Saturday, November 3, 2012

American Express Sync Your Card - Twitter: Program Terms and Conditions

US Program Terms and Conditions

These terms and conditions apply to anyone holding a US issued Card.

Last Modified: October 30, 2012

PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS (THIS "AGREEMENT") BEFORE REGISTERING FOR THE PROGRAM TO REDEEM OFFERS (i) DELIVERED OR DISPLAYED THROUGH YOUR FOURSQUARE®, FACEBOOK® AND/OR TWITTER ACCOUNT, OR (ii) EITHER DISPLAYED WITHIN YOUR XBOX 360 CONSOLE OR ACHIEVED THROUGH IN-GAME PERFORMANCE WITHIN A GAME THAT YOU PLAY ON THE XBOX 360 CONSOLE, AS THE CASE MAY BE (EACH, AN "OFFER"; SUCH PROGRAM, THE "PROGRAM"). BY REGISTERING FOR ANY PART OF THE PROGRAM, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC. AND ITS AFFILIATES (COLLECTIVELY, "AXP"). IF YOU DO NOT AGREE WITH SUCH TERMS AND CONDITIONS, YOU SHOULD NOT REGISTER FOR THE PROGRAM. ADDITIONALLY, YOUR PARTICIPATION IN THE PROGRAM IS SUBJECT TO THE TERMS APPLICABLE TO INDIVIDUAL OFFERS (THE "OFFER TERMS").

Table of Contents
A. Eligibility/Registration/Withdrawal

  1. Eligibility. To participate in the Program, you must be an Eligible Cardmember. You are an "Eligible Cardmember" if you: (1) are a valid holder of an Eligible Card (as defined below); (2) for Foursquare, have an active account with Foursquare (www.foursquare.com), are able to access Foursquare via your mobile device, and complete the steps described below to register/"sync" your Eligible Card to your Foursquare account; (3) for Facebook, have an active account with Facebook (www.facebook.com), are 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; (4) for Twitter, have an active, "public" (and not "protected") account with Twitter (www.twitter.com), are 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; and (5) for Xbox, have an active account with Xbox LIVE (http://www.xbox.com/en-US/live), have an Xbox 360 console, and complete the steps described below to register/"sync" your Eligible Card to your Xbox LIVE Gamertag.

    For the purposes hereof, 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 by a third party bank licensed to issue AXP-branded Cards. Prepaid Cards (including, without limitation, American Express Gift Cards and Serve Cards) and Corporate Cards are not considered Eligible Cards. Use of your Eligible Card is subject to the agreement governing the Eligible Card account (the "Cardmember Agreement").

    The Eligible Card that you register for the Program (whether you register for Offer(s) through any of Foursquare, Facebook, Twitter or Xbox) is referred to as the "Synced Card". You may only have one Synced Card per each of Foursquare, Facebook and/or Twitter account, and per Xbox LIVE Gamertag at a time. However, you may use the same Eligible Card to register for the Program with Foursquare, Facebook and/or Twitter accounts, and/or an Xbox LIVE Gamertag. If you wish to change the Synced Card to a different Eligible Card, then you must first "unsync" the current Synced Card as described in paragraph 3 below. If AXP does not receive information that identifies a transaction as qualifying for an Offer, the transaction will not qualify for the Offer. For example, your transaction will not qualify if: (i) the merchant uses a mobile or wireless card reader to process it; (ii) it is made with an electronic wallet or through a third party; or (iii) it is not made directly from the merchant.

