User Representations and Warranties
Earning Points. Points can be earned in a Rewards Program by participating in certain Activities, as described at or about the applicable RewardRack.com Sites. If you choose to participate and follow the instructions associated with an Activity, upon satisfying all of the requirements of the Activity, you will be awarded the points associated with completing that Activity. There may be limitations on Activities and rewards, so please be sure to review all applicable Additional Terms before deciding whether or not you would like to participate. Some of the limitations on Activities and rewards include (without limitation), our right to change or limit your ability to participate in certain Activities or the Rewards Program itself; our right to change or limit the allowable frequency of Activities; our right to change or limit the number of points you can earn for a given Activity; our right to change or limit the number of points you can earn during a given time period; our right to change the Activities or rewards available, or the number of points required for a particular reward.
Redeeming Points. You may redeem points you have earned for rewards offered in a Rewards Program pursuant to the applicable Additional Terms. Supplies may be limited. Rewards are awarded on a first-come, first-serve and while-supplies-last basis. If you attempt to redeem points for a reward and the Company determines that the reward is unavailable, out of stock, or for whatever reason cannot be provided to you, the Company may, at its sole and absolute discretion, award you a reward of equal or greater value. No credit, reversal, or refund of points will be issued for any reason after points have been redeemed; in other words, once you order a reward, you may not cancel the reward or return the reward for a refund of points. Points earned are only redeemable within a Rewards Program. Points are not your personal property, and are not descendible, may not be inherited, bartered or sold to any third party. The only way to use points is to redeem them for Rewards Program rewards through the RewardRack.com Rewards Store at the following URL: http://www.RewardRack.com/redeem. You are solely responsible for all federal, state and local taxes and any other costs or expenses of accepting and using the reward. Some rewards may have eligibility requirements and the Company reserves the right to verify your eligibility qualifications prior to fulfilling any reward.
Delivery. Rewards may be emailed to your email address or mailed to the U.S. postal address, as applicable, that you provided when you registered for your Account or to the email or U.S. postal address that our records show your Account was last updated to reflect. Processing times may vary. Rewards that are undeliverable for whatever reason (including, without limitation, because your Account information is incorrect or outdated) will not be re-sent and are forfeited, and the points will not be refunded.
You acknowledge that the RewardRack.com Sites have been developed, compiled, prepared, revised, selected and arranged by the Company and others through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of the Company and others. It is our policy to enforce our intellectual property rights to the fullest extent permitted under law. The trademarks, logos and service marks ("Marks") displayed on the RewardRack.com Sites are the property of the Company or third parties and cannot be used without the written permission of the Company or the third party that owns the Marks. The Site is also protected as a collective work or compilation under U.S. copyright and other foreign and domestic laws and treaties. Users are prohibited from using (except as expressly set forth herein), transferring, disposing of, modifying, copying, distributing, transmitting, broadcasting, publicly performing, displaying, publishing, selling, licensing, or creating derivative works of any content on the RewardRack.com Sites for commercial or public purposes. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of the Company or any third party. The Company exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, "look and feel," compilations, magnetic translations, digital conversions and other materials included within the RewardRack.com Sites and related to the RewardRack.com Sites and all modifications and derivative works thereof, and all intellectual property rights related thereto.
Reporting Copyright Infringement - DMCA Policy
If you believe that any content, user-posted materials, or any other material found on or through the RewardRack.com Sites, including through a hyperlink, infringes your copyright, you should notify us. To be effective, the notification to us must be in writing and must comply with the following instructions:
- 1) Written notices must be sent either:
- a. electronically sent to email@example.com with subject line "DMCA Takedown Request". Emails sent to firstname.lastname@example.org for purposes other than communication about copyright infringement may not be answered; or
- 2) Each written notification must contain the following information:
- a. an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive copyright interest;
- b. a description of the copyrighted work that you claim has been infringed;
- c. a description of where the material that you claim is infringing is located on the RewardRack.com Sites that is reasonably sufficient to enable us to identify and locate the material (for example, a list of URLs);
- d. your physical mailing address, telephone number and email address;
- e. a statement by you affirming that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- f. a statement by you that the information provided in your notice is accurate and, under penalty of perjury, that you are the owner of an exclusive right in the material or that you are authorized to act on behalf of the copyright owner.
We will process each written notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws.
We have a policy of terminating and/or blocking repeat infringers in appropriate circumstances, in our sole discretion, subject to reasonable limitations.
You agree that you will not engage in any activity that interferes with or disrupts the RewardRack.com Sites or the Services (or the servers and networks which are connected to the Services) or use any service to manipulate your CPU to gain distinct advantage on any of our programs. Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. Please note that at any time, we may, in our sole discretion, terminate our legal agreement with you and deny you use of our Services if:
(A) you have breached any provision of these terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these terms)? or
(B) we are required to do so by law (for example, where the provision of our services to you is, or becomes, unlawful)? or
(C) the partner with whom we offered the Services to you has terminated its relationship with us or ceased to offer their services to you? or
(D) we are transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services? or
(E) the provision of the Services to you is, in our opinion, no longer commercially viable.
You further agree that your use of the Services shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to:
post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual, hateful or otherwise objectionable
post spam links, and/or personal referral links in an aggressive, wanton, or otherwise inappropriate fashion both on RewardRack.com or on any other public site on the web
defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable
upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service, other users' computers, or the access to or functionality of the RewardRack.com Sites
violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity)
attempt to obtain passwords or other private information from other members
improperly use support channels or complaint buttons to make false reports to the Company
develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable License Agreements
• exploit, distribute or publicly inform other members of any error, miscue or bug that gives an unintended advantage violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services.
If you violate the Terms, the Company reserves the right in its sole discretion to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Services. You agree that the Company need not provide you notice before terminating or suspending your account(s), but it may do so 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 the Company, including but not limited to RewardRack virtual currency or any points, prizes, awards or credits, regardless of monetary value, except to the extent prohibited by applicable law. The Company 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 RewardRack.com 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.
The Services may include communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users. The Company has no obligation to monitor these communication channels but it may do so in its sole discretion and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. The Company may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by the Company, and these communications should not be considered reviewed or approved by the Company. The Company will not under any circumstances by liable for any activity within Communication Channels. You agree that all your communications with the Communication Channels are public, and thus you have no expectation of privacy regarding your use of the Communication Channels. The Company is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
Disclaimer of Warranties; Limitation of Liability; Indemnification
The Company's failure to exercise or enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.