Prodege/Swagbucks Terms of Use

Introduction

  1. Use of Swagbucks Site and Features
  2. User Representations and Warranties
  3. Sweepstakes, Contests and Promotions
  4. Rewards Programs
  5. Intellectual Property
  6. Reporting Copyright Infringement
  7. User Conduct
  8. Communications Channels
  9. Disclaimer of Warranties; Limitation of Liability; Indemnification
  10. Tax Matters
  11. Notification of Changes
  12. International Users
  13. Excluded Users and Territories
  14. Governing Law
  15. Miscellaneous
  16. Contact Us
  17. Additional Terms related to Third Party Outlets

Introduction

These Terms of Use were last updated on: 25 May 2018.

Swagbucks GmbH, a German limited liability company (together with any affiliates, “we“, “us“, “our” and the “Company“) owns and operates one or more websites, mobile apps, and interactive services, under the brand Swagbucks.com or associated brands (collectively, the “Swagbucks Site“). Our registered company number in Germany is S 553/2015, and our registered office is at Paul-Linke-Ufer 41 10999 Berlin. Our VAT registration number is DE302403805.

These Terms of Use (“Terms“) apply to the Swagbucks Site and to all of the features, mobile applications, emails, online services and other functionalities (collectively, the “Features“) available via or related to the Swagbucks Site, whether accessed via a computer, mobile device, or otherwise (collectively, the “Swagbucks Site and Features“).  These Terms of Use may also apply to future websites, mobile apps, and interactive services operated by the Company, whether or not associated with the Swagbucks brand.

These Terms are a legal agreement between you and the Company. By using any of the Swagbucks Site and Features or our Services (defined below), and/or clicking to “Accept” or otherwise agreeing to these Terms where that option is made available to you, you agree to be bound by these Terms as well as our Privacy Policy (https://www.prodege.com/privacy). If you do not agree to these Terms or our Privacy Policy, please do not register with or use any Swagbucks Site or Features or our Services.

We may post additional terms, official rules, or agreements that apply to certain services, applications, activities, and features we offer or provide at or through the Swagbucks Site and Features (“Additional Terms“), and you may be subject to such Additional Terms when you access those services, applications, activities and/or features. In the event of any conflict between the terms of the Additional Terms (on the one hand) and these Terms (on the other hand), these Terms shall prevail unless expressly otherwise stated in the Additional Terms, which are intended to supplement, but not replace, these Terms.

Please don’t hesitate to contact us with any questions regarding these Terms or any Additional Terms. You can reach us by using the “Contact Us”, “Contact Member Services” or similar contact link in the footer of the Swagbucks Site or Features.

  1. Use of Swagbucks Site and Features

You agree to use the Swagbucks Site and Features and the services available on or through the Swagbucks Site and Features (the “Services“) only for purposes that are permitted by these Terms, any Additional Terms, and any applicable law, regulation or generally accepted practices in the relevant jurisdictions. Subject to all of the provisions of these Terms, the Company hereby grants you a limited, terminable, non-transferable, personal, non-exclusive licence to access and use the Swagbucks Site and Features and our Services solely as provided herein. You may download material displayed on the Swagbucks Site and Features for non-commercial, personal use only, provided you do not remove any copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, broadcast, publicly perform, transmit, reuse, re-post, or use the content of the Swagbucks Site and Features, including any text, images, audio, and video, for public or commercial purposes without the Company’s prior written permission. Notwithstanding anything to the contrary herein, all rights not specifically granted in the licence set forth above shall be reserved and remain always with the Company. Your right to use the Swagbucks Site and Features and our Services is not transferable. You acquire no rights or licences in or to the Swagbucks Site and Features and materials contained therein other than the limited right to access and utilise the Swagbucks Site and Features and our Services in accordance with these Terms.

If you are accessing the Swagbucks Site and Features via any of our applications available via third parties (collectively “Third Party Outlets“) including, without limitation, Apple, Inc.’s “App Store” or Google, Inc.’s “Google Play” store, you acknowledge and agree that these Terms are entered into by and between you and the Company only, and that none of the Third Party Outlets are party to these Terms. The Third Party Outlets are not sponsors to, nor in any way affiliated with, any of the Company’s Promotions (defined below), nor any of our Services or the Swagbucks Site and Features.

  1. User Representations and Warranties

By using the Swagbucks Site and Features or our Services, you represent and warrant that you: (i) have the power and authority to enter into and be bound by these Terms; (ii) shall use the Swagbucks Site and Features and our Services only as permitted by these Terms, and any applicable Additional Terms, and not for any unlawful purpose; and (iii) are sixteen (16) years of age or older (or any older age legally required under local law to bind yourself legally to these Terms). If you are under the age of 16 (or any older age legally required under local law to bind yourself legally to these Terms), you are not allowed to use the Swagbucks Site and Features nor our Services. Some offerings on the Swagbucks Site and Features or our Services may be subject to additional age restrictions.

