We may add, delete or modify any of our Services at any time in our sole discretion. We may similarly change this Agreement at any time and we will notify you of any material changes by posting the changes in this Agreement. You can always obtain a current copy of this Agreement at any time on our Site. If any change is not acceptable to you, you must stop using the Services. Your use of the Services after the date we post the modified Agreement and provide notice of any material changes shall constitute your acceptance of such changes. If any new products or services become available, they will be considered a part of the Services and your use of them will be governed by the terms and conditions of this Agreement unless we notify you that different or additional terms and conditions apply. The Site permit users to create rewards (“Rewards“). You understand that any Reward you created on Rewarder.com will be displayed on the Rewarder.com site. You must also comply with any additional terms which apply to third‑party content, material, information, software or other services.
When you use the Rewarder services, you may provide us with certain information including, without limitation, your name, address, telephone number(s), e‑mail address, work and academic history, resume, certain photo, graphic, video and/or audio samples and other content that describes the reward you are offering (your “Profile and Reward Information”). Portions of the Service may provide you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities (“Rewarder Community Services”) and may provide you with the opportunity, through such Rewarder Community Services or otherwise, to submit, post, display, transmit and/or exchange information, ideas, opinions, messages or other information (“Post” or “Postings”). You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Service. If you chose to purchase any product or service through our Service, you will be required to provide applicable payment data (e.g., credit card number and expiration date, Amazon.com payment information or Paypal payment information) (“Payment Information”).
Your Profile and Reward Information, Postings, Payment Information and any other information, materials, data or content you submit though the Service is collectively referred to as, “Your Information”. In connection with all of Your Information, you grant to Rewarder, the worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate and provide to third parties all or any portion of Your Information in connection with the provision of the Service and/or the promotion thereof.
You represent, warrant and covenant to us that any and all of Your Information: (i) is and will be true, accurate and complete when given to us, that in providing Your Information to us you will not knowingly omit or misrepresent any material facts or information; (ii) is original to you and/or you have all necessary rights to provide us with the license to use such Your Information as contemplated herein; (iii) does and will not, in any way, violate or breach any of the terms of this Agreement; (iv) does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation; (v) is not obscene or in any other manner unlawful; (vi) shall not be injurious to the health of the user; (vii) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of Your Information; and (viii) was produced, and the contents thereof are, in compliance with all applicable laws and regulations.
We reserve the right to monitor, edit or screen any of Your Information. If we determine, in our sole discretion and judgment, that Your Information does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (i) refuse to allow you to submit Your Information; (ii) remove and delete Your Information; (iii) revoke your right to use the Service; and/or (iv) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Service.
You understand, acknowledge and agree that we have the right to delete, re‑format and/or change Your Information in any manner that we may determine (although you will not be responsible for any such changes made). You understand, acknowledge and agree that we assume no responsibility for deletion of Your Information or any failure to store, receive or deliver Your Information in a timely manner or any other matter relating to Your Information.
Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. You are solely responsible for maintaining the strict confidentiality of your password and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your password, your disclosure of your password, or your authorization to allow another person to access and use the Services using your password. You agree to immediately notify us if you become aware of any unauthorized use of your password or other need to deactivate your account due to security concerns.
Our Service allows you to use your contacts (friends, relatives, co‑workers, etc.) to help you find people that will be interested in the reward you are offering. Our Service will help retrieve and store the e‑mail addresses of these contacts that you provide to our Service after we have used them for the reward sharing features. We may use the e‑mail addresses you provide to us in other Service features.
The Site and its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Rewarder, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. All rights not expressly granted herein are reserved.
We always appreciate your feedback or other suggestions about the Service, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them). You hereby assign to Rewarder all right, title, and interest in, and Rewarder is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such feedback.
The Rewarder name and all related names, logos, product and service names, designs and slogans are trademarks of the Rewarder or its affiliates or licensors. You must not use such marks without the prior written permission of Rewarder. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
RULES OF CONDUCT AND USE OF THE SERVICE
We do our best to keep the Service safe, but we cannot guarantee it. We need your help to do that and we appreciate any community user that brings unsafe use of the Service to our attention. In using the Service you agree that:
You understand that we will never be able to completely verify that a creator of a Reward (“Reward Creator”) or someone trying to win the Reward is being truthful about the information that they provide.
You will not send or otherwise post unauthorized commercial communications (such as spam).
You will not collect users’ content or information, or otherwise access the Service, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
You will not disclose any personal or identifying information about another person without that person’s explicit consent.
You will not engage in unlawful multi‑level marketing, such as a pyramid scheme.
You will not upload or distribute viruses or other malicious code.
You will not solicit the password or any login information belonging to someone else.
You will not harass, bully, intimidate, or intentionally insult any user.
You will not Post content that is hateful, racist, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
You agree to comply with any requests from other users that you cease to communicate with that user.
You will not use the Service if you are under 14 and you will follow the labor laws regarding minimum age for your state of residence.
You will not offer any contest, giveaway, or sweepstakes (“promotion”) on the Service without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow all applicable laws.
You will not use the Service to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that could disable, overburden, or impair the proper working of the Service, such as a denial of service attack.
