Terms and Conditions ("Terms")
Last updated: March 27, 2016
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using Earnably (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.
At times, Earnably may encounter downtime due to high server requests, high traffic times, or due to updates and maintenance.
The information that you provide to us and/or third party advertisers must be 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.
A maximum of one account is allowed per person and per household. Termination of an account does not permit the creation of a new account. Creation of more than one account by one person or two persons within the same household may result in the termination of those persons' accounts.
You must be 18 or over to use the Service. Using our Service under the age of 18 is strictly forbidden. In accordance with our company 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.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You agree not to use a proxy server or VPN to access our service. Attempting to mask or reroute your connection is not permitted.
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 site. 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.
Our Service #
Earnably may offer incentive advertising campaigns ("Offers") from third party advertisers, under which you may have the opportunity to earn Points. All Offers described must be interpreted as reasonably represented. Points are redeemable for rewards.
All Offers are provided by third party advertisers, and are completed at your own discretion. 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 nontransferable 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.
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, including (without limitation) 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 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, for any reason, with or without notice to you, without liability.
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 within your jurisdiction. 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.
Intellectual Property #
The Service and its original content, features and functionality are and will remain the exclusive property of Earnably 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.
We own and control or have permissions to use all of the copyrights and other intellectual property rights on our website and the material on our website.
Links To Other Web Sites #
Our Service may contain links to third-party web sites or services that are not owned or controlled by Earnably.
Earnably has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
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. We are entitled to revoke any points and/or rewards related to any or all accounts you have created at any time. 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.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
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.
You agree to defend, indemnify and hold harmless Earnably 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.
You agree that we are not responsible for the loss of Points or rewards regardless of monetary value, in the event there is any: change in the value of each Point (as determined in Company's sole discretion), data or server error, computer and/or network system error or failure, criminal act, vandalism, cyber attack or other events which make it commercially unreasonable for us to determine the value of any account or accounts.
Limitation Of Liability #
In no event shall Earnably, 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.
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.
Earnably 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.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Earnably 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 Earnably or any person for whom Earnably is responsible, and even if Earnably 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.
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.
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.
If you have any questions about these Terms, please contact us.