Terms of Service

INTRODUCTION; AGREEMENT TO THIS TERMS OF SERVICE

Welcome to Rewardy ("Rewardy", "we", or "us"). This text explains the terms by which you may use our online and mobile services, website rewardy.co, and software provided on or in connection with the service (collectively the "Services"). These Services are designed to help people eat healthy. By accessing or using these Services, you acknowledge and agree to these Terms of Service (the "Terms") and the RewardBot Privacy Policy. These Terms apply to all users of these Services. If you do not agree to these Terms, please do not use these Services.

BEFORE USING ANY REWARDY SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY ACCESSING, BROWSING AND/OR USING THE REWARDY SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH IN THE REWARDY REGISTRATION PROCESS (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE), ALL OF THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS TO THIS TERMS OF SERVICE, AND ALL GUIDELINES (COLLECTIVELY, THE "AGREEMENT"). IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE REWARDY SERVICES IMMEDIATELY.

THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND REWARDY.

ALL THE REWARDY SERVICES ARE AVAILABLE ONLY FOR INDIVIDUALS AGED 14 YEARS OR OLDER, AND SOME OF THE REWARDY SERVICES ARE AVAILABLE ONLY FOR PERSONS 18 YEARS OR OLDER. IF YOU ARE 14 OR OLDER BUT UNDER THE AGE OF 18, THEN YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THIS AGREEMENT. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THIS AGREEMENT ON YOUR BEHALF THROUGH THE REWARDY REGISTRATION PROCESS. IF YOU ARE A PARENT OR GUARDIAN ENTERING INTO THIS AGREEMENT FOR THE BENEFIT OF A CHILD OVER 14, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE REWARDY SERVICE, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

1. IMPORTANT DISCLAIMERS.


THE REWARDY SERVICES ARE INTENDED ONLY AS PERSONAL, FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE REWARDY SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.

YOU ACKNOWLEDGE AND AGREE THAT REWARDY HAS OFFERED THE REWARDY SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH BELOW. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND REWARDY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND REWARDY. REWARDY WOULD NOT BE ABLE TO PROVIDE THE REWARDY SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.

2. PRIVACY NOTICE; GUIDELINES TO INDIVIDUAL FEATURES AND SERVICES


Rewardy's Privacy Notice is hereby incorporated into this Agreement by reference. Please read this notice carefully for disclosures relating to the collection, use, and disclosure of your personal information and real-time location information.

When using any of the Rewardy Services, you will be subject to any additional posted guidelines or rules applicable to certain features, which may be posted from time to time (the "Guidelines"). For example, the Rewardy Services may offer you opportunities to review certain events and venues, post event announcements, send messages to other Users, and to enter contests and sweepstakes. All Guidelines are hereby incorporated by reference into this Agreement.

3. MODIFICATION OF THIS AGREEMENT


We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement or any Guidelines at any time. Please check this Agreement and all Guidelines periodically for changes. Your continued use of the Rewardy Services after the posting of any modifications or changes constitutes your binding acceptance of such changes. Please note that additional and/or different conditions and terms of use may apply to services or products provided through one or more of our partners, advertisers, or business associates, and you should refer to those before using such services or products. For any material changes to this Agreement or any Guidelines, you acknowledge and agree that any such amended or modified terms shall automatically be effective thirty (30) days after they are initially posted on Rewardy Services.

4. OWNERSHIP; PROPRIETARY RIGHTS


The Rewardy Services are owned and operated by Rewardy. The Rewardy Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the Rewardy Services (collectively, the "Materials") are protected by Israel copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the Rewardy Services are the property of Rewardy or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Rewardy Services are proprietary to Rewardy or its affiliates and/or third-party licensors. Except as expressly authorized by Rewardy, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

5. PASSWORD


When you register for the Rewardy Services you may be asked to provide a password. We recommend passwords that use a combination of upper and lower case letters, numbers and symbols. As you will be responsible for all activities that occur under your password, you should keep your password strictly confidential at all times. YOU MUST NOTIFY REWARDY IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR IF YOU BELIEVE THAT YOUR PASSWORD IS NO LONGER CONFIDENTIAL AND KNOWN ONLY TO YOU. We reserve the right to suspend your account and/or require you to alter your password if we believe for any reason that your password is no longer secure. YOU MAY NOT SHARE YOUR REWARDY ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON. We are not liable for any loss or damage arising from your failure to comply with the above requirements.

