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Acknowledgment & Acceptance
By enrolling and/or using the Creative-Rewards® Program
("Creative-Rewards"), you agree that you have read and
understand this Agreement ("Agreement") and that your membership
in Creative-Rewards shall conform to its terms and conditions.
The Creative-Rewards Program is owned and operated by Creative-Rewards.Com,
Inc. ("Creative-Rewards.Com").
Creative-Rewards Program ("Program") members ("Members") may
earn Points for taking surveys; taking advantage of
Point-earning opportunities on the Program and other third party
Web sites; responding to offers from participating advertisers
and partners via email, postal mail or telephone; and complying
with the terms of other offers or programs from Creative-Rewards.Com
or other participating companies.
Creative-Rewards.Com reserves the right to send Members messages
from time to time for which they may not be rewarded. Such
messages may include Creative-Rewards system updates; flash
bulletins; order confirmations; administrative announcements;
special requests and other similar messages ("Administrative
Messages") and may be sent via email or regular mail. Members
can elect to stop receiving email through the BonusMail program,
but cannot unsubscribe from these Administrative Messages while
enrolled in the Program.
Creative-Rewards.Com is under no obligation to provide Members
with any particular number of Point-earning opportunities or
send messages to them.
Creative-Rewards.Com reserves the right to limit
Creative-Rewards enrollment at any time.
Creative-Rewards.Com Privacy Policy
Creative-Rewards.Com promises to maintain the privacy of
members' personal information. The full extent of our commitment
can be found by visiting our Privacy
Policy.
Terms of Participation
Only individuals 18 years or older and residing in the U.S. and
Canada may enroll in the Creative-Rewards Program and become
Members. Creative-Rewards reserves the right to prevent access
to the Program and the Creative-Rewards website from IP
addresses outside of the U.S. and Canada.
Corporations or other business entities are not eligible to
become Members.
Creative-Rewards membership and its right to use is limited to
one individual per Creative-Rewards account.
Creative-Rewards.Com allows only one email address per Member.
Member agrees to provide only true and accurate information to
Creative-Rewards (including to its advertisers and partners) at
all times.
Member agrees to comply with the terms of all Creative-Rewards
and Creative-Rewards advertiser and partner offers, promotions,
and programs at all times.
Member agrees not to abuse Creative-Rewards privileges by
conduct which is detrimental to the interests of Creative-Rewards.Com,
including without limitation attempting to accrue Points or
spend Points in a manner inconsistent with the rules of
Creative-Rewards or intent of this Agreement, having multiple
accounts, attempting to earn Points through other than
legitimate channels, participating in purchasing or redemption
fraud, or tampering with Creative-Rewards award links, etc.
Creative-Rewards.Com reserves the right to terminate or disable,
at Creative-Rewards.Com's sole discretion, any Creative-Rewards
membership if Creative-Rewards.Com believes such Member has
violated or acted inconsistently with the rules of
Creative-Rewards or intent of this Agreement. Member understands
and agrees disabling of membership will result in Member's
inability to redeem and/or earn Points. Member understands and
agrees termination of membership will result in the cancellation
of all of Member's Points.
Creative-Rewards.Com shall be the sole determiner in cases of
suspected abuse, fraud, or violation of its rules and any
decision it makes relating to termination of membership
(including cancellation of Points) shall be final and binding.
Creative-Rewards reserves the right to adjust your Point balance
with award reversals for items returned or transactions not
completed or cancelled. A pattern of placing orders followed by
cancellations is construed as purchasing fraud and could result
in the termination of your Creative-Rewards account.
Points may be spent only on rewards as offered through
Creative-Rewards at the time of redemption.
Points have no cash value.
Creative-Rewards.Com is not responsible for lost or stolen
rewards once issued.
Rewards are subject to change at any time without notice.
The number of Points required to redeem for a reward are subject
to change at any time without notice.
Member inquiries regarding rewards ordered and not received must
be received by Creative-Rewards.Com within 6 months after the
initial redemption date. Thereafter, Creative-Rewards.Com will
have no obligation to re-send rewards to the Member.
Points will be subtracted from Member's account once the
redemption order is placed by the member and captured by the
Creative-Rewards system.
Once used to claim a reward, Points will not be reinstated to
Member's account.
In conjunction with spending Points for rewards, Member agrees
to confirm that all information in Member's personal profile is
up to date and accurate.
Member agrees to promptly notify Creative-Rewards.Com of any
change in Member's address (mail or email) or personal profile
by updating his or her personal information in the
Personal Profile section of the
Website under My Account. Member's
discontinued participation in Creative-Rewards or failure to
notify Creative-Rewards.Com of any address (mail or email) or
profile changes may result in the termination of Member's
membership and forfeiture of Member's unredeemed Points.
Creative-Rewards.Com reserves the right to cancel or disable
accounts and expire unredeemed Points in those accounts that are
inactive for a period of 12 consecutive months. Inactive shall
be defined as lack of one of the following: website visit, email
response (clickthru), survey completion, profile update or any
Point-earning or spending transaction
Creative-Rewards.Com reserves the right to limit the
opportunities to earn Points available to Member while Member
remains inactive.
Member shall comply with all laws, rules, and regulations that
are applicable to Member. Member acknowledges that Member may
only participate in Creative-Rewards if and to the extent that
such participation is permitted by such laws, rules, and
regulations. Creative-Rewards.Com refuses to enroll Member, or
to restrict, modify, or terminate Member's participation in
Creative-Rewards, without liability to Member or any other
party, if Member violates any law, rule, or regulation, or if
Member's participation in Creative-Rewards could violate any
law, rule, or regulation.
