Terms of Service

Effective Date: 15 September, 2019

Please read these Terms of Service ("Terms" or "Terms of Service") carefully before using the https://earnably.com website ("Earnably" or the "Service") operated by Forma Creative Ltd ("us", "we", or "our").

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, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Membership

You must provide us or third-parties with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You agree not to create or otherwise access more than one account without explicit permission in advance from us. Termination of an account does not permit the creation of a new account.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions taken 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 unauthorised use of your account.

Your email address must be a genuine and valid email address that belongs to you. You agree not to use a disposable, temporary or anonymous email address.

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 authorisation, or a name that is otherwise 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 must be 18 years of age or older to use the Service. In accordance with our Privacy Policy, we do not request or knowingly collect personally identifiable information from users under 13 years of age or knowingly share such personal information with third-parties.

You may not use a Virtual Private Network ("VPN") or proxy server or otherwise attempt to mask or reroute your connection to access the Service.

You may not use our Service in any way, or for any purpose, that is unlawful or fraudulent and you must ensure that you comply fully with any and all local, national or international laws and/or regulations.

You may not exploit, distribute, or publicly inform other users of any error, miscue, or bug that gives an unintended advantage; violate any applicable laws or regulations; promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, bots, cheats, emulators, or hacks for the Service.

You may not engage in spam or promote your referral link through unsolicited emails or any other method of mass communication. Bidding on branded keywords ("Earnably") for ads or posting your referral link on traffic exchanges is not permitted.

Using language that is abusive, threatening, harassing, defamatory, vulgar, objectionable, discriminatory or otherwise unacceptable when communicating with our employees or subcontractors will result in immediate termination of your account without liability to you.

Offers

Our Service offers incentivised advertising campaigns ("Offers") from third-party ad networks and advertisers, under which you may have the opportunity to earn Points (which have no cash value) but which may be redeemable for rewards.

No one, other than yourself, may access your account and complete offers. You must use your own, valid and genuine information at all times.

Unless otherwise stated, offers are available for first-time customers only. You will not be credited for completing an offer if you have completed it in the past, through our website, another website, or with the advertiser themselves.

You should only complete offers that you are interested in as offers are not guaranteed to credit. We shall not be responsible for any activities that are not properly recorded, tracked and/or approved by us or third-parties.

Offers are provided by third-party ad networks and are completed at your own discretion; subject to any additional terms imposed by us, the ad networks or the advertisers.

Points

Points awarded have no cash value but may be redeemable for rewards.

Points are non-transferable, may not be bartered or sold, and are void if a transfer is attempted, and such points and the associated account are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.

Points may be revoked and/or voided by us at our sole discretion.

Rewards

Points may be redeemable for cash equivalent rewards or electronic gift cards ("Rewards") and subject to eligibility requirements. Supplies may be limited. Rewards may be awarded on a first-come, first-served and while-supplies-last basis.

Although we strive to process all rewards in a timely manner, there are no guarantees that rewards will be processed or received by you within published timeframes.

No credit, reversal, or refund of points will be issued, for any reason, after a reward has been processed. Rewards that are undeliverable or unclaimed for whatever reason (including, without limitation, because your account information is incorrect or outdated) may be forfeited, and the points may not be refunded.

Rewards may be revoked and/or voided by us at our sole discretion.

Promotions

Any promotions, contests, sweepstakes or bonus programmes (collectively, "Promotions") that may be offered via the Service may be governed by Additional Terms. We reserve the right to modify or terminate promotions at any time, without notice.

Tax Matters

You acknowledge and agree that we do not have the ability, in every instance, to determine whether or not the points you have earned and/or redeemed are considered reportable taxable earnings in your jurisdiction or to give any advice concerning the tax implications of your use of the Service. You are therefore solely responsible for any and all tax liability arising from or associated with your use of the Service.

Links To Other Sites

Our Service may contain links to third-party websites or services that are not owned or controlled by us. If you click a third-party link, you will be directed to that third-party's website.

We have no control over, and assumes no responsibility for, the 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 strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms or any applicable Additional Terms.

You agree to abide by our final and binding decision regarding the termination of your account.

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.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Forma Creative Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

The merchants and companies represented on the Service are not sponsors or otherwise affiliated with us. Logos and other identifying marks are trademarks of, and owned by, each represented company and/or its affiliates.

Indemnification

You agree to defend, indemnify and hold harmless Forma Creative Ltd and its 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), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Forma Creative Ltd, nor its 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.

Disclaimer

Your use of the Service is at your sole risk. The Service is 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 performance.

Forma Creative Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Forma Creative Ltd 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, 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 Forma Creative Ltd or any person for whom Forma Creative Ltd is responsible, and even if Forma Creative Ltd has been advised of the possibility of such loss or damage being incurred.

Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice via email and/or a prominent notice on our website prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. 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.

Our Policies

Please refer to our Privacy Policy and Cookies Policy (collectively, "Policies"), as they set out the data we collect from you, why we collect this data and how it is processed. You must read our Policies before you use the Service and you agree that these Policies constitute part of these Terms.

Contact Us

If you have any questions or concerns about these Terms, please contact us by email at help@earnably.com.