Terms of Use - Earnplify (AU)

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Terms of Use

TERMS OF SERVICE

Earnplify LLC (hereinafter referred to as “Earnplify”, “we”, “us”, or “our”) is based in the United States and provides a digital coupon marketplace (the “Services”) which includes, and is accessible via the website published at www.earnplify.com (and any other websites with Earnplify branding that link to these Terms) (collectively, the “Site”). The Services, for example, allow users to access offers or coupons of certain third-party merchants (“Merchants”) for online use. By using the Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services, and constitute a binding legal agreement between you and Earnplify. Please read carefully these Terms and our Privacy Policy and which is incorporated by reference into these Terms.

If you do not agree to these terms, please do not use the Services.

Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Site, Application or Services, including but not limited to all content, services, digital products, tools or products, is hereby expressly prohibited.

INTRODUCTION

Earnplify offers you the specified discount against items/products belonging to the concerned merchants that are widely sold online. These discount vouchers are set-up by the promotional criteria set by the merchants themselves. These coupons usually last for a certain amount of time and will expire after a specified period. We have set the best deals and discounts for the shortest amount of time, sometimes only hours or for a day. Hence, it becomes necessary for you to follow us regularly for discount codes so as to receive the best deals. Our motive behind these codes is to generate sales for the merchants within the specified time-period, simultaneously leveraging publicity and branding of these merchants.

“Login” means we have enabled the “User” to register and have access to certain elements of the website under our terms of use.

“User” means any person who visits or uses the website.

PARTICIPATION

Registration

To utilize certain portions of the Services, you may be required to complete a registration process and establish an account with Earnplify (“Account”). You represent and warrant that all information provided by you to Earnplify is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.

Password and Security

As a registered user of the Services, you may receive or establish a user name and one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and account(s). You understand and agree that you are individually and fully responsible for all actions and postings made from your Account(s). Any accounts you create are not transferrable. You agree to notify Earnplify immediately if you become aware of any unauthorized use of your account(s).

Privacy

Earnplify respects the privacy of its users. The Privacy Policy provided via the Site, and which may be found at Privacy Policy, is expressly incorporated herein by reference and made a part of these Terms.

User Generated Content

Earnplify does not pre-screen or regularly review all contributed content. However, Earnplify has the absolute right (though not the obligation) to remove, without notice, any content posted.

By posting any content, you represent and warrant:

  1. you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the posted content, or
  2. such posted content is in the public domain, or
  3. your use of such posted content constitutes fair use. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.

You also agree not to post any of the following types of content to the Site:

  1. adult content, pornography, explicit sexual images, or nude images;
  2. content containing explicit, vulgar, or obscene language;
  3. content promoting hate, abuse or destructive actions;
  4. content promoting illegal activities; or primarily political, religious, psychic, or metaphysical content;
  5. content promoting pirated software;
  6. content intending for phishing or spreading malware;
  7. content that is disparaging of any person or entity;
  8. content that is in violation of any law or regulation; or
  9. any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by us.

LICENSE TO EARNPLIFY

By posting or contributing content to the Services, or by providing any feedback, suggestions, ideas, and other submissions to Earnplify, you are granting Earnplify a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Services, including, without limitation, (a) the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work, and (b) the right to sublicense any or all of Earnplify’s license rights to others. You further waive any and all moral rights in and to such content in favor of Earnplify. For greater certainty, this means that, among other things, Earnplify has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.

Acceptable use

Earnplify hereby grants you a limited, non-exclusive, non-transferable, license to access and use the Services as provided by Earnplify solely for your personal use and enjoyment in the manner permitted by these Terms. You shall not attempt or engage in potentially harmful acts that are directed against the Services including, without limitation, any one or more of the following:

  1. Using the Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party;
  2. causing, allowing, or assisting any other person to impersonate you;
  3. sharing your password or login with any other person;
  4. logging onto a server or Account(s) that you are not authorized to access;
  5. creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity;
  6. emulating or faking usage of the Services;
  7. violating or attempting to violate any security features of the Services;
  8. using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Site;
  9. introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services;
  10. interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Services;
  11. causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Earnplify;
  12. tampering with the operation, functionality, or the security of the Services;
  13. attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected;
  14. attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures;
  15. misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services;
  16. harvesting or collecting email addresses or other contact information of other users or clients from the Services by electronic or other means;
  17. reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services;
  18. engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  19. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
  20. deep-linking to any portion of this Services without our express written permission;
  21. acting illegally or maliciously against the business interests or reputation of Earnplify or the Merchants promoted via the Services;
  22. hyperlinking to the Services from any other website without our initial and ongoing consent;
  23. using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Earnplify;
  24. reselling or repurposing your access to the Services or any purchases made through the Services; or
  25. using the Services or any of its resources to solicit other users of the Services, Merchants or other business partners of Earnplify to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Earnplify, including without limitation, aggregating current or previously offered coupons or deals.

