Terms and Conditions

Last updated: 22 December 2017

Please read these Terms and Conditions ("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.

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, per household and per Internet Protocol (IP) address. 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 or on more than one IP address may result in the termination of those persons' accounts.

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 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 unauthorised use of your account.

You must not use anyone else’s account without the express permission of the user to whom the account belongs. 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 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 unauthorised 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.

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.

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.

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 fulfilment 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 cancelled, 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 one 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-licence, 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.

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 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.

These third party providers have their own terms and policies which govern your use of their sites, 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, for any reason whatsoever, including without limitation if you materially breach these Terms. 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, 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.

Indemnification

You agree to defend, indemnify and hold harmless Earnably and its licensee and licensors, and our or their employees, contractors, agents, partners, affiliates, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable 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 your Points or rewards regardless of their monetary value, in the event there is any: change in the value of each Point (as determined in the offering partner’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 points or rewards.

Limitation Of Liability

To the fullest extent permitted by law, in no event shall Earnably, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable to you for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Service, or the use of or reliance upon any content included on our Service. We accept no liability for indirect, incidental, special, consequential or punitive loss or damages, including without limitation, loss of profits, income, business, business opportunity, sales, revenue, data, use, goodwill or reputation, loss of anticipated savings, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service or any other websites, services or resources you access, use or are redirected to as a result of our Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; (iv) unauthorized access, use or alteration of your transmissions or content; or (v) termination or suspension of your account for whatever reason, 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. 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. Insofar as permitted by law, the Service is provided without warranties, representations or guarantees 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. We make no guarantee of any specific results from the use of our Service. Nothing on the Service constitutes advice on which you should rely and its contents should not be relied upon when making any decisions or taking any action of any kind.

Earnably, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, be 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. We exercise all reasonable skill and care to ensure that our Service is free from viruses and other malware. However, we accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our Service or any other site or services referred to on our Service.

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of our Service resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

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.

Privacy Policy

Our Service is also governed by our Privacy Policy. This policy is incorporated into these Terms by this reference. Any personal information provided in your account will be collected, used and held in accordance with your rights and our obligations under the Data Protection Act 1998, as set out in our Privacy Policy.

Contact Us

We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if wish to get in touch about a complaint or otherwise. If you have any questions about these Terms, please contact us.

Other Important Terms

We may transfer (assign) our obligations and rights under these Terms to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them. You may not transfer (assign) your obligations and rights under these Terms without our express written permission.

If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms, which shall be valid and enforceable.

These Terms are between you and us. Unless expressly stated, they are not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.

No failure or delay by us in exercising any of our rights under these Terms means that we have waived that right, and no waiver by us of a breach of any provision of these Terms means that we will waive any subsequent breach of the same or any other provision.