Terms Of Use

TERMS OF USE

SAS POINTSPRIZES

VERSION UPDATE:
Applicable as from 11th August 2016 (Version 1)

Preliminary

SAS PointsPrizes is engaged in offering persons who act legally and in good faith the opportunity to accrue units of measurement (“Points”) which may be used towards the goal of achieving a prize.

Terms of Use

These Terms of Use are a legal agreement (“Agreement”) between SAS POINTSPRIZES (the “Company”) and any person (“You”) who uses the Company’s website or any part thereof or any of the Company’s Services. By using the Company’s website or any part thereof or any of our Services you agree to be bound by these Terms.

These Terms of Use shall apply in respect to the use of any and all services provided by the Company by whatever means such service is provided.

These Terms of Use shall also apply in respect of the interpretation or legal construction of any and all content provided by the Company by whatever means such content is provided.

You also agree to comply with the terms of use of any websites or services provided by a third party which is accessed through services provided by the Company but in the case of conflict these terms shall prevail over any other terms.

The Company’s failure to exercise or enforce any of the terms of agreement will not be deemed to be a waiver of such right or provision.

You agree to recognise and acknowledge that Points awarded to you by the Company are not a virtual currency. Points have no inherent value and cannot be traded on an open market. Instead Points are a unit of measurement towards a prize goal.

At the current time the benefit bestowed by 3000 units of measurement (“Points”) is a prize valued at $20 U.S. or more.

1) Governing law and Jurisdiction

SAS POINTSPRIZES is a company registered in France.

This Agreement is governed by and shall be construed exclusively in accordance with the laws of France.

You agree that all disputes arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the Courts of France and You agree that at first instance all disputes arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the Tribunal de Commerce de Perpignan.

You agree that all disputes arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the Tribunal de Commerce de Perpignan notwithstanding that You may wish to apply for any urgent or protective remedy.

2) You agree not to participate in any form of class legal action against the Company.

3) Informal Dispute Resolution

You agree that prior to seeking any legal redress in any court of law You shall provide the Company with the opportunity to Informally resolve any dispute which You may have. You agree to allow the Company a reasonable opportunity of not less than 60 days to resolve the dispute.

You agree to initiate informal dispute resolution by sending a Notice of Dispute by mail addressed to:

SAS POINTSPRIZES
8 Rue des Remparts
66160 Le Boulou
France

The Notice must be entitled 'Dispute Resolution' and must adequately describe the basis of the claim and enclose copies of any relevant documents.

The Notice must state what remedy You seek.

The letter containing the Notice must be sent by recorded delivery.

4) You warrant that you have the legal authority and are of legal age to be bound by these terms.

5) Your use of or participation with services or content provided by the Company or a third party associated with the Company shall be permitted or denied or suspended at the Company’s sole discretion. The Company may in its sole discretion void any points or other rewards, achieved or inchoate which you may have earned or accumulated, in particular but not limited to, failure by You to comply fully or in part to these Terms or failing to satisfying the requirements of a points or rewards earning activity.

6) The company may close any account which you may have with the Company at any time in its sole discretion or modify any such account, in particular but not limited to accounts which appear to the Company to be inactive, and shall do so without compensating you for any points or rewards earned or inchoate nor shall it compensate you for the loss of opportunity to earn points or rewards in the future.

7) Reporting of Copyright Infringement – DMCA Policy

If you believe that any intellectual property used by the Company infringes your copyright, you may notify us.

The notification must be in writing and must comply with the following:

Written notices must be sent electronically to the email address support@pointsprizes.com with subject line “DMCA Request”.

The notification must contain the following information to be considered a valid notice:

  • A clear statement that the signatory of the notification is the owner of the copyright material which is the subject of the notice or a statement that the signatory of the notification is legally authorised to act on behalf of the owner of intellectual property being claimed;
  • A statement, under penalty of perjury, that the signatory of the notification is the owner of an exclusive right in the material or that the signatory is legally authorised to act on behalf of the copyright owner;
  • The signature (and name printed in capital letters) of the person who claims to own the copyright of the material being claimed, or signature of the person legally authorised to act on behalf of the intellectual property owner;
  • Description of the copyrighted work which is claimed has been infringed;
  • Statement of where the material that is being claimed has been infringed is located sufficient to enable the Company to locate the material (for example specific URLs);
  • Your physical mail address, telephone number and email address;
  • A statement by the person signing the notification that such person, in good faith, has the belief that the disputed use is not authorised by the copyright owner.

The Company will in its absolute discretion take appropriate action guided by applicable intellectual property laws.

8) You agree that you shall not or shall not attempt to (as as determined in our sole and absolute discretion):

  • Interfere with any website or application of the Company;
  • Disrupt any website of the Company or any service thereof;
  • Duplicate, copy, sell, reproduce or trade the Company´s services for any purpose;
  • Resell or trade the Company´s services for any purpose;
  • Manipulate or otherwise gain an advantage over any website of the Company or any service thereof.

Nor shall shall your use of the Company´s services be fraudulent, deceptive, or unlawful.

9) You agree to use the Company´s website and services only in the utmost good faith and honesty and you accept that the Company may determine in our sole discretion that You have not done so. In consequence of such determination the Company may terminate or suspend your account without prior notice to You. The Company may, in its absolute discretion, issue You with a warning regarding the violation but is not bound to do so.

