Terms of Service

Last updated: 25 May 2018

Please read these Terms of Service ("Terms") carefully before using the website Earnably at https://earnably.com and the services provided via the site (collectively the "Service") owned and operated by Forma Creative Ltd a private limited company (number 10027999) whose registered address is at 20-22 Wenlock Road, London, England, N1 7GU ("us", "we", "our", or "Earnably"). We are registered with the Information Commissioner's Office (ICO) and our registration number is ZA292011.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms, together with any and all other documents and policies referred to herein. These Terms apply to all visitors, users and others who access, register with or use the Service.

By accessing or using the Service you agree to be bound by these Terms. You also will be required to read and accept these Terms when signing up for an account. If you disagree with any part of the terms or do not agree to comply with and be bound by these Terms then you may not access, register with or otherwise use the Service.

We follow our Privacy Policy in handling information about you. You can read our Privacy Policy at https://earnably.com/privacy.

By using the Service, you agree to us handling this information and confirm that data you provide is accurate.

Accounts

Certain parts of the Service (including the ability to complete offers, take surveys and watch videos to earn points) may require an account in order to access them. Access to the Service and creation of an account is free of charge. The information that you provide to us and/or third parties via our website (upon account creation or otherwise) must be accurate, complete, and current at all times. If any of your information changes at a later date, it is your responsibility to ensure that your account is kept up-to-date. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

A maximum of one account is allowed per person. Termination of an account does not permit the creation of a new account. Creation of more than one account by you may result in the termination of your accounts. A maximum of 3 accounts is permitted per household provided that each account is for a separate individual. In the event that one account belonging to a person in a household is suspended we reserve the right to suspend the other accounts of the other individuals in the same household.

You must be 18 or over to use the Service. Using our Service (including creating an account) under the age of 18 is strictly forbidden. In accordance with our Privacy Policy, we do not request or knowingly collect personally identifiable information from users under 18 years of age, or knowingly share such personal information with third parties.

We recommend that you choose a strong password for your account. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions taken under or in connection with your password.

You agree not to disclose your password to any third party or share your account with anyone else. You must not use anyone else’s account without the express permission of the user to whom the account belongs. You must notify us immediately at help@earnably.com upon becoming aware of any breach or suspected breach of security or unauthorized use of your account. We will not be liable for any unauthorized use of your account.

You agree not to use a proxy server or VPN to access the Service. Attempting to mask or reroute your connection is not permitted. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via our Service. You must not attempt to gain unauthorized access to any part of our Service, the server on which our website is stored, or any other server, computer, or database connected to our website. You must not attack our website by means of a denial of service attack, a distributed denial of service attack, or by any other means.

We sometimes operate co-registration with some of the partners we work with. This means that by clicking a link to one of our partner’s websites an account will automatically be created for you. By clicking on these links you are agreeing to us sending the relevant data required by our partner to set up this account.

You agree not to 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 our Service.

Your email address must be real/valid and cannot be a disposable/temporary email address.

The username you choose when creating an account may be displayed publicly on our website. You must not use a username that is the name of another person with the intent to impersonate that person; or use a username that is subject to rights of another person without appropriate authorization; or use a username that is offensive, vulgar or obscene or otherwise in bad taste.

You must 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 must not use our Service to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind. You must not use our Service in any way, or for any purpose, that is intended to harm any person or persons in any way. Using language that is abusive, threatening, harassing, defamatory, vulgar, objectionable, discriminatory or otherwise unacceptable when communicating with our employees (by telephone, email or otherwise) will result in immediate suspension of your account without liability to you.

In the event that your account is inactive for a period of 2 years or more, we will delete all data and information we hold about you which is associated with your account (including any unclaimed points) and we will terminate your account.

If you would like to delete your account at any time and for whatever reason please contact us. We will ensure that any request to delete an account will be completed within 30 days of receipt of a written request to do so.

Our Service

Earnably may offer incentive rewards campaigns ("Offers") from third party advertisers ("Partners"), under which you may have the opportunity to earn Points which have no cash value but which may be redeemable for rewards. We or our Partners may post additional terms, rules or agreements that apply to those Offers and how points received under those Offers may be redeemed. It is your responsibility to read any such additional terms and you will be subject to those terms if you accept them and choose to participate in the Offer.

All Offers are provided by our Partners and are completed at your own discretion, subject to any additional terms imposed to those Partners. Offers are not guaranteed to credit, so you should only complete offers that you are genuinely interested in.

You must complete Offers yourself. No one, other than yourself, may access your account and complete Offers. You must use your own, valid 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 Earnably, any other website, completion of or participation in offers, interactions with advertisers, or with the advertiser directly. If you do attempt and receive Points for the same Offer, your Points will be revoked.

