspend or discontinue, temporarily or permanently, the Web Program (or any part thereof) and/or your ability to access the Web Program and/or to make User Picks for any reason. You agree that We shall not be liable to you for any modification, suspension or discontinuance of the Web Program and/or your ability to make User Picks.
  14. Copyright Infringement and Copyright Agent: We respect the intellectual property of others, and asks the users of the Web Program do the same. If you are the owner of a United States copyright and you believe that your work has been copied on the Web Program in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
    1. a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. a description of where the material that you claim is infringing is located;
    4. your address, telephone number, and e-mail address;
    5. a 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; and
    6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

    Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

    By Mail:
    MasterCard International Incorporated 2000 Purchase Street Purchase , NY 10577 USA

    By Phone:
    1-800-MCAssist (1-800-622-7747)

    By Email:
    copyright_agent@priceless.com

  15. Additional Terms of Use for Data Included on the Web Program. You further acknowledge and agree to the following EULA with respect to map-related data ("Data") contained on the Web Program. In the event of a conflict between the provisions contained in 14(a) through 14(i) below (collectively, the "Maps Data Provisions") and the remainder of this EULA, the Maps Data Provisions shall control, but only as respects to the Data. Otherwise, the remainder of the EULA shall control.
    1. Personal Use Only. You agree to use this Data together with the Web Program for the solely personal, non-commercial purposes for which you were licensed, and not for service bureau, time-sharing or other similar purposes. Accordingly, but subject to the restrictions set forth in the following paragraphs, you may copy this Data only as necessary for your personal use to (i) view it, and (ii) save it, provided that you do not remove any copyright notices that appear and do not modify the Data in any way. You agree not to otherwise reproduce, copy, modify, decompile, disassemble or reverse engineer any portion of this Data, and may not transfer or distribute it in any form, for any purpose, except to the extent permitted by mandatory laws.
    2. Restrictions. Except where you have been specifically licensed to do so by MasterCard, and without limiting the preceding paragraph, you may not (i) use this Data with any products, systems, or web sites installed or otherwise connected to or in communication with vehicles, capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management or similar web sites; or (ii) with or in communication with any positioning devices or any mobile or wireless-connected electronic or computer devices, including without limitation cellular phones, palmtop and handheld computers, pagers, and personal digital assistants or PDAs.
    3. Warning. The Data may contain inaccurate or incomplete information due to the passage of time, changing circumstances, sources used and the nature of collecting comprehensive geographic data, any of which may lead to incorrect results.
    4. No Warranty. This Data is provided to you "as is," and you agree to use it at your own risk. Customer and its licensors (and their licensors and suppliers) make no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from this Data, or that the Data or server will be uninterrupted or error-free.
    5. Disclaimer of Warranty: MasterCard AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some States, Territories and Countries do not allow certain warranty exclusions, so to that extent the above exclusion may not apply to you.
    6. Disclaimer of Liability: MasterCard AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU: IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE INFORMATION; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS INFORMATION, ANY DEFECT IN THE INFORMATION, OR THE BREACH OF THESE TERMS OR CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF MASTERCARD OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States, Territories and Countries do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply to you.
    7. Export Control. You agree not to export from anywhere any part of the Data provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations.
    8. Entire Agreement. This EULA constitutes the entire agreement between MasterCard (and its licensors, including their licensors and suppliers) and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
    9. Governing Law. These Maps Data Provisions shall be governed by the laws of the State of Illinois, without giving effect to (i) its conflict of laws provisions, or (ii) the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded. You agree to submit to the jurisdiction of the State of Illinois for any and all disputes, claims and actions arising from or in connection with the Data provided to you hereunder.
  16. Governing Law/Miscellaneous. This EULA shall be construed, interpreted and performed exclusively according to the laws of the State of New York, United States of America, without giving effect to any principles of conflicts of law. You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms of and Conditions of this Web Program shall be filed only in the Federal or state courts sitting in New York. you hereby consent and submit to personal jurisdiction of such courts for the purposes of any action related to the Web Program, your access or use thereof, or this EULA, and to extra-territorial service of process. Should any part or provision of this EULA be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from this EULA and shall not affect the validity and enforceability of any remaining provisions. This EULA and the attachments linked hereto constitute the only terms between MasterCard and you and the use of the Web Program. This EULA supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Web Program, the content, goods and/or services provided by or through the Web Program, and the subject matter of this EULA. To the extent that anything in or associated with the Web Program is in conflict or inconsistent with this EULA, the EULA shall take precedence. Our failure to enforce any provision of this EULA shall not be deemed a waiver of such provision nor of its right to enforce such provision.