  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 AXP 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. For Blackberry mobile devices, please note that you can only participate in the Program using a BlackBerry with OS 6.0 or later. If you have any problems with your registration, please contact Customer Service at https://sync.americanexpress.com/foursquare/CustomerService or call the number on the back of the Eligible Card you wish to register.
    2. Facebook. To register/"sync" your Eligible Card to your Facebook account, you must: (1) be logged into your Facebook account, access the "Amex Sync" application and allow any permissions requested by such application, (2) visit the registration page located at aexp.co/amexfb or such other URL as AXP 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 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 AXP may designate from time to time (the "Twitter Sync Page," 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 or call the number on the back of the Eligible Card you wish to register.
    4. Xbox. To register/"sync" your Eligible Card to your Xbox LIVE Gamertag, you must: (1) visit the registration page located at https://sync.americanexpress.com/xbox or such other URL as AXP may designate from time to time (the "Xbox Sync Page" and, together with the Foursquare Sync Page, the Facebook Sync Page, and the Twitter Sync Page, the "Registration Pages"), (2) follow instructions on the Xbox Sync Page to register your Eligible Card, (3) receive on a "thank you" page (and in an email) an access code and instructions to go to the BDE within the Xbox LIVE dashboard to provide the access code in order to complete the "sync," (4) turn on your Xbox 360 console and select an AXP advertisement with your controller to open a Branded Destination Experience ad unit ("BDE"), (5) opt-in to have your LIVE Gamertag shared with AXP, and (6) enter in the access code received on both americanexpress.com and in your email. If you have any problems with your registration, please contact Customer Service at https://sync.americanexpress.com/xbox/CustomerService or call the number on the back of the Eligible Card you wish to register.
  3. Withdrawal. You may withdraw your participation in the Program from Foursquare, Facebook or Twitter by "unsyncing" your Synced Card at https://sync.americanexpress.com/unsync. You may withdraw your participation in the Program on Xbox by calling our Customer Service representative at the number listed on the back of your Eligible Card. "Unsyncing" your Synced Card with one social media account will not automatically "unsync" your Synced Card with any other social media accounts. For assistance, contact Customer Service through the following URLs: 
    Foursquare: https://sync.americanexpress.com/foursquare/CustomerService; 
    Facebook:https://sync.americanexpress.com/facebook/CustomerService; 
    Twitter: https://sync.americanexpress.com/twitter/CustomerService; 
    Xbox: http://amexbox.com/CustomerService

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B. How the Program Works
  1. Offer Notifications and Redemption.
    1. General. To redeem an Offer, you must have an active Eligible Card account, which is not in default and you must comply with the applicable Offer Terms. AXP may provide Offers with redemption instructions other than in paragraphs b through d below (e.g. "Redeem Online") and additional terms and conditions. Transactions that satisfy all requirements specified in the Offer Terms and this Agreement are referred to as "Qualifying Transactions."
    2. Foursquare. You may view available Offers near your current location by using the "Explore" function in your Foursquare account. Also, when you "check in" to a location for which an Offer exists, an Offer notification will be displayed in Foursquare. You must activate certain Offers by pressing "Load to Card" or similar button after you have "checked in" to the Offer location. To redeem an Offer, you must follow the instructions in the Offer Terms and use your Synced Card for the entire purchase described in the Offer at the location described in the Offer, unless otherwise indicated in the Offer Terms.
    3. Facebook. Once you have completed the registration/"syncing" process, when you are logged into your Facebook account and you access the "Amex Sync" application, you will be presented with available Offers (such as, 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. To redeem an Offer, you must follow the instructions in the Offer Terms that appear in the communication containing the Offer and use your Synced Card for the entire purchase described in the Offer at the location described in the Offer, unless otherwise indicated in the Offer Terms.

    4. Twitter. You may view available offers on the American Express "Favorites" tab on Twitter. American Express and participating merchants may also Tweet available Offers to their followers through Twitter. Once you have completed the registration/"syncing" process, you must activate certain Offers by posting a Tweet that includes the #hashtag provided for that Offer. AXP will send you an @reply message from @amexsync.com to confirm your enrollment in an Offer, or to notify you that an Offer is no longer available. If you do not receive such @reply message, you should direct message AXP at @AskAmex. AXP may also send you @reply messages to remind you of your enrollment in Offers you have not yet redeemed. (Note: Any @reply messages AXP sends will be publicly viewable.) You may opt out of receiving reminder @reply messages by contacting Customer Service.