Disclaimer of Warranties
Member expressly agrees that use of Creative-Rewards is at
Member's sole risk.
Creative-Rewards and all services offered therein are provided
on a strictly "as is" and "as available" basis. Creative-Rewards.Com
MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR
REWARDS OBTAINED BY MEMBERS THROUGH Creative-Rewards OR THROUGH
Creative-Rewards ADVERTISERS OR PARTNERS; THAT Creative-Rewards
WILL MEET MEMBERS' REQUIREMENTS; OR THAT Creative-Rewards WILL
BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES Creative-Rewards.Com
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF Creative-Rewards OR AS TO THE ACCURACY OR RELIABILITY
OF ANY INFORMATION OBTAINED THROUGH Creative-Rewards.
Creative-Rewards.Com expressly disclaims any and all express and
implied warranties, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose,
and non-infringement. Creative-Rewards.Com shall not be liable
or responsible for those guarantees, warranties, and
representations, if any, offered by Creative-Rewards
advertisers, partners, manufacturers of merchandise, or
suppliers of services. No advice or information, whether oral or
written, obtained by Member from Creative-Rewards.Com or through
Creative-Rewards shall create any warranty not expressly made
herein.
Limitation of Liability
Creative-Rewards.Com SHALL NOT BE LIABLE FOR ANY DAMAGES,
WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL,
RELATING TO THE PARTICIPATION OR INABILITY TO PARTICIPATE IN
Creative-Rewards. SOME STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES;
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Creative-Rewards.Com is not responsible for damages or losses
that result from participating or inability to participate in
Creative-Rewards, or reliance on or use of information,
services, or merchandise provided on or through
Creative-Rewards.
Member acknowledges and agrees that Creative-Rewards.Com neither
endorses the contents of advertisements or third parties' Web
sites, nor assumes responsibility or liability for the accuracy
of material contained therein, or any infringement of third
party intellectual property rights arising therefrom, or any
fraud or other crime facilitated thereby.
Creative-Rewards.Com is not responsible and assumes no liability
for changes or discontinuances of service from providers which
may affect offers or the accrual of Points.
In no event shall Creative-Rewards.Com's liability, either
jointly or severally, exceed $100.
Participation in Promotions of
Advertisers and Merchants
Member's correspondence with or participation in promotions of
Creative-Rewards advertisers and partners are solely between
corresponding Member and the advertiser or partner. Creative-Rewards.Com
assumes no liability, obligation, or responsibility for any part
of any such correspondence or promotion, including without
limitation withdrawal or modification of any offer or promotion.
Member understands that, in some cases, there may be delay in
the crediting of Points for promotions of advertisers or
partners due to advertisers' or partners' failure to provide
necessary information to Creative-Rewards.Com for such crediting
of Points. Creative-Rewards.Com will not be responsible or
liable for the delay or failure to credit Points in such event.
Third Party Services
To enhance the value of the Creative-Rewards service to its
Members, Creative-Rewards.Com may on occasion share selected
personal information with third parties for the limited purposes
of data verification and supplementation.
Such third parties shall be STRICTLY bound by the terms set
forth in the Creative-Rewards Privacy Policy.
Such third parties will agree to maintain the confidentiality
and protection of your personal information, at all times during
and after providing services.
Termination
AT ANY TIME EITHER MEMBER OR Creative-Rewards.Com MAY TERMINATE
MEMBER'S MEMBERSHIP WITH OR WITHOUT CAUSE. MEMBER'S RIGHT TO USE
MEMBER'S MEMBERSHIP IMMEDIATELY CEASES UPON TERMINATION AND
MEMBER'S UNREDEEMED POINTS SHALL BE CANCELLED.
Termination of Member's membership by Member is effective upon
Member submitting a termination request through the
Creative-Rewards Web site located within the Close Account page
found in the My Preferences area on the Creative-Rewards Web
site. Member understands that, in some cases, Member may still
receive messages (which may have been scheduled prior to
Member's termination) after termination. Member may not earn
Points after termination.
Should Member object to any of the terms and conditions of this
Agreement, or any subsequent modifications thereto, or become
dissatisfied with Creative-Rewards, Member's only recourse is to
immediately discontinue participation in Creative-Rewards and
properly terminate his or her membership. (See paragraph above.)
Creative-Rewards.Com reserves the right to terminate the
membership of any Member who appears to be using
Creative-Rewards in a manner inconsistent with this Agreement,
the intent of this Agreement, or any Creative-Rewards rules.
Non-Transferability
Member's right to use Creative-Rewards is non-transferable.
Member's membership will terminate immediately in the event of
Member's death.
Creative-Rewards accounts and Points are not transferable upon
death or as part of a domestic relations matter or otherwise by
operation of law.
Proprietary Rights to Content and other
Intellectual Property
Member acknowledges that Creative-Rewards content (including but
not limited to text, sound, photographs, graphics, or other
material contained in any Creative-Rewards communication,
advertisements, or messages, whether by Creative-Rewards.Com or
Creative-Rewards.Com's advertisers or partners), service and
software are protected by copyrights, trademarks, service marks,
patents, and/or other proprietary rights and laws; therefore,
Member is only permitted to use content, service, or software as
expressly authorized by Creative-Rewards.Com, its advertisers
and partners, as the case may be.
Member agrees not to forward any Creative-Rewards offers or
promotions to others without first obtaining the express written
permission of Creative-Rewards.Com