[NOTE: Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation.]

ACCURACY

Earnplify makes no representation or warranty as to the accuracy or fitness for use of any offers, including, but not limited to, coupons, rebates, discounts, etc. posted via the Services or that any third party will honor or acknowledge any such offers, coupons, rebates, discounts, etc. posted via the Services.

Earnplify is not responsible for providing any value for any offers, coupons, rebates, discounts, etc. posted via the Services. Earnplify is not responsible for the change of information at third party sites or stores including but not limited to rebate information, pricing, availability or fitness for use.

Earnplify does not and cannot review all material made available through websites linked or linking to any part of the Services. Earnplify does not warrant that the Services or any functions contained in Earnplify content available via the Services will be uninterrupted or error free, that defects will be corrected, or that the Services or the server that makes them available are free of viruses or bugs.

IN NO EVENT SHALL EARNPLIFY OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S OFFERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER EARNPLIFY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

LINKING

You understand that any linking to or from the Services does not imply in any way that Earnplify is endorsed by any third party or that Earnplify endorses or is affiliated with any third party or any third-party website. You agree that Earnplify bears no responsibility or liability for any content accessed or harm caused from any third-party website. Other websites may collect and treat information they collect differently, so we encourage you to carefully read and review the privacy policy and terms of use for each website you visit.

TRADEMARK INFORMATION

You agree that all of Earnplify’s trademarks, trade names, service marks, and other logos and brand features (including, without limitation, ” Earnplify”, “Amplify Your Savings”, and “Earnplify, The Best Way to Amplify Your Savings”) that are displayed via the Services (collectively, the “Marks”) are trademarks and the property of Earnplify. You agree not to display or use Earnplify’s Marks in any manner without Earnplify’s prior permission. Third-party trademarks are the property of their respective third-party owners. Presence of a third-party trademark on the Services does not mean that Earnplify has any relationship with that third party or that such third party endorses the Services or Earnplify.

INTELLECTUAL PROPERTY OWNERSHIP

All right, title and interest in the Services, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to these Terms, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Earnplify or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Services constitute a valuable trade secret and/or are the confidential information of Earnplify or its licensors. Nothing in these Terms or otherwise will be deemed to grant to you an ownership interest in the Services, in whole or in part. All content and materials included as part of the Services, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the “Works”) are the property of Earnplify, its licensors, or applicable third party rights holders (such as Merchants), and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All works are copyrighted as individual works and as a collective work under copyright laws and international treaty provisions, and Earnplify owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to these Terms may cause Earnplify and its licensors irreparable injury, which may not be remedied at law, and you agree that Earnplify and its licensors’ remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief. Our Brand Logo and Brand Name is protected under the Trademark act of 1999. Any infringement or plagiarism of any sorts will lead to serious legal actions being taken against the perpetrator.

DISCLAIMER, RELEASE & LIMITATION OF LIABILITY

Disclaimer

THE SERVICES ARE PROVIDED BY EARNPLIFY ON AN “AS IS” AND “AS AVAILABLE” BASIS. EARNPLIFY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS AVAILABLE VIA THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EARNPLIFY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EARNPLIFY DOES NOT WARRANT THAT THE SERVICES, ITS SERVERS, OR E-MAIL SENT FROM EARNPLIFY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ALL PICTURES SHOWN OR USED IN EARNPLIFY BLOG ARE FOR ILLUSTRATION PURPOSE ONLY.

Release

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH MERCHANTS AND OTHER USERS OF THE SITE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE EARNPLIFY FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A MERCHANT, ANY ACTION OR INACTION BY MERCHANT, INCLUDING MERCHANT’S FAILURE TO COMPLY WITH APPLICABLE LAW, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.

Limitation of Liability

EARNPLIFY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Applicability

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

RESTRICTED ACCESS

  1. We have restricted access to certain areas of our website. We reserve the right to restrict access to other areas of our website, or our whole website at our circumspection.
  2. If we find any data outflow then we will immediately disable your user ID and password without prior notice or explanation.

Updated: July 28, 2020

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