6. PAYMENT TERMS; CANCELLATION


You agree to pay any fees due for and incurred by your use of the Rewardy Services. Any payments and fees for your purchase and use of the Rewardy Services may be managed by your mobile carrier or Rewardy. Please refer to your mobile carrier's regular billing statement for charges related to the Rewardy Services, and contact your mobile provider directly with any questions or comments related to these fees. If your mobile provider notifies Rewardy that your account is past due, then your Rewardy Services subscription may be deactivated without notice to you. If you wish to discontinue using the Rewardy Services, then you may cancel your Rewardy Services subscription.

8. USAGE RULES; PROHIBITED CONDUCT & USES


YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:

  1. use the Rewardy Services or any location information displayed within the Rewardy Services to "stalk", harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other users without their consent;
  2. use the Rewardy Services if you are under the age of 14 years old, or 18 years old where applicable;
  3. include offensive or pornographic materials in your Rewardy Services personal profile page;
  4. use the Rewardy Services for any commercial or non-private use, it being understood that the Rewardy Services are for personal, non-commercial use only;
  5. fail to deliver payment for the Rewardy Services;
  6. use the Rewardy Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, rights of publicity, and import or export control;
  7. make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the Rewardy Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
  8. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Rewardy Services accounts of other Users;
  9. share Rewardy-issued passwords or access to your mobile device while Rewardy is running and accessible with any third party or encourage any other user to do so;
  10. misrepresent the source, identity or content of information transmitted via the Rewardy Services;
  11. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Rewardy Services, features that prevent or restrict use or copying of any content accessible through the Rewardy Services, or features that enforce limitations on use of the Rewardy Services;
  12. intentionally interfere with or damage operation of the Rewardy Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
  13. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
  14. post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
  15. use the Rewardy Service with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications; or
  16. use the Rewardy Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Rewardy Services could lead directly to death, personal injury, or severe physical or property damage.
  17. attempt to gain unauthorized access to the Rewardy Services, or any part of it, other accounts, computer systems or networks connected to the Rewardy Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Rewardy Services or any activities conducted on the Rewardy Service;
  18. use any robot, spider, scraper or other automated means to access the Rewardy Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Rewardy Services or modify the Rewardy Services in any manner or form, nor to use modified versions of the Rewardy Services, including (without limitation) for the purpose of obtaining unauthorized access to the Rewardy Services; or
  19. sell or transfer or allow another person to access your account password, profile, or Rewardy Services account.

9. USAGE; REFUSAL OR SUSPENSION OF SERVICE


9.1 REWARDY RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER'S REGISTRATION OR INVITE-A-FRIEND ATTEMPTS AS WELL AS ANY USER'S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, REWARDY ALSO RESERVES THE RIGHT TO DISABLE ANY USER'S USE OF OR ACCESS TO THE REWARDY SERVICES AND THE LOCATION INFORMATION OR PROFILES OF OTHER USERS, FOR ANY REASON AND WITHOUT ANY NOTICE.

9.2 You alone are responsible for your involvement with other Users. Rewardy reserves the right, but has no obligation, to monitor disagreements between you and other Users.

9.3 Rewardy does not control the content of User accounts and profiles and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the Rewardy Services.

PLEASE NOTE: REWARDY RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.

10. USER SUBMISSIONS


10.1 The Rewardy Services allow the submission of content and materials (such as pictures, reviews, ratings, ideas, or notes) by you and other Users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Rewardy to use, all intellectual property and any other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Rewardy Services and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Rewardy Services and this Agreement. For clarity, you shall retain all of your ownership rights in your User Submissions.

10.2 By submitting User Submissions to Rewardy, you hereby grant Rewardy a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publicly perform, publicly display, digitally perform, and otherwise exploit, for any purpose whatsoever, without compensation to you or any other provider, User Submissions in connection with the Rewardy Services and Rewardy's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Rewardy Services (and derivative works thereof) in any media formats now known or hereafter developed, and through any media channels. You also hereby grant each user of the Rewardy Services a non-exclusive license to access your User Submissions through the Rewardy Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Rewardy Services and under this Agreement.

10.3 You understand that when using the Rewardy Services you will be exposed to User Submissions from a variety of sources, and that Rewardy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Rewardy with respect thereto.

10.4 Rewardy assumes no responsibility whatsoever in connection with or arising from User Submissions. You understand that whether or not such User Submissions are published, Rewardy does not guarantee any confidentiality with respect to any User Submissions. Rewardy assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time Rewardy chooses, in its sole discretion, to monitor User Submissions, Rewardy nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, Rewardy does not endorse and has no control over the content of User Submissions submitted by other Users. Rewardy makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, Rewardy reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.