  1. Sweepstakes, Contests and Promotions

Any sweepstakes, contests or promotions (collectively, “Promotions“) that may be offered via the Swagbucks Site and Features or our Services may be governed by Additional Terms, which may set out eligibility requirements, such as certain age or geographic area restrictions, terms and conditions, and details governing how your personal information may be used. It is your responsibility to read all Additional Terms to determine whether or not you want to or are eligible to participate, enter or register in or for the Promotions. By participating in a Promotion, you will be subject to the Additional Terms and you agree to comply with and abide by such Additional Terms and the decisions of the sponsor(s) thereof. The Third Party Outlets are in no way associated with the Promotions.

  1. Rewards Programs.

Overview
The Company may offer one or more rewards programs (“Rewards Programs“) under which you may have the opportunity to earn points (in the Swagbucks.com program, such points are called “SB“), which are redeemable for rewards (“Rewards“). Not all of the Swagbucks Site and Features offer Rewards Programs, however, and Rewards Programs may include Additional Terms that apply to your participation in activities allowing you to earn points (collectively, “Activities“). The Company may limit, suspend or terminate your ability to participate in a Rewards Program in its sole and absolute discretion, and may void any points, Rewards, or potential Rewards you may have earned or accumulated in a Rewards Program, if we determine in our sole discretion that you have not complied with these Terms or any Additional Terms applicable to such participation. You agree to abide by the final and binding decisions of the Company regarding any Rewards Program and your participation in it. We reserve the right to change, suspend, or cancel all or a portion of a Rewards Program, including any points you may have accrued, at any time. We will generally use reasonable efforts to provide notice to you of any material change to or a suspension or cancellation of a Rewards Program.

Earning Points

Points can be earned in a Rewards Program by participating in certain Activities, as described in the Swagbucks Site and Features. 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 so long as the Company and/or its third-party Rewards Program affiliates are able to properly track your valid and completed point-earning Activities. For avoidance of doubt, Company shall not be responsible for, nor shall Company be obligated to award points or Rewards to Rewards Program participants for, any Activity that is not properly recorded, tracked and/or deemed approved under Company’s or its third-party Rewards Program affiliates’ policies, procedures and systems, and any points or Rewards previously granted may be revoked in appropriate circumstances. 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. For example, we reserve the right to request and verify receipts of completed purchases prior to or in connection with the awarding of points for shopping Activities in order to verify with the applicable merchant that such purchases are valid. You agree that we may also contact you by phone, SMS or text (including using an automated dialing system) for the purpose of verifying transactions and/or avoiding potential fraud or misuse of our Swagbucks Sites and Features.  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 or during a given time period; and our right to change the Activities or Rewards available, or the number of points required for a particular reward. Points awarded have no cash value.

Redeeming Points

You may redeem points you have earned for Rewards offered in a Rewards Program pursuant to these Terms and any applicable Additional Terms. Supplies may be limited. Rewards may be 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, provide you with 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. The only way to use points is to redeem them for Rewards Program Rewards as available from time to time through the Swagbucks.com Rewards Store at https://www.swagbucks.com/rewards-store, or other applicable Rewards Program redemption sites, as applicable. Some Rewards may have eligibility requirements and in that case the Company reserves the right to verify your identity (by requesting photocopy of your driver’s licence or state ID card, or other proof as we may require) and eligibility qualifications to our complete satisfaction prior to crediting points or fulfilling any Reward in any Rewards Program, or otherwise providing you with any benefit.

Delivery of Rewards

Rewards may be emailed to your email address that you provided when you registered and created an account (“Account“) for the applicable Rewards Program, or to the email that our records show your Account was last updated to reflect. Processing times may vary. Rewards that are undeliverable or unclaimed for whatever reason (including, without limitation, because your Account information is incorrect or outdated) may be forfeited, and the points will not be refunded.

Rewards Program Points Nontransferable

Rewards Program points are non-transferable, may not be bartered or sold, and are void if a transfer is attempted, and such points and the associated Account are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.

Inactive Accounts

Any Account that has not been logged into and points either earned or redeemed for one year or more may be deemed inactive and the Account closed. We may either close the Account completely or remove any points in the Account and treat it as inactive, as we elect.  In such instances, to request Account reactivation (subject to such terms, limitations and requirements as we may impose from time to time) you may reach us by using the “Contact Us”, “Contact Member Services” or similar contact link in the footer of the Swagbucks Site or Features. We may modify the foregoing inactive Account rules and policies in our Rewards Programs from time to time.