      You must receive a confirmation message from @amexsync stating that an Offer has been added to your Card before you can redeem such Offer. This confirmation message will begin with your @username and will appear in your "Mentions" tab on the Connect page. To redeem the Offer, you must follow the instructions in the Offer Terms that appear in such communication message and use your Synced Card for the entire purchase described in the Offer at the location described in the Offer, unless otherwise indicated in the Offer Terms.

    5. Xbox. You may view available Offers in BDEs displayed on your Xbox dashboard. Once you have completed the registration/"syncing" process, you must activate these Offers by clicking the "Load to Card" or similar button. To redeem these Offers, you must follow the instructions in the Offer Terms that appear in the communication containing the Offer and use your Synced Card for the entire purchase described in the Offer at the location described in the Offer, unless otherwise indicated in the Offer Terms. There are also Offers available based on achievements through in-game performance within a game that you play on an Xbox 360 console: for these Offers when you complete Registration/"Syncing." You become eligible to receive these Offers, pending your playing the game with your "synced" Xbox LIVE Gamertag on the Xbox 360 console and reaching the stated achievement.
  2. Issuance of Statement Credits.

    Statement credits will appear on your billing statement within eight weeks after the Qualifying Transactions. Statement credit may be reversed if a Qualifying Transaction is returned/cancelled.

    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 Qualifying Transactions, on the charge after any statement credits have been applied. If the Qualifying Transaction is subject to finance charges, such charges may accrue on the total amount of the Qualifying 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 Qualifying 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).

  3. Other Notifications.

    Once you have registered for the Program, AXP may send you 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.

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C. Privacy and Security

AXP uses your personally identifiable information ("PII"), such as name, email address, and Eligible Card account number, to confirm your eligibility for registration in the Program and to provide you Offers through the Program. AXP uses your Xbox LIVE Gamertag to confirm your eligibility for registration in the Xbox Program. AXP also uses information you provide through Foursquare, Facebook and/or Twitter regarding your location to provide you with relevant Offers. AXP does not provide Foursquare, Facebook, Twitter or Microsoft Online Inc. ("Microsoft") (for Xbox) (together, the "Program Partners") access to your Eligible Card account number or to any of your other PII that you registered on the Registration Pages. Instead, to facilitate your participation in the Program with Foursquare, Facebook and Twitter, AXP creates a unique identifier that does not contain your AXP account number, which serves to identify you to Foursquare, Facebook and/or Twitter as an American Express customer possessing a Synced Card ("UID"). To facilitate your participation in the Program with Xbox, AXP creates aunique access code that does not contain your AXP account number and identifies you as an American Express customer possessing a Synced Card, which access code you would need to provide to Microsoft through the Xbox 360 to enable Microsoft to provide AXP with your Gamertag ("Access Code"). In addition to identifying you to the Program Partners as an American Express customer possessing a Synced Card and to help facilitate the process of making Offers and enrolling you in Offers through the Program, your UID and/or Access Code may enable the Program Partners to know which offers you've added to your Synced Card. AXP does not provide a merchant participating in an Offer with access to your UID, Access Code or to any of your PII from the Program Sync Pages.

Any information you provide to AXP in connection with the Program (e.g., information submitted during registration) shall be governed by the Privacy Statement available at www.amexnetwork.com/privacy.html.

You agree to immediately notify AXP if you suspect fraudulent or abusive activity in connection with this Program or an Offer. If AXP suspects fraudulent or abusive activity, you will cooperate with AXP in any investigation thereof and use any fraud prevention or other measures AXP prescribes. Your failure to so cooperate or to use such measures will result in your liability for all fraudulent usage or abusive activity associated with your equipment and the Eligible Card you use to register for the Offer(s). AXP reserves the right, at its sole discretion, to disqualify any person suspected of tampering with any aspect of the Program, an Offer, or any program made available by AXP, or that AXP believes to be acting in an improper or disruptive manner, and to seek damages from any such person to the fullest extent permitted by law.

