Terms of Use
Updated February 12, 20231. Introduction
Please read these Terms and Conditions (“Terms”) carefully before using or otherwise interacting with this site, its affiliates, or any related services (collectively referred to as the “Service”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, clients, users and others who access or use the Service (“You”, “User”, “Client”, “Your”).By accessing this site, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.By using this site, you agree to these Terms. If in our sole discretion, we determine that you have breached these Terms, we reserve the right to do any of the following without liability or notice to you:- Suspend or terminate your right to use the Service.
- Suspend or terminate your account.
- Cause your Points to be voided and forfeited.
- Cause any Rewards awarded to be voided and forfeited without crediting back any Points.
- Take any other action which we deem appropriate and necessary to protect the Service we offer.
We may revise these terms from time to time, at our sole discretion, by updating this page. Unless otherwise provided below, the revised terms will take effect when they are posted. Your continued use of the site will represent your acceptance to the modified terms. Please review the terms on this site frequently to look for changes.2. Accounts
To create an account (“Account”), you must be either (i) eighteen years of age or older or (ii) if under eighteen years of age, have parental or legal guardian authority and permission to sign up.You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard. You may not use a temporary or disposable email service.You may not share your account with any other person or member in your household, and may not create duplicative accounts. We may request that you provide identification information such as a driver's license or passport in order to verify your identity.At all times, your account information must be complete, accurate and current. When using our service, you must provide answers that are complete and truthful.You may not use a proxy or otherwise attempt to mask or reroute your internet connection.You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.You are required to regularly access and use our Service. Accounts that, for 180 consecutive days, have not either (i) been logged into or (ii) earned any Points during such 180 day period are deemed inactive and all Points associated with such inactive account shall be voided and forfeited.Accounts may not be transferred or exchanged without our written permission, which we may withhold for any reason.3. Points
You have the opportunity to earn points or other consideration (“Points”) by participating in certain tasks offered by us in our sole discretion (“Tasks”). When participating in Tasks, you must adhere to any additional rules specifically pertaining to such Tasks, including, but not limited to, meeting any applicable requirements. The tasks available are subject to change in our sole discretion.We determine in our sole discretion the number of Points to be awarded for the completion of a task. There may be times where we will not award any Points for a task, regardless of reason or whether the task was properly completed by you or not. We are not required to provide you with an explanation if we determine that no Points should be awarded to you for the completion of a task.Points are not a currency and have no cash value or rights attributable to them, except where they may be redeemed for rewards offered on our website (“Rewards”).You may not transfer, exchange, sell or in any way assign Points to a different Account holder or any third party without our written consent, which we may withhold for any reason.4. Rewards
We offer Rewards on our site which you can obtain by redeeming Points you have earned. In our sole discretion we determine, by example and not limitation:- any minimum redemption requirements.
- the number of Points that must be redeemed for a particular Reward.
- the maximum number of Points that you may redeem in a twenty-four hour period.
- the types and quantity of Rewards available.
All redemptions are final, provided, however, that if a Reward is unavailable at the time of redemption, we may credit any redeemed Points back to your Account.Electronic Rewards will be sent to the email associated with the account within the time frame determined by us in our discretion, subject to its availability at the time of redemption. Physical Rewards will be shipped to the physical address associated with the account within the time frame determined by us in our discretion, subject to its availability at the time of redemption.Lost, stolen or damaged Rewards are not subject to replacement and no Points will be refunded for lost, stolen or damaged Rewards. No Points will be refunded for lost, stolen or damaged Rewards.Rewards cannot be exchanged or refunded.5. Restrictions
You agree not to create, post or otherwise transmit, whether on social media or via any other communication channel, any information, data, text, video, messages, or any other materials that:- is offensive and/or promotes racism, bigotry, hatred or physical harm of any kind;
- harasses or advocates harassment of another person;
- exploits people in a sexual, violent, or other improper manner;
- contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
- provides any personal information of anyone other than your own;
- promotes information that is false or misleading or promotes any illegal activities;
- violates any intellectual property or other proprietary right of any third party;
- involves the transmission of spam or other unauthorized communication;
- is other morally objectionable or inappropriate.