WARRANTY

THE SITE AND/OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF THE SITE AND ANY SERVICE PROVIDED BY OR MADE ACCESSIBLE THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE(S), OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

LIMITATION OF LIABILITY

REWARDY ITS LICENSORS OR ITS AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SITE OR SERVICE AND ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, TRAFFIC CONGESTION OR DISCONNECTIONS IN PHONE OR INTERNET LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE SITE OR SERVICE PROCESS; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE SITE OR THE PROCESSING OF POINTS; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, THROUGH THE USE OR MISUSE OF THE SITE.

11. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS


11.1 The Rewardy Services may include links to other web sites or services solely as a convenience to Users. Rewardy does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Rewardy makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.

11.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Rewardy Services are solely between you and such advertiser. You agree that Rewardy shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Rewardy Services.

11.3 Parties other than Rewardy may provide services or sell products via the Rewardy Services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. Rewardy does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.

11.4 In addition, even if Rewardy handles the billing, payment processing and/or fulfillment for the third-party service or product, some products and services are provided under direct license from the third-party and therefore the use of such products and services are governed by such third-party license terms. In such case, you will be subject to such license terms and agree that any matters relating to your use of such product or service, including any customer support or maintenance, will be between you and such vendor, and Rewardy will have no liability with respect thereto.

12. END USER LICENSES


12.1 LICENSE GRANT, RESTRICTIONS AND UPGRADES. To use the Rewardy Software you must have a mobile device that is compatible with the Rewardy Services. Rewardy does not warrant that the Rewardy Services will be compatible with your mobile device.

  1. License Grant. Rewardy hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Rewardy Software as follows: You may use the Rewardy Software for one Rewardy Services subscription account (a "Subscription Account" is comprised of the shared resources accessible by a single login ID) on one mobile device owned or leased solely by you, for your personal use.
  2. Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the Rewardy Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Rewardy Software to any third party or use the Rewardy Software to provide time sharing or similar services for any third party; (iii) make any copies of the Rewardy Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Rewardy Software, features that prevent or restrict use or copying of any content accessible through the Rewardy Software, or features that enforce limitations on use of the Rewardy Software; or (v) delete the copyright and other proprietary rights notices on the Rewardy Software.
  3. Software Upgrades. You acknowledge that Rewardy may from time to time issue upgraded versions of the Rewardy Software, and may automatically electronically upgrade the version of the Rewardy Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
  4. Open Source. With respect to any open source or third-party code that may be incorporated in the Rewardy Software, such open source code is covered by the applicable open source or third-party EULA, if any, authorizing use of such code.
  5. Rights Reserved. The foregoing license grant under this Agreement is not a sale of the Rewardy Software or any copy thereof and Rewardy or its third party partners or suppliers retain all right, title, and interest in the Rewardy Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Rewardy reserves all rights not expressly granted under this Agreement.

12.2 EXPORT CONTROL. These terms and conditions are governed by and construed in accordance with the laws of Israel and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

You agree to subject to the jurisdiction of Israel in the event of any legal dispute. These Terms shall be governed by the internal substantive laws of Israel, without respect to its conflict of laws principles. Exclusively the courts of Israel shall decide any claim or dispute between you and Rewardy that arises in whole or in part from these Services.

13. VIOLATIONS; TERMINATION


You agree that Rewardy, in the good faith belief that you have violated any of the terms and conditions of this Agreement, may terminate any account or subscription (or any part thereof) you have with the Rewardy Services or use of the Rewardy Services and remove and discard all or any part of your account or any User Submission, at any time. You further agree that Rewardy may terminate any part of the Rewardy Services if (1) the partner with whom we offered the service to you has terminated its relationship with Rewardy or ceased to offer the service to you, (2) in Rewardy's opinion, the service is no longer commercially viable, or (3) we are required to do so by law. You agree that any termination of your access to the Rewardy Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Rewardy will not be liable to you or any third-party for any such termination. Rewardy does not permit copyright infringing activities on the Rewardy Services, and reserves the right to terminate access to the Rewardy Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Rewardy Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Rewardy may have at law or in equity.

14. DISCLAIMERS; NO WARRANTIES


THE REWARDY SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE REWARDY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. REWARDY, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION REWARDY'S THIRD-PARTY WIRELESS CARRIER PARTNERS), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

REWARDY AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION REWARDY'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE REWARDY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE REWARDY SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

REWARDY, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION REWARDY'S THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE REWARDY SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, AVAILABILITY, OR OTHERWISE. YOU (AND NOT REWARDY OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE REWARDY SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE REWARDY SERVICES AT YOUR OWN DISCRETION AND RISK.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

15. INDEMNIFICATION; HOLD HARMLESS


You agree to indemnify, defend, and hold Rewardy, its affiliated companies, and its suppliers and partners (including, without limitation, Rewardy's wireless carrier partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) your use or misuse of any location information or the Rewardy Services generally, (b) any violation of the rights of any other person or entity by you, (c) any breach or violation by you of this Agreement, or (d) your use of the Rewardy Services to meet another User in-person or to locate and attend any offline place or event. Rewardy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with and provide any necessary information for our defense of these claims.