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D. Availability/Limitations on Liability/Disclaimer of Warranties

AXP reserves the right, at its sole discretion and at any time, to suspend, cancel or terminate your eligibility to participate in the Program, any Offer(s), registration for any Offer(s) and fulfillment of any Offer(s) for any reason, with or without notice, including, without limitation, if AXP determines or otherwise suspects that you have engaged in improper, unlawful or other activity in violation of the law or otherwise not in conformance with this Agreement.

You are solely responsible for obtaining and maintaining all telecommunications, broadband, equipment (including without limitation an Xbox 360 console), and services needed to access and use a Registration Page or the Program. AXP, its licensed issuers, agencies, participating merchants, third party service providers, internet service providers, and their respective employees, officers, directors and agents (collectively with AXP, "Released Parties") are not responsible for: (1) any aspect of any Offer, including, without limitation, incorrect or inaccurate information associated with or utilized in an Offer; (2) any transmission delays, interruptions, omissions, deletions, defects, or failures of any kind resulting in suspension of an Offer, a Registration Page, the Program or otherwise, including, without limitation, equipment or system malfunctions, performance degradations, service interruptions, or disconnections or disruptions in phone lines, network hardware or software or Internet connectivity; (3) unauthorized human intervention in any part of the purchase process, an Offer or the Program; or (4) computer, mechanical, printing, typographical, technical or non-technical, or human or other errors or omissions or computer viruses or damage which may occur in connection with the administration of an Offer, a Registration Page or the Program or the processing of your registration for or fulfillment of an Offer. If any of the foregoing occurs, your sole remedy shall be to terminate this Agreement.

THE PROGRAM, THE REGISTRATION PAGES AND THE OFFER(S) ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. AXP SPECIFICALLY DISCLAIMS ANY WARRANTIES REGARDING ANY GOODS OR SERVICES ADVERTISED IN CONJUNCTION WITH THE OFFER(S), AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY RELEASE THE RELEASED PARTIES FROM ALL CLAIMS RELATING TO YOUR PARTICIPATION IN THE OFFER(S) OR THE PROGRAM, ACCESS TO AND REGISTRATION ON A REGISTRATION PAGE, AND USE OF ANY PRODUCTS, SERVICES, OR OFFERS OBTAINED IN CONNECTION WITH THE OFFER(S).

This paragraph D shall survive termination of this Agreement.

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E. No Amendment of Existing Terms and Conditions/Foreign Currency Conversion

THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE OFFER TERMS DO NOT AMEND, CHANGE OR REPLACE ANY OTHER NOTICE OR INFORMATION THAT YOU MAY RECEIVE IN CONNECTION WITH YOUR ELIGIBLE CARD ACCOUNT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION PROVIDED TO YOU ON YOUR PERIODIC STATEMENT OR CARDMEMBER AGREEMENT. IN CASE OF ANY CONFLICT BETWEEN THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOUR CARDMEMBER AGREEMENT, THE TERMS AND CONDITIONS OF YOUR CARDMEMBER AGREEMENT SHALL CONTROL.

FOREIGN CURRENCY CHARGES WILL BE CONVERTED BY THE ISSUER OF YOUR ELIGIBLE CARD.

IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR ELIGIBLE CARD ACCOUNT, INCLUDING, WITHOUT LIMITATION, FOREIGN CURRENCY CONVERSION, PLEASE CALL THE NUMBER ON THE BACK OF YOUR ELIGIBLE CARD FOR ASSISTANCE.

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F. Governing Law

If your Eligible Card is issued by AXP, this Agreement and any and all claims arising out of or in connection with the terms and conditions of this Agreement shall be governed by and interpreted under the Governing Law section of your Cardmember Agreement, which you can access here: https://www212.americanexpress.com/dsmlive/dsm/int/us/en/cmaproductspage.do?vgnextoid=bbf185df62df5210VgnVCM100000defaad94RCRD&source=footer_card_agreements&inav=footer_card_agreements.

If your Eligible Card is issued by a third-party bank licensed to issue AXP-branded cards, this Agreement and any and all claims arising out of or in connection with the terms and conditions of 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.