Points Expiration

Any points in our Rewards Programs that have not been redeemed for two (2) years from the time such points were earned or awarded may be deemed expired and removed from your Account. In such instances, to request re-crediting of the expired points to the Account (subject to such terms, limitations and requirements as we may impose from time to time) you can reach us by using the “Contact Us”, “Contact Member Services” or similar contact link in the footer of the Swagbucks Site or Features. We may modify the foregoing points expiration rules and policies for any points in our Rewards Programs from time to time.

  1. Intellectual Property

You acknowledge that the Swagbucks Site and Features 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 these intellectual property rights to the fullest extent permitted under law. The trademarks, logos and service marks (“Marks“) displayed on the Swagbucks Site and Features 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 Swagbucks Site and Features are also protected as a collective work or compilation under applicable 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 Swagbucks Site and Features or our Services 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 Swagbucks Site and Features and related to our Services, and all modifications and derivative works thereof, and all intellectual property rights related thereto.

  1. Reporting Copyright Infringement

If you believe that any content, user-posted materials, or any other material found on or through the Swagbucks Site and Features or our Services, including through a hyperlink,infringes your copyright, you should notify us. 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.

  1. User Conduct

You agree that you will not engage in any activity that interferes with or disrupts the Swagbucks Site and Features or our Services (or the servers and networks which are connected to our Services) or use any service to manipulate your computer or other device to gain any advantage on any of our programs. Unless you have been specifically permitted to do so in a separate written agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell our Services for any purpose. You further agree that your use of the Swagbucks Site and Features and our Services shall not be fraudulent or deceptive, or unlawful, as determined in our sole and absolute discretion. You shall also comply with all usage rules found throughout the Swagbucks Site and Features and/or our Services, including, without limitation, any   (https://help.swagbucks.com/hc/en-us/articles/205640094-A-guide-to-the-Dos-Don-ts-of-Swagbucks) or other guidelines posted on any of the Swagbucks Site and Features. You agree to comply with the instructions set out in any robots.txt file present on the Swagbucks Site and Features and our Services. Without limiting the generality of the foregoing, you agree not to use the Swagbucks Site and Features or our Services in order to:

  • access (or attempt to access) any of our Services by any means other than through the interface that we provide;
  • share a single Account with any person other than the registered Account holder;
  • create and/or use multiple Accounts (i.e. only one Account is permitted per person);
  • maintain or use any false identity or multiple identities, or otherwise fail to participate in our Services using your real identity and accurate contact, demographic and other information;
  • submit any personal information (name, email, zip code, etc.), payment information (credit card number and expiration date, etc.), or other information which we determine in our sole discretion to have been false, inaccurate or otherwise invalid in connection with any Activities or any other use of the Swagbucks Site and Features or our Services;
  • post, upload, transmit or otherwise disseminate information that (in our sole discretion) 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, whether on any Swagbucks Site and Features or on any other web site or application;
  • defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person’s view, otherwise act in an offensive or objectionable manner;
  • upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service, other users’ computers, or access to or functionality of the Swagbucks Site and Features;
  • 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 Swagbucks Site and Features or our Services 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 account information, passwords or other private information from other members;
  • improperly use support channels or complaint buttons to make false or frivolous reports to the Company or to communicate with our customer support representatives in a disrespectful, belligerent or inappropriate manner;
  • develop, distribute, make use of, or publicly inform other members of: “auto” software programs, “macro” software programs, web crawlers or other script or “cheat utility” software programs or applications;
  • share or distribute survey IDs, answers or other survey information, or otherwise coach or assist other members with regard to qualifying for or answering surveys;
  • abuse any of our Services in a manner that does not reflect normal or appropriate human usage, such as conducting excessive searches or other Activities in our Rewards Programs for the sole or primary purpose of receiving points, as we may determine in our sole discretion;
  • take any action with respect to a merchant, advertiser or other third-party offer to earn points that either we or the merchant, advertiser, or other third-party offeror determines to have been invalid or made without a legitimate interest in the goods or services of the merchant, advertiser or third-party offer (such as returning merchandise purchased through a Prodege website or signing up for a trial subscription or service offer and then cancelling or seeking a refund without having evidenced an intention to actually use the subscription or service); or
  • exploit, distribute or publicly inform other members of any error, miscue or bug (“Error“) that gives an unintended advantage, violate any applicable laws or regulations, or promote or encourage any illegal or unauthorized activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for our Services. If you find an Error, we kindly request that you report it to our appropriate support team by using the “Contact Us”, “Contact Member Services” or similar contact link in the footer of the Swagbucks Site, or by airmail to: Swagbucks GmbH, Paul-Linke-Ufer 41 10999 Berlin; Attention: Customer Service.