You agree not to use or launch any automated system that accesses this site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser.6. Termination
We may terminate or suspend your Account without prior notice or liability if we determine in our sole discretion that you have violated these Terms.Upon termination, your right to use the Service will immediately cease and any Points associated with your account shall be voided and forfeited.All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.7. Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of this site and its licensors. All data or other content provided by any user, and any goodwill associated therewith, shall be the property of, and owned by, this site.8. Third-Party Sites
This Service uses and may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assumes no responsibility for, the availability, content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.We advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.9. Indemnification
Any information provided to you while using the Service is truthful to the best of your knowledge and in the event any such information changes, you shall notify us of any such change within a reasonable amount of time. You agree to defend, indemnify and hold harmless us and our affiliates, licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), relating to in any way of your use and access of the Service, as well as any person's use and access of the Service via your account and password.10. Limitation of Liability
Your use of the Service is at your sole risk. The Service are provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performanceThis site, its affiliates, and its licensors do not warrant that a) the Services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service are free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.We are not responsible for any virus or malware, and related harm, injury and damage, of any nature that your computer or other devices become in contact with while you are using our website, tools or services. Please maintain up to date anti-virus anti-malware software at all time while you are using our website, and related tools, services and functions. We are not responsible for any loss, injury or damage of any nature that takes place due to your usage of the Service.No license to any user of the Service is implied in these disclaimers. Nothing herein shall be construed as limiting or reducing our responsibilities and obligations in violation of any applicable laws or regulations.In no event shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third-party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.We update the Service from time to time, and we may experience delays in updating information on the Service. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be described inaccurately or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will we or our affiliates ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, Rewards, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by us or affiliate, and even if we or such affiliate had been advised of the possibility of such loss or damage being incurred.Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.11. Governing Law; Agreement to Arbitrate; Class Action Waiver
We will try to solve any disagreements quickly and efficiently. These Terms, and any dispute concerning, relating to or arising out of the website and/or your use of the Service, shall be governed by the laws of the United States and the State of New York, without regard to conflict of laws principles. You and us both agree that any dispute or controversy brought by you or us concerning, relating to or arising out of the website and/or the Service shall be settled by binding arbitration to be held in New York, New York under the then existing rules of the American Arbitration Association under its Commercial Arbitration Rules as in effect at the time the dispute or controversy arises. The arbitrator may grant equitable relief and other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration and judgment may be entered on the decision of the arbitrator in any court having jurisdiction. The arbitrator shall apply New York law to the merits of any dispute or claim, without reference to rules of conflicts of law. YOU AND US HEREBY EACH WAIVE THE RIGHT TO HAVE ANY DISPUTE, CLAIM OR CONTROVERSY DECIDED BY A JUDGE OR JURY IN COURT. YOU AND US AGREE THAT EACH MAY BRING AND PURSUE CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES, AND MAY NOT BRING, PURSUE OR ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDING. YOU AND US FURTHER AGREE THAT NEITHER PARTY MAY BRING, PURSUE, OR ACT AS A PLAINTIFF OR REPRESENTATIVE IN ANY PURPORTED REPRESENTATIVE PROCEEDING OR ACTION, OR OTHERWISE PARTICIPATE IN ANY SUCH REPRESENTATIVE PROCEEDING OR ACTION OTHER THAN ON AN INDIVIDUAL BASIS EXCEPT TO THE EXTENT THIS PROVISION IS UNENFORCEABLE AS A MATTER OF LAW. YOU AND US AGREE THAT ANY REPRESENTATIVE CLAIMS THAT ARE FOUND NOT SUBJECT TO ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED IN COURT AND ARE STAYED PENDING THE OUTCOME OF THE ARBITRATION. THE PARTIES AGREE THAT A COURT, NOT THE ARBITRATOR, SHALL DETERMINE WHETHER ANY CLAIM FOUND NOT SUBJECT TO ARBITRATION UNDER THE TERMS MAY PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS.12. Tax Matters
You acknowledge and agree that we do not have the ability, in every instance, to determine whether or not the Points, Rewards, and other consideration you earned or redeemed using this Service are considered reportable taxable earnings in your jurisdiction . You are therefore responsible for any and all tax liability arising from or associated with your use of the Service, including liability arising from your accrual of points or your redemption of such points for cash or other value, and waive any and all claims against us for, or in relation to, the foregoing. As a condition of your continued use of the Service, we reserve the right to require you to provide necessary tax reporting information if our records show that you are or may be required to report the value of your Points, Rewards, or other consideration to an appropriate tax authority. We encourage you, and it is your responsibility, to seek the advice of a tax professional in order to determine the tax consequences of your use of this Service.13. Site Terms of Use Modifications
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. You acknowledge and agree that it is your responsibility to review this site and these Terms periodically and to be aware of any revisions. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.14. Severability of Terms/Waiver/Entire Agreement
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. In no event shall delay or failure to enforce any right or obligation under these Terms be construed as waiver of any such right or obligation by this Service. These Terms, including the Privacy Policy, also posted on this site and hereby incorporated by reference, represent the entire agreement between you and the Service relating to the subject matter contained herein.15. Privacy Policy
Please refer to our Privacy Policy. You agree that they constitute part of these Terms. You must read our Privacy Policy before you use the Service.16. Contact Us
If you have any questions about the rights and restrictions above, please contact us.By continuing to sign in and use this Service, you agree to abide by these Terms.