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G. Dispute Resolution

For this section, a "claim" means any current or future claim, dispute or controversy relating to the Offer(s) or this Agreement. "We" and "us" means AXP and any corporate parents, subsidiaries, affiliates or related persons or entities. If your Eligible Card is issued by AXP, any and all claims shall be governed by the Dispute Resolution and/or Arbitration section of your Cardmember Agreement, which you can access here: https://www212.americanexpress.com/dsmlive/dsm/int/us/en/cmaproductspage.do?vgnextoid=bbf185df62df5210VgnVCM100000defaad94RCRD&source=footer_card_agreements&inav=footer_card_agreements. If your Eligible Card is issued by a third-party bank licensed to issue AXP-branded cards, any and all claims shall be governed by the Arbitration subsection set forth below.

This paragraph F shall survive termination of the Agreement. If any portion of this Dispute Resolution section, except as otherwise provided in the Limitations on Arbitration subsection below, is deemed invalid or unenforceable, it will not invalidate the remaining portions of this Dispute Resolution section.

Arbitration

You or we may elect to resolve any claim by individual arbitration. Claims are decided by a neutral arbitrator.

IF ARBITRATION IS CHOSEN BY ANY PARTY, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, YOU AND WE WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. ARBITRATION PROCEDURES ARE GENERALLY SIMPLER THAN THE RULES THAT APPLY IN COURT, AND DISCOVERY IS MORE LIMITED. THE ARBITRATOR'S DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS YOU OR WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

The party electing arbitration may select either JAMS (1-800-352-5267, jamsadr.com) or the American Arbitration Association ("AAA") (1-800-778-7879, adr.org). Claims will be resolved pursuant to this Arbitration provision and the rules of the selected organization, except where those rules conflict with this Agreement. If we choose the organization, you may select the other within 30 days after receiving notice of our selection. Contact JAMS or AAA to begin an arbitration or for other information. Claims also may be referred to another arbitration organization if you and we agree in writing or to an arbitrator appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA"). We will not elect arbitration for any claim you file in small claims court, so long as the claim is individual and pending only in that court. You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered. Either you or we may delay enforcing or not exercise rights under this Arbitration provision, including the right to arbitrate a claim, without waiving the right to exercise or enforce those rights.

Limitations on Arbitration

IF EITHER PARTY ELECTS TO RESOLVE A CLAIM BY ARBITRATION, THAT CLAIM WILL BE ARBITRATED ON AN INDIVIDUAL BASIS. THERE WILL 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, OTHER CARDMEMBERS OR OTHER PERSONS SIMILARLY SITUATED.

The arbitrator's authority is limited to claims between you and us alone. Claims may not be joined or consolidated unless you and we agree in writing. An arbitration award and any judgment confirming it will apply only to the specific case and cannot be used in any other case except to enforce the award. Notwithstanding any other provision and without waiving the right to appeal such decision, if any portion of these Limitations on Arbitration is deemed invalid or unenforceable, then the entire Arbitration provision (other than this sentence) will not apply.

Arbitration Procedures

This Arbitration provision is governed by the FAA. The arbitrator will apply applicable substantive law, statutes of limitations and privileges. The arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to evidence or discovery. Subject to the Limitations on Arbitration, the arbitrator may otherwise award any relief available in court. The arbitration will be confidential, but you may notify any government authority of your claim. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing or by an in-person hearing. At any party's request, the arbitrator will provide a brief written explanation of the award. The arbitrator's award will be final and binding, except for any right of appeal provided by the FAA. Judgment upon any award may be entered in any court having jurisdiction. At your election, arbitration hearings will take place in the federal judicial district of your residence.

You will be responsible for paying your share of any arbitration filing, administrative, hearing or other fees ("arbitration fees"), but only up to the amount of the court filing fees you would have incurred if you had brought a claim in court. We will be responsible for any additional arbitration fees. At your written request, we will consider in good faith making a temporary advance of your share of any arbitration fees, or paying for the reasonable fees of an expert appointed by the arbitrator for good cause. If the arbitrator rules in your favor for an amount greater than any offer we made before arbitration, the arbitrator's award will include: (1) any money to which you are entitled, but in no case less than $5,000; and (2) any reasonable attorneys' fees, costs and expert and other witness fees.