If we determine in our sole discretion that you have violated these Terms, the Company may in its sole discretion issue you a warning regarding the violation prior to terminating or suspending any or all Accounts you have created (or which are associated with you) using our Services. However, you acknowledge and agree that the Company need not provide you with any prior warning or notice before revoking any points or Rewards previously awarded based upon activity in violation of these Terms and/or terminating or suspending your Account(s) and/or your access to the Swagbucks Site and Features and our Services for any reason, at its sole and absolute discretion.

  1. Communications Channels

The Swagbucks Site and Features and our Services may include communication channels such as forums, communities, or chat areas (“Communication Channels“) designed to enable you to communicate with other Services 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 and absolute 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 be 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.

  1. Disclaimer of Warranties; Limitation of Liability; Indemnification

Nothing in these Terms shall limit or exclude our liability to you:

  • for death or personal injury caused by our negligence;
  • for fraudulent misrepresentation;
  • for breach of any term implied by the U.K. Consumer Rights Act 2015 or other applicable consumer law in each relevant jurisdiction and which, by law, may not be limited or excluded; or
  • for any other liability that, by law, may not be limited or excluded.

You agree that your use of the Swagbucks Site and Features and our Services shall be at your own risk.

To the maximum extent permitted by applicable law, the Company makes no guarantees, warranties, or representations about the accuracy or completeness of the content of the Swagbucks Site and Features or our Services, or the content of any sites linked to our Services, and assumes no liability or responsibility for any (i) errors, mistakes, or content inaccuracies, (ii) personal injury (including death) or property damage, of any nature whatsoever, resulting from your access to and use of the Swagbucks Site and Features or our Services (other than as caused solely by our negligence), (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from our Swagbucks Site and Features or our Services, (v) bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Services by any third party, (vi) errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Swagbucks Site and Features or our Services, and/or (vii) tax liability imposed against you by any taxing authority.

To the maximum extent permitted by applicable law, in no event will the Company, or its affiliates, partners, employees, and agents, be liable to you or any third person for any business losses and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.

You specifically acknowledge that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party. You agree hold the Company, and each of its affiliates, partners, employees, and agents, harmless from and against any claim, cause of action, loss, liability, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with (i) your use of and access to the Swagbucks Site and Features or our Services in breach of these Terms; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right, or damage to a third party; (iv) any tax obligations arising from or related to your use of the Swagbucks Site and Features or our Services; and/or (v) any content you post or share on or through the Service.

You agree that the Company will not be liable for, or be required to provide any compensation to you with respect to, the termination of any Rewards Program or any associated Account(s), including without limitation any points, Rewards, prizes, or credits in your Account(s) or otherwise existing in your favor at the time of termination.

Sometimes when you use our Services, you may use a service or download a piece of software, or purchase goods, provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the other company or person. If so, these Terms do not affect your legal relationship with these other companies or individuals.

You agree that we are not responsible for the loss or impairment of any points, Rewards, prizes, or credits, regardless of monetary value, in the event there is any: change in the value of each point (as determined in Company’s sole and absolute 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 points balance or value of any Account(s).

All guarantees, warranties, and representations, whether express or implied, as to the condition, suitability, quality, fitness or safety of any goods and services supplied under our Rewards Programs or other Services are excluded to the fullest extent permitted by applicable law.

Any liability the Company may have to a member under any such guarantees, warranties or representations implied or imposed by law which cannot be excluded is hereby limited, to the extent legally permissible, to supplying or paying the cost of supplying the goods or services (or equivalent goods or services) or repairing or paying the cost of repairing the goods or re-performing the services, at the Company’s sole option.

Please note that at any time, we may, in our sole discretion, terminate our legal agreement with you and deny you continued use of the Swagbucks Site and Features and our Services, and, without limiting the foregoing, may do so if (i) we are required to do so by law (for example, where the provision of our services to you is, or may become, unlawful); (ii) the partner with whom we offered our Services to you has terminated its relationship with us or ceased to offer their services to you; (ii) we are no longer providing all or any portion of our Services to users in the jurisdiction in which you are resident or from which you use our Services; or (iv) the provision of our Services to you is, in our opinion, no longer commercially viable.

