Terms of Service on Rewrd

This Agreement was last revised on April 12, 2010.

Welcome to Rewrd, a website and online and mobile service of Anamo, Inc. ("Anamo," "we," or "us"). This page explains the terms by which you may use the Rewrd web site, web widgets, feeds, mobile device software applications (the "Rewrd Software"), applications for third-party web sites and services, and any other web or mobile services or applications owned, controlled, or offered by Anamo in association with Rewrd (collectively the "Service"). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement"), whether or not you are a registered user of our Service.

We reserve the right to amend this Agreement at any time by notifying you as provided in this Agreement, provided that no notice shall be required for non-substantive changes to the Agreement. If we substantively amend this Agreement, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").

1. Use of Our Service

Rewrd provides a new way to reward your favorite creators on the web with money, share your favorite content with your friends, and explore quality content from creators all over the world. You do not have to register in order to visit Rewrd. To access certain features of the Service, though, such as connection through your mobile device and the ability to make friends, you will need to register with Rewrd and create a "Member" account. Your Member account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.

This Service is intended solely for Users who are eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement.

You may never use another Member’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Rewrd immediately of any breach of security or unauthorized use of your account. Although Rewrd will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Rewrd or others due to such unauthorized use.

You may control your Member profile and how you interact with the Service by changing your settings on the Service. By providing Rewrd your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address or mobile phone telephone number to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such messages, you may opt out or change your preferences by changing your settings. Opting out may prevent you from receiving messages regarding updates, improvements, or offers.

You agree to use the Service only in accordance with our Acceptable Use policy.

You assume all risks arising in connection with rewarding a creator on the Service (a “Spot”) or any other related activity. Always exercise common sense and caution. For instance, rewarding a website that contains explicit or illegal content advertises your visit to the world –maybe not a good idea.

All aspects of the Service are subject to change or elimination at Rewrd 's sole discretion. Rewrd reserves the right to interrupt the Service an/or to permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service with or without prior notice for any reason or no reason. You agree that Rewrd will not be liable to you for any interruption of the Service or your account.

You are solely responsible for your interactions with other Rewrd Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Rewrd shall have no liability for your interactions with other Users, or for any User’s action or inaction.

2. Privacy

We care about the privacy of our Users. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

3. Security

We have implemented commercially reasonable technical and organizational measures designed to implement your privacy settings and secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

4. Additional Representations and Warranties

In connection with your User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, that: (a) you are at least 18 years of age; (b) you have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use; (c) your User Content and Rewrd's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity; and (d) Rewrd may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

5. Third-Party Links

Rewrd may contain links to third-party websites, advertisers, or services that are not owned or controlled by Rewrd. Rewrd has no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from Rewrd, you do so at your own risk, and you understand that this Agreement and Rewrd's Privacy Policy do not apply to your use of such sites. You expressly relieve Rewrd from any and all liability arising from your use of any third-party website or services or third party owned content.

We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

6. Indemnity

You agree to defend, indemnify and hold harmless Rewrd and its subsidiaries, agents, managers, partners (including, without limitation, its payment processing partners), and other affiliated companies, 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) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code; or (vii) your use the Service to meet another User in-person.

7. No Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, REWRD, ITS PARTNERS AND LICENSORS DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REWRD, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE REWRD SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH REWRD OR ANY OTHER USER OF THE REWRD SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT REWRD HAS 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.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

The Service is controlled and operated from its facilities in the United States and the European Union. Rewrd makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government or E.U. embargo, or that has been designated by the U.S. Government or E.U. as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government or E.U. list of prohibited or restricted parties. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States or the European Union.

9. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Rewrd without restriction.

10. General

A. Governing Law. You agree that: (i) the Service shall be deemed solely based in Greece; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Rewrd, either specific or general, in jurisdictions other than Greece. This Agreement shall be governed by the internal substantive laws of the Country of Greece, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and Rewrd that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Pylaia Perfecture, Thessaloniki, Greece, unless submitted to arbitration as set forth in the following paragraph.

B. Arbitration. For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than €10.000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

C. Notification Procedures. Rewrd may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Rewrd in our sole discretion. Rewrd reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.

D. Entire Agreement/Severability. This Agreement, together with any amendments and other legal terms referenced in the Agreement, shall constitute the entire agreement between you and Rewrd concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

E. No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Rewrds's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

F. Survival. You continue to be bound by this Agreement after termination of your account.

Please contact us with any questions regarding this Agreement.

Anamo, Inc.
Technopolis, ICT Business Park
9th Km Thessaloniki-Thermi, Thessaloniki
Building G2(Gamma Two), Offices 1.3
Thessaloniki, Pylaia, P.C. 57001
+30 2310 365-163
service [at] anamo.eu

Updates

April 12, 2010: We made a number of changes to simplify the Agreement. We also added a notice period for any future amendments we make to the Agreement. Please review the revised Agreement carefully.