You will not facilitate or encourage any violations of this Agreement.
You will not forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason.
You will not violate any laws, regulations, judicial or governmental order, and any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise.
You will not use the Service if you are a convicted sex offender.
INTELLECTUAL PROPERTY INFRINGEMENT
Rewarder respects the intellectual property rights of others, and we ask you to do the same. Rewarder may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Rewarder’s designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
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 at the Site, and information reasonably sufficient to permit Rewarder to locate the material.
Information reasonably sufficient to permit Rewarder to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Rewarder’s agent for notice of claims of copyright or trademark infringement on the Site can be reached as follows:
Attn: Rewarder Abuse
564 Market Street, Suite 705
San Francisco, CA 94104
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid Digital Millennium Copyright Act (“DMCA”) take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to Rewarder designated agent that includes all of the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Rewarder may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Rewarder reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject or repeated DMCA or other infringement notifications.
We currently provide our mobile services for free (e.g., providing Reward updates via sms to your mobile phone), but please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply.
In the event you change or deactivate your mobile telephone number, you will update your account information on the Rewarder.com site within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
If you make a payment on the Service you agree to our payment terms. You agree that Rewarder has the right to request that you prepay or provide a deposit for a Reward you are offering. You also agree that the prepayment or deposit is non‑refundable. Rewarder may require a prepayment or deposit for a Reward to ensure that Rewarder experts are paid in a timely manor when they are selected as a winner.
If Rewarder, Inc. chooses to match your pre‑payment for a Reward you are offering you agree that Rewarder has the right to cancel the matching payment at any time. You also agree that you have no rights to the matching payment from Rewarder and that our intent for it is to compensate the Reward Expert that you select as the winner.
SPECIAL PROVISIONS APPLICABLE FOR “BIO/PROFILE LINKS”, “COMPANY WEBSITE LINKS” OR “REWARD LINKS”
If you include a URL link or button on your website, or in the body of an e‑mail then the following additional terms apply to you:
We give you permission to use a URL link to direct people outside of the Service to your bio page or to your Reward.
You will not place a URL Link or button that directs to the Service that would violate any of our safety, privacy, security and/or user rights on any page containing content that would violate this Agreement if posted in the Service.
SPECIAL PROVISIONS APPLICABLE TO 3RD‑PARTY PARTNERS AND WEBSITES
If you are a 3rd‑party partner or a 3rd‑party website, the following additional terms apply to you.
You are responsible for your website, service and its content and all uses you make of leveraging the Service platform. This includes ensuring your service or use of the Service platform meets all the terms and conditions stated in this document. Your access to and use of user data you receive from the Service or our users, will be limited as follows:
You will only request data you need to fulfill your 3rd party service.
You will make it clear to users what user data you are going to use and how you will use, display, or share that data.
You will delete all data you received from us relating to any user who deauthorizes, disconnects, or otherwise disassociates from your application unless otherwise needed for billing purposes.
You will not transfer the data you receive from us (or enable that data to be transferred) without our prior consent.
You will not give us information that you independently collect from a user or a user’s content without that user’s consent.
You will make it easy for users to disconnect from your 3rd party service or website.
You will make it easy for users to contact you. We can also share your e‑mail address and phone numbers with users.
You will provide customer support for your service.
You will not misrepresent your relationship with the Service to others.
We can create applications that offer similar features and services to, or otherwise compete with, your application.
SPECIAL PROVISIONS APPLICABLE TO ADVERTISERS
You can target your target the Service audience with ads on our platform, but we require that you follow all the terms and conditions outlined in this document. The following additional terms apply to you the advertiser:
We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
We can use your ads and related content and information for marketing or promotional purposes.
You will not issue any press release or make public statements about your relationship with the Service without written permission.
We may reject or remove any ad for any reason.
If you are placing ads on someone else’s behalf, we need to make sure you have permission to place those ads, including the following:
You warrant that you have the legal authority to bind the advertiser to this Agreement.
You agree that if the advertiser you represent violates this Agreement, we may hold you responsible for that violation.
PROVISIONS FOR INDIVIDUALS TRYING TO WIN REWARDS
If you try to win a Reward and you successfully accomplish the Reward you may be eligible to receive the Reward funds that the Reward Creator and any sponsors promised. Rewarder is not responsible for and does not in any way guarantee that the Reward Creator will pay you the Reward even if you have earned it. In any situation where you think you have earned a Reward you need to contact the Reward Creator directly.
We provide you, the individual interested in winning the Reward, access to user profiles and Rewards for the sole purpose of helping to facilitate your ability to potentially win the Rewards. You agree that your only intent in using the Reward content or the user profile is to potentially accomplish the Reward or to share the Reward with others so they can potentially accomplish the Reward. You also agree:
You will not violate any federal, state, or local laws.
You agree that if you are selected as the Reward winner by a Reward Creator that Rewarder will deduct 20% of your winnings as our fee for the service.
You agree that you must have a $10 balance of net Reward winnings in order to receive payment from Rewarder.