16. LIMITATION OF LIABILITY AND DAMAGES


YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL REWARDY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, REWARDY'S WIRELESS CARRIER PARTNERS) OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE REWARDY SERVICES; (C) THE REWARDY SERVICES GENERALLY OR THE REWARDY SOFTWARE OR SYSTEMS THAT MAKE THE REWARDY SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH REWARDY OR ANY OTHER USER OF THE REWARDY SERVICES, EVEN IF REWARDY OR A REWARDY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL REWARDY'S (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS INCLUDING, WITHOUT LIMITATION, REWARDY'S WIRELESS CARRIER PARTNERS') TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE REWARDY SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE REWARDY SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN REWARDY AND RECEIVED THROUGH OR ADVERTISED ON THE REWARDY SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE REWARDY SERVICES.

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. IN SUCH CASES, YOU AGREE THAT REWARDY'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

17. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE


Digital Millennium Copyright Act Compliance. It is Rewardy's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, Rewardy will promptly terminate without notice the accounts of Users that are determined by Rewardy to be "repeat infringers." A repeat infringer is a User who has been notified by Rewardy of infringing activity violations more than twice and/or who has had a User Submission removed from the Rewardy Services more than twice.

If you are a copyright owner or an agent thereof, and you believe that any content hosted on any Rewardy Services infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Rewardy's Designated Copyright Agent with the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable Rewardy Services are covered by a single notification, a representative list of such works on the applicable Rewardy Services;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Rewardy to locate the material;
  4. Information reasonably sufficient to permit Rewardy to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").

Rewardy's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows: Attention: Copyright Agent at hello@rewardy.co. For clarity, only DMCA notices should go to the Rewardy Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Rewardy customer service through hello@rewardy.co. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.


18. MISCELLANEOUS


18.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

18.2 Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or the Rewardy Services shall be filed only in the state or federal courts in and for Santa Clara County, California and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action. Either Rewardy or you may demand that any dispute or claim between Rewardy and you about or involving the Rewardy Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association ("AAA") in San Francisco, California, USA and, if so demanded by Rewardy or you, both parties hereby acknowledge and agree to submit exclusively to the jurisdiction of the AAA in SF, CA to resolve the applicable dispute or claim; provided that the foregoing shall not prevent Rewardy from seeking injunctive relief in a court of competent jurisdiction.

18.3 Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

18.4 Notices. You agree that Rewardy may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the Rewardy Services. Notice will be deemed given twenty-four hours after email is sent, unless Rewardy is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Rewardy Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on the Rewardy Services are deemed given and binding 30 days following the initial posting.

18.5 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by Rewardy without restriction.

18.6 Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification and, specifically, Sections 1, 4, 8, 9, 10, and 14 through 18 and the Exhibits of this Agreement hereby survive any termination of this Agreement or any termination of your use of or subscription to the Rewardy Services.

18.7 Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by Rewardy as set forth in Section 3 above.

18.8 GIFT CERTIFICATES, GIFT CARDS, ALLOWANCES, APP CODES. Any Gift Certificates, PayPal payments, Gift Cards, iTunes Cards, Content Codes, App Gift Codes and Allowances, in addition to unused balances, are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; resold. Unused balances are not transferable. Any Gift Certificates, PayPal payments, Gift Cards, iTunes Cards, Content Codes, App Gift Codes and Allowances received may be redeemed through the services in the United States or in the countries where those services are available. It is solely your responsibility to verify if these services are available in the country where you plan to redeem your Gift Certificates, PayPal payments, Gift Cards, iTunes Cards, Content Codes, App Gift Codes and Allowances. Neither Rewardy nor its affiliates nor Apple nor Amazon is responsible for lost or stolen Gift Certificates, PayPal payments, Gift Cards, iTunes Cards, Content Codes, App Gift Codes or Allowances.

18.9 TERMINATION. Rewardy may terminate your right to use the site and/or service immediately, without notice to you, if, in our sole discretion, you fail to comply with any of these terms of use or engage in any fraudulent, criminal or other unauthorized activity. Rewardy reserves the right to terminate your access to the site and/or service for any reason at any time without prior notice. Your account will be reset and terminated due to inactivity.

18.10 Claims. YOU AND REWARDY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE REWARDY SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Published on: Nov 2, 2017