Points are non-transferable and are void if a transfer is attempted. Points and/or rewards may not be bartered or sold. Points and/or accounts are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.

Offers and rewards may be limited, awarded on a first-come-first-served basis, subject to eligibility requirements, or otherwise conditional on the fulfillment by you of certain activities, so please ensure you carefully read any limitations and conditions that apply to any Offer you choose to participate in. Rewards and points may not be canceled, revoked or returned by you once awarded. We reserve the right to expire and remove from your account any points that have not been redeemed by you within a two year period from the time at which such points were earned or awarded.

We reserve the right, at our sole discretion, to void and/or revoke and/or withhold any points, rewards or potential rewards you may have earned or accumulated through use of our service if you do not comply with our Terms. You agree to abide by the final and binding decisions of Earnably regarding your participation in the Offers and Service.

Earnably reserves the right to refuse access to the Services without notice for any reason, including, but not limited to, a violation of the Terms. You agree that Earnably may discontinue the Service or change the content of the Service at any time (including the Offers made available via the Service), for any reason, with or without notice to you, without liability.

You acknowledge and agree that we do not have the ability unless we expressly hold ourselves out as such, to determine whether or not the Points you have earned and/or redeemed are considered reportable taxable earnings within your jurisdiction or to give any advice concerning the tax implications of your activities on the Service. You are therefore solely responsible for any and all tax liability arising from or associated with your use of our Service, including liability arising from your accrual of points or your redemption of points for cash or other gift cards or any other compensation or gifts in kind received or awarded through Offers made available via the Service.

Intellectual Property

The Service and its original content, features and functionality (including any text, documents, images, audio, video, scripts, code, software, databases and any other form of information that appears on or forms part of our Service) and the copyright and other intellectual property rights subsisting in that content, unless specifically labelled otherwise, are and will remain the exclusive property of Earnably and its licensors. The Service and the aforementioned content is protected by applicable intellectual property laws and treaties 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 and our status as the owner of the content on our Service (or that of identified licensors, as appropriate) must always be acknowledged and respected.

You may not reproduce, copy, distribute, sell, rent, sub-license, modify, store, or in any other manner re-use content from our Service unless given express written permission to do so by us.

Links To Other Web Sites

Our Service may from time to time feature and contain links to third-party websites, resources, products or services (via hyperlinks, advertisements or otherwise) that are not owned or controlled by Earnably. These links are for information only.

Earnably has no control over, does not endorse, and assumes no responsibility for, the content, information, advertising, products, services materials, privacy policies, or practices contained on or accessible through any third-party websites or services. You further acknowledge and agree that Earnably 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 the use of or reliance on any such content, goods or services available on or through any such websites or services.

These third party providers have their own terms and policies which govern your use of their websites, services and any contract you form with them. We strongly advise you to carefully read the terms and conditions and privacy policies of any third-party websites or services that you visit. Use of these third party resources is at your own risk.

Termination

We may terminate or suspend (temporarily or permanently) your account and your right to access our Service immediately, without prior notice or liability, if you materially breach these Terms (such breach to be determined at our sole discretion). We may also issue you with a written warning, and take such further legal or other action against you as we deem reasonably appropriate (and lawful). We are entitled to void or revoke any points and/or rewards or potential rewards you have earned or accumulated under any or all accounts you have created at any time as a result of your breach of these Terms (to be determined in our sole discretion). Any account or accounts that are terminated shall be deemed null and void and any and all information relating to such account(s) shall revert to or become the sole property of Earnably, including but not limited to Points, rewards or prizes, regardless of monetary value, except to the extent prohibited by applicable law. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms.

Upon termination, your right to use the Service will immediately cease. If you otherwise wish to terminate your account, please contact us.

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.

Our Legal Responsibility To You

We do not guarantee the accuracy of material on our website. As far as legally possible, we exclude legal responsibility for the following:

  1. Any loss to you arising from your use of the Service.
  2. Loss of income, profit, business, data, contracts, goodwill or savings.
  3. We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.
  4. We don't exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We may alter, suspend or discontinue the Service (or any part of it) at any time and without notice. We will not be liable to you in any way if our Service (or any part of it) is unavailable at any time and for any period.

Governing Law

These Terms and the relationship between you and us shall be governed by and construed in accordance with the laws of England and Wales and both parties submit to the exclusive jurisdiction of the English courts in respect of any disputes concerning these Terms, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise).

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 prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. You are therefore advised to check this page from time to time.

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. In the event of any conflict between the current version of these Terms and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.