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H. Changes to This Agreement

AXP reserves the right to change or modify this Agreement from time to time by posting such modified version on https://sync.americanexpress.com/Partner/Terms. Upon modification, AXP will update the date indicated after "Last Modified" at the beginning of this Agreement. If you do not agree with the current or a modified version of this Agreement, you must not participate in the Program. You may withdraw your participation in the Program by "unsyncing" your Synced Card(s) at https://sync.americanexpress.com/unsync. For assistance, contact Customer Service through the following URLs: 
Foursquare: https://sync.americanexpress.com/foursquare/CustomerService; 
Facebook: https://sync.americanexpress.com/facebook/CustomerService; 
Twitter: https://sync.americanexpress.com/twitter/CustomerService; and 
Xbox: http://amexbox.com/CustomerService

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.

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UK Sync Programme Terms and Conditions

These terms and conditions apply to anyone holding a UK issued Card.

Last Modified: October 30, 2012

Please carefully review the following terms and conditions of your country (the "Agreement") before registering to receive offers through the third-party platform Foursquare® and/or Xbox LIVE® on Xbox 360® (the "Programme"). By registering for any offer displayed to you through your Foursquare or Xbox LIVE account (each, an "Offer"), you are agreeing to be bound by this Agreement with American Express Travel Related Services Company, Inc. ("AXP").

The additional terms and conditions between you and the merchant which apply to specific Offers ("Offer Terms") will be displayed in conjunction with each Offer. Offers will be provided only to Eligible Cardmembers (as defined below) who have registered for the Programme and agreed to be bound by this Agreement and the Offer Terms.

Table of Contents
A. Eligibility and Registration

  1. Eligibility. To participate in the Programme or to redeem an Offer, you must meet the following eligibility requirements:

    • You must be 18 years of age or older and be a valid holder of an Eligible Card registered with the Programme. An "Eligible Card" is a valid American Express card issued in the UK by American Express Services Europe Limited or a licensed third party issuer of cards on the American Express Network ("Licensed Issuer") but excluding prepaid cards, gift cards and corporate cards.
    • You must meet any additional eligibility requirements contained in the Offer Terms.
    • The account under which the Eligible Card is issued must be active and not in default.
    • 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 Xbox, you must have an active account with Xbox LIVE (www.xbox.com/en-US/live), have an Xbox 360 console, and complete the steps described below to register/"sync" your Eligible Card to your Xbox LIVE Gamertag.

    Cardmember that satisfies these requirements is referred to as an "Eligible Cardmember."

    The Eligible Card that you register/sync for the Programme (whether you register for Offer(s) on Foursquare or Xbox LIVE) is referred to as the "Registered Card". Each Eligible Cardmember may only have one Registered Card per Foursquare account or per Xbox LIVE Gamertag at a time. If you wish to register/sync a different Eligible Card than provided previously, you must first "unsync" the current 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.co.uk/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 register/sync such Eligible Card to your Foursquare account. If you have any problems with your registration, please contact Customer Service at https://sync.americanexpress.co.uk/foursquare/CustomerService or call the number on the back of the Eligible Card you wish to register.
    2. Xbox. To register/"sync" your Eligible Card to your Xbox LIVE Gamertag, you must: (1) visit the registration page located at http://amexbox.co.uk/ or such other URL as AXP may designate from time to time (the "Xbox Sync Page" and, together with the Foursquare Sync Page the "Registration Pages"), (2) follow instructions on the Xbox Sync Page to register your Eligible Card, (3) receive on a "thank you" page (and in an email) an access code and instructions to go to the Branded Destination Experience ("BDE") within the Xbox LIVE dashboard to provide the access code in order to complete the "sync," (4) turn on your Xbox 360 console and select an AXP advertisement with your controller to open a BDE ad unit, (5) opt-in to have your Xbox LIVE Gamertag shared with AXP, and (6) enter in the access code received on both the Xbox Sync Page and in your email. If you have any problems with your registration, please contact Customer Service at http://amexbox.co.uk/CustomerServiceor call the number on the back of the Eligible Card you wish to register.