You agree that if you have a balance that is less than $10 and you are inactive (don’t win any new Rewards) for three months then you agree that Rewarder will be able to deduct the balance that is less than $10 from your account.
When you win a Reward we will give you the option of receiving your Reward winnings in a cash payment via Paypal or a gift card (i.e. Amazon).
Rewarder may provide you with starter Rewards you can win. The rewards are intended to get you started with Rewarder. If you have not reached the $10 minimum cash out threshold balance within three months of winning a starter Reward then the starter Reward will expire and the funds will be removed from our account.
You agree that our service is primarily being targeted to people in the U.S. If you choose to be a member of Rewarder and you are outside the U.S. you agree that all U.S. laws prevail.
You agree that all payments will be in U.S. dollars.
SPECIAL PROVISIONS FOR REWARD CREATORS
Reward pages may only be used to promote what you want accomplished by offering your Reward.
You may only create a Reward page for a company or organization if you are an authorized representative of the subject of the company and you are a manager or have authority from a manager to administer the page.
Companies or organizations can have multiple Reward pages that are overseen by managers that highlight Rewards that you want accomplished.
When you create a Reward page you understand and accept that individuals that are interested in winning the Reward will be able to post comments and ratings regarding their experience with you on your Reward page.
When you publish content or information to your Reward page you will not provide any false personal information. You represent, warrant and covenant to us that any information or data you provide to us, is and will be true, accurate and complete when given to us, that in providing such information to us you will not knowingly omit or misrepresent any material facts or information. You further consent and authorize us to verify your Information as required for your use and access to the Services, as applicable.
When you create a reward, you agree that Rewarder may include your reward in the Rewarder marketplace, so that it can be viewed by people interested in winning your Reward
When you create a Reward, you agree that Rewarder may use your Reward to promote our service by linking to it from both free and paid advertising sites such as Craigslist, StumbleUpon, Facebook, Google and others.
When you create a Reward, you agree that Rewarder cannot control the responses to your Reward posting and you may get inappropriate or insensitive responses.
When you create a Reward, you agree that your reward posting may continue to get views for an indefinite period of time even after you have ended your Reward.
From time to time, Rewarder may decide to user our own funds to match what you the Reward Creator has pre‑paid for your Reward. Rewarder may decide to expire the matching reward amount if a winner is not selected within a specific period of time.
Rewarder reserves the right to end any reward funding matching programs at any time.
NO SPAM POLICY
You understand and agree that sending unsolicited e‑mail advertisements to Service users either directly or through the Service , is expressly prohibited by this Agreement. Any such unauthorized use of the Service is a violation of this Agreement and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject you to civil and criminal penalties.
DISCLAIMER AND LIMITATIONS OF LIABILITY
REWARDER AND ITS AFFILIATES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE COMPLETENESS, TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT POSTED BY REWARDER EXPERTS ON THE SERVICE OR THE SITE. INFORMATION ABOUT REWARDER EXPERTS AND THE CREDENTIALS OF REWARDER EXPERTS HAVE BEEN PROVIDED BY REWARDER EXPERTS BUT HAVE NOT BEEN VERIFIED BY REWARDER. WHILE REWARDER STRIVES TO ADMIT ONLY HIGH-QUALITY REWARDER EXPERTS ONTO THE SERVICE AND THE SITE, USE OF THE TERM “EXPERT” BY REWARDER AND THE SERVICE AND THE SITE IS ONLY MEANT TO DESCRIBE USERS WHO ANSWER QUESTIONS ON THE SERVICE AND THE SITE, AND NOT TO GUARANTEE ANY PARTICULAR LEVEL OF EXPERTISE.
REWARDER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE SERVICE, AND ALL MATERIALS, PRODUCTS AND INFORMATION ON THE SITE ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, INFORMATION AND MATERIALS ASSOCIATED WITH YOUR USE OF THE SERVICE.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, REWARDER, ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICE OR THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have Rewarder, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable for Rewarder, to refund any monies actually paid by you that is allocable to the deficient goods or services involved and to terminate and discontinue your use of the Service. You further understand and acknowledge the capacity of the Service, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Rewarder assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or information or for any failure or delay associated with any information and you are hereby expressly advised not to rely upon the timeliness or performance of the Service for any transactions or information. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
If anyone brings a claim against us related to Your Information your actions, , content or information on the Service, you will indemnify and hold the Service, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Your Information you submit, post or make available through the Service, your use of the Service, your violation of the Agreement, your breach of any of the representations and warranties herein, or your violation of any rights of another.
You will resolve any claim, cause of action or dispute (“claim”) you have with us arising out of or relating to these terms exclusively in a state or federal court located in San Francisco County. The laws of the State of California will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in San Francisco County, California for the purpose of litigating all such claims. No action arising out of this Agreement or your use of the Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE THE UNITED STATES
The Rewarder.com website initial focus is strictly within the United States. At this point we do not allow individuals from outside the United States to use the Service. The following provisions apply to users outside the United States:
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in any activities on the Service (such as advertising or payments) or operate a platform application or website.
This Agreement was last modified on January 27, 2014 and is effective immediately.
Copyright © 2014 Rewarder, Inc.. ‑ All Rights Reserved.