The following are provided as examples of the use of the Company’s website and services in bad faith:

  • Accessing any of our services other than through any interface provided by the Company;
  • Use of any false identity or multiple identities;
  • Engaging in any illegal or unauthorised activity including, but not limited to, hacking;
  • Attempting to exploit any cheats or hacks for our services;
  • Making use of automatic software or cheating software, such as but not limited to, web crawlers and macro programs;
  • Only only one Account per person is permitted. You must not create multiple Accounts or use anything other than your real identity and provide anything other than accurate contact or other information;
  • Sharing a single Account with any person other than the registered Account holder;
  • Communicating with our customer support representatives in anything less than in a respectful and appropriate manner;
  • The making of false reports to the Company;
  • The making of frivolous reports to the Company;
  • Defame, libel or act in a offensive or objectionable manner;
  • Usage of our service or another´s service in a manner that does not constitute normal (as the Company may determine in our sole discretion) usage by a human individual, such as conducting multiply digitally assisted actions;
  • Obtaining account information, passwords or other private information from other persons;
  • Posting spam links;
  • Posting personal referral links in an inappropriate manner whether on the Company´s website or on any other website;
  • Assisting other members with a view to qualifying for surveys;
  • Violating the intellectual property or other rights of any party.

10) The Company may at any time in its absolute and sole discretion terminate, cancel or modify any account or of any rewards or prizes. You agree that the Company will not be liable for, or be required to provide any compensation to you with respect to the termination, cancellation or modification of any account or of any rewards or prizes which may have accrued at the time of such termination or modification.

11) The Company in our sole discretion may at any time, without incurring liability for compensation or for any loss, terminate, cancel or otherwise void or invalidate, any account, rewards of any nature, in particular but not limited to circumstances where a third party which is accessed through a website or services provided by the Company terminates its relationship with the Company or stops offering their services to You for any reason whatsoever or the provision of our services to you is in our absolute discretion no longer commercially viable.

12) You are responsible for any and all tax liability arising from Your receiving points or other rewards from the Company. The responsibility reporting of tax liability which you may incur by receiving points or other rewards from the Company is Yours.

13) You, and not the Company, are solely responsible for any endorsements or testimonials you make regarding any product or service made on or through a third party website or services which is accessed through a website or services provided by the Company. You agree that You will comply with the FTC’s Guidelines Concerning the Use of Testimonials and Endorsements in Advertising.

14) You agree to be bound by such additional terms, rules, guidelines and disclaimers which shall appear on the Company’s website or other services, in particular but not limited to, our disclaimer as to earnings (https://www.pointsprizes.com/earnings) and our Brand Guidelines (https://www.pointsprizes.com/brand). The additional terms, rules, guidelines and disclaimers, shall be supplemental to these terms and should there be any conflict between such additional terms, rules, guidelines and disclaimers and these terms then in such event these terms shall prevail.

15) Disclaimer

You agree that your use of the Company’s Website any any services provided by the Company shall be at your own risk.

To the maximum extent permitted by applicable law, the Company, employees and agents, disclaim any and all guarantees, warranties and representations, express or implied, including implied guarantees or warranties of title, of merchantability or of quality, fitness for any particular purpose or non-infringement, accuracy, usefulness, or timeliness. Such disclaimer shall apply in relation to Your use of any website or services provided by the Company or those provided by a third party website or services which is accessed through a website or services provided by the Company.

To the maximum extent permitted by applicable law, the Company assumes no liability for any unauthorised access or use of our secure servers or any and all personal or financial information stored therein.

To the maximum extent permitted by applicable law, the Company assumes no liability for any errors, mistakes, nor inaccuracies of content resulting from Your use of any website or services provided by the Company or those provided by a third party website or services which is accessed through a website or services provided by the Company.

To the maximum extent permitted by applicable law, the Company assumes no liability for any loss or damage of any kind incurred as a result of the use of any content made available by any website or services provided by the Company or those provided by a third party website or services which is accessed through a website or services provided by the Company including tax liability which may be imposed upon You by any tax authority.

To the maximum extent permitted by applicable law, the Company assumes no liability for personal injury or death or damage to property, of any nature whatsoever, resulting from Your use of any website or services provided by the Company or those provided by a third party website or services which is accessed through a website or services provided by the Company.

To the maximum extent permitted by applicable law, the Company assumes no liability for interruption or cessation of its website or of any of its services or of transmissions to or from any website or services provided by the Company or those provided by a third party website or services which is accessed through a website or services provided by the Company.

To the maximum extent permitted by applicable law, the Company assumes no liability for viruses or the like which may be transmitted by or through any website or services provided by the Company or those provided by a third party website or services which is accessed through a website or services provided by the Company.

16) Intellectual Property and Passing Off

Nothing in this agreement shall grant You any ownership of the copyright, trademarks, service marks, logos, trade secrets, patents or other intellectual property of any kind whatsoever owned by the Company, nor shall anything in this agreement grant You any other right whatsoever to the copyright, trademarks, service marks, logos, trade secrets, patents or other intellectual property of any kind whatsoever owned by the Company.

You are notified and cautioned that in the event of infringement the Company will enforce the Company’s intellectual property rights to the fullest extent permitted under law.

17) Changes to Terms of Use

We reserve the right to make changes to these Terms from time to time in our sole discretion.

18) Severability

If any provision of this agreement is found by a court of competent jurisdiction to be invalid, You and the Company nevertheless agree that the terms of this agreement shall be deemed severable, and the other terms of these agreement remain in full force and effect.

19) Successor in Title of the Company

These terms are binding upon and shall inure to the benefit of successors, administrators, heirs, personal representatives and permitted assigns of the company.

END

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