  3. Cancelling Your Participation in the Programme. AXP reserves the right to interrupt, restrict, disqualify or terminate your eligibility to participate in the Programme or receive the Offers on reasonable grounds. If we do this, we will tell you. You may withdraw your participation in the Programme by "unsyncing" your Registered Card at any time by contacting Customer Service through http://amexbox.co.uk/CustomerService. You may withdraw your participation in the Programme on Xbox by contacting our Customer Service representatives using the number on the back of your Registered Card or through http://amexbox.co.uk/CustomerService. A Customer Service representative will inform you once your "unsync" is successful.

    "Unsyncing" your Synced Card with your Foursquare account will not automatically "unsync" your Synced Card with your Xbox LIVE account, or the other way around. For assistance, contact Customer Service through the following URLs: 
    Foursquare: https://sync.americanexpress.co.uk/foursquare/CustomerService;
    Xbox: http://amexbox.co.uk/CustomerService

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B. How the Programme 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, if you would like to take advantage of the Offer, you must first activate certain Offers by pressing the "Load to Card" or similar button. To redeem an Offer, you must follow the instructions in and comply with 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. Xbox. You may view available Offers in BDEs displayed on your Xbox dashboard. Once you have completed the registration/"syncing" process, you must activate these Offers by clicking the "Load to Card" or similar button. To redeem these Offers, you must follow the instructions in the Offer Terms that appear in the communication containing the Offer and use your Synced Card for the entire purchase described in the Offer at the location described in the Offer, unless otherwise indicated in the Offer Terms. There are also Offers available based on achievements through in-game performance within a game that you play on an Xbox 360 console: for these Offers when you complete Registration/"Syncing." You become eligible to receive these Offers, pending you are playing the game with your "synced" Xbox LIVE Gamertag on the Xbox 360 console and reaching the stated achievement.

    3. General. We may also provide Offers with other redemption instructions (e.g. "Redeem Online") and additional terms and conditions. Transactions that satisfy all the requirements specified in the Offer Terms and this Agreement are called "Eligible Transactions." If AXP does not receive information that identifies a transaction as qualifying for an Offer, the transaction will not qualify for the Offer. For example, your transaction will not qualify if: (i) the merchant uses a mobile or wireless card reader to process it; (ii) it is made with an electronic wallet or through a third party; or (iii) it is not made directly from the merchant.

      You will receive the benefit mentioned in an Offer within the timeframe stated in the Offer Terms. Statement credits will generally be issued within three (2)-five (3) business days after the Eligible Transactions, but may take up to two (2) billing periods to post to your account. Note that if an item is returned or an Eligible Transaction is cancelled, a statement credit will be reversed.

      Please note: your ability to earn other types of rewards - such as Membership Rewards - will only be earned in the case of Eligible Transactions, on the net balance of your spend after any statement credits have been applied. If the Eligible Transaction is subject to interest or other charges ("Fees"), such Fees will accrue on the total amount of the Eligible Transaction prior to the application of any statement credit, and the balance upon which such Fees 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 Programme, we may also send you other notifications through your Foursquare account based on your Foursquare activity to help enhance your Programme experience. Such notifications will not always be associated with an Offer.

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C. Information We Collect and How We Use It

We use your personal information such as name, email address and account number to confirm your eligibility for registration in the Programme and to provide you with Offers through the Programme. We also use information you provide through Foursquare regarding your location ("Location Data") to provide you with relevant Offers from AXP or merchants. AXP uses your Xbox LIVE Gamertag to confirm your eligibility for registration in the Programme via Xbox LIVE. For Foursquare and Xbox LIVE respectively, AXP will not provide Foursquare or Microsoft Online Inc. ("Microsoft") (for Xbox) access to your account number or to any of your other personal information. Instead, for Foursquare, AXP will create a unique identifier ("UID") that does not contain your account number, which will serve to identify you to Foursquare to facilitate your participation in the Programme. For Xbox LIVE, AXP creates an access code that serves to identify you to Microsoft, who then provide AXP with your Xbox LIVE Gamertag to facilitate your participation in the Programme. By providing your access code in the Xbox 360 console, you are identifying to Microsoft that you are an AXP Cardmember, and Microsoft will use this information to facilitate the process of making Offers available to you on Xbox. We will not provide the merchant participating in the Offer with access to this UID or to any of your personal information (including your Location Data).