  1. Tax Matters

You acknowledge and agree that we do not have the ability, in every instance, to determine whether or not the points, Rewards, prizes, or credits you earned or redeemed in any Rewards Program are considered reportable taxable earnings in your jurisdiction. You are therefore responsible for any and all tax liability arising from or associated with your use of the Swagbucks Site and Features or our Services, including liability arising from your accrual of Rewards Program points or your redemption of such points for cash or other value. As a condition of your continued use of the Swagbucks Site and Features and our Services, we reserve the right to require you to provide necessary tax reporting information if our records show that you are or may be required to report the value of your points, rewards, prizes, or credits to an appropriate tax authority. We encourage you, and it is your responsibility, to seek advice of a tax expert in order to determine the tax consequences of your use of the Swagbucks Site and Features and our Services, and any associated points, Rewards, prizes, or credits earned or redeemed.

  1. Notification of Changes

We reserve the right to make changes to these Terms from time to time in our sole discretion. If we decide to change these Terms, we will provide notice of such changes by sending you an administrative email and/or posting those changes in places on the Swagbucks Site and Features deemed appropriate by us so our users are always aware of the terms of their use of the Swagbucks Site and Features and our Services. Your continued use of any of the Swagbucks Site and Features or our Services after delivery of the administrative email to you or after the changes are posted constitutes your agreement to the changes. If you do not agree to the changes, please discontinue your use of such Swagbucks Site and Features and our Services. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms to any prior events or circumstances would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable. In any event, if you used any of the Swagbucks Site and Features or our Services pursuant to a prior version of these Terms that required a certain notice period to you prior to any changes being effective, any changes under these Terms will not be effective as to you until the previously-specified notice period has passed after the stated effective date of these Terms.

  1. International Users

The Swagbucks Site and Features are controlled, operated, and administered by the Company from the offices for its parent company, Prodege, LLC, within the United States of America. The Company makes no representation that materials on the Swagbucks Site and Features are appropriate or available for use at other locations outside of the United States or United Kingdom and access to them from territories where the contents or products available through the Swagbucks Site and Features are illegal is prohibited. You may not use the Swagbucks Site and Features or export the content or products in violation of U.S. export laws and regulations. If you access Swagbucks Site and Features from a location outside of the United States or United Kingdom, you are responsible for compliance with all local laws.

  1. Excluded Users and Territories

You are not permitted to download or use any of the Swagbucks Site and Features or our Services, including making any purchases of products or services from the Company, if you are (i) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (ii) identified as a “Specially Designated National”; or (iii) placed on the U.S. Department of Commerce’s “Denied Persons List or Entity List” or any other U.S. export control list, or if the transaction would otherwise be illegal under any applicable law or regulation.

  1. Governing Law

These Terms shall be governed by English law, except that if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.

You agree that any dispute between you and us regarding these Terms and the Swagbucks Site and Features and our Services will only be dealt with by the English courts, except that if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.

The European Online Dispute Resolution platform set forth at http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.

  1. Miscellaneous

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 an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that  the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision or the provision shall be deemed severable, and the other provisions of these Terms remain in full force and effect. The paragraph or section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms and any Additional Terms represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in a writing signed by the party to be charged or as otherwise expressly provided herein. These Terms are binding upon and shall inure to the benefit of parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You may not assign your rights or obligations hereunder without the Company’s prior written consent, and any such unauthorized assignment shall be null and void. We are required by law to advise you that contracts created under these Terms may be concluded in the English language only and that no public filing requirements apply.

  1. Contact Us

If you have any questions or concerns regarding these Terms or your use of the Swagbucks Site and Features or our Services, please contact us by using the “Contact Us”, “Contact Member Services” or similar contact link in the footer of any of the Swagbucks Site, or by airmail to: Swagbucks GmbH, Paul-Linke-Ufer 41 10999 Berlin; Attention: Customer Service.

  1. Additional Terms related to Third Party Outlets

Apple

If you download, access and/or use the Swagbucks Site and Features on Apple’s iOS operating system:

  • the Swagbucks Site and Features may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;
  • you acknowledge and agree that:
    • Apple has no obligation at all to provide any support or maintenance services in relation to the Swagbucks Site and Features. If you have any maintenance or support questions in relation to the Swagbucks Site and Features, please contact us, not Apple;
    • except as otherwise expressly set out in these Terms, any claims relating to the possession or use of the Swagbucks Site and Features are between you and us (and not between you, or anyone else, and Apple);
    • in the event of any claim by a third party that your possession or use (in accordance with these Terms) of the Swagbucks Site and Features infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
    • although these Terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these Terms, will have the right to enforce these terms against you;
  • you represent and warrant that:
    • you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and
    • you are not listed on any United States Government list of prohibited or restricted parties; and
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