Any information provided to AXP by you in connection with the Programme, such as information submitted during registration, shall also be governed by the American Express Network Privacy Statement, available at amexnetwork.com/ukprivacy.

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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 or Microsoft.

You are responsible for obtaining and maintaining all telecommunications, broadband, or otherequipment (including without limitation an Xbox 360 console) and services needed to participate in the Programme and access and use any websites provided for this purpose.

You acknowledge that AXP, Licensed Issuers, agencies, participating merchants, ISPs and service providers shall not be liable to you if any Offer is unavailable, interrupted or suspended for any reason. If any Offer is unavailable, or is interrupted or suspended, and you are dissatisfied with this, you may terminate this Agreement, without prejudice to any other legal rights or remedies you may have.

AXP reserves the right to suspend, cancel or terminate any Offer if any fraud, technical failures or any other factor impairs the integrity or proper functioning of the Offer.

AXP also reserves the right to close the Programme at any time on reasonable grounds.

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E. Fraudulent and Abusive Activity

You agree to immediately notify us if you suspect fraudulent or abusive activity is taking place in connection with the Programme on either or both of your Foursquare or Xbox LIVE accounts. If you so notify us or we otherwise suspect fraudulent or abusive activity, you agree to provide reasonable cooperation to us in any fraud investigation and to use any reasonable fraud prevention measures we prescribe.

AXP reserves the right to disqualify any individual suspected of tampering with any aspect of an Offer or any other current or prior Programme made available by AXP. AXP also reserves the right to disqualify any individual that it reasonably believes intends to tamper with an Offer or that it believes to be acting in any manner deemed by AXP acting reasonably to be improper or disruptive or with intent to annoy, abuse, threaten, or harass any other person.

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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.co.uk/Partner/Terms and we will notify you of the change or modification. 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 Programme. You may withdraw your participation in the Programme by "unsyncing" your Registered Card at any time by contacting Customer Service through https://sync.americanexpress.co.uk/foursquare/CustomerService (for Foursquare) or http://amexbox.co.uk/CustomerService (for Xbox LIVE).

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G. Limitations on Liability

If we break this Agreement, we will not be liable to you for losses and costs caused by abnormal or unforeseeable events, that we cannot reasonably control and which would have been unavoidable despite all reasonable efforts to prevent the event happening, or resulting from us complying with any relevant requirement under any law or regulation to which we are subject. This may include service interruptions, delays or failures which may occur in connection with the administration of an Offer.

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H. No Amendment of Existing Terms and Conditions For Cards

The terms and conditions of this Agreement and the Offer Terms do not amend or replace any terms and conditions of 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.

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I. Governing Law

This Agreement is governed by the non-exclusive laws of England and the courts of England shall have non-exclusive jurisdiction over all parties to the Agreement.

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J. Assignment

We may assign, transfer or sell our rights, benefits or obligations under this agreement at any time to an American Express affiliate or to a third party. We may do this without giving you notice beforehand. Your rights under this Agreement and your legal rights will not be affected. You are not entitled to transfer all or any part of your rights or obligations under this Agreement to a third party.

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K. Entire Agreement

This Agreement together with the Offer Terms makes up the entire agreement for your participation in the Programme. It replaces any previous terms provided to you. If we fail to exercise any of our rights under this Agreement, this will not be a waiver of our rights and will not prevent us from exercising them later. If any provision of this Agreement conflicts with any applicable law or regulation, that provision will be deemed to be modified or deleted so as to be consistent with law or regulation. This will not affect the parties' obligations which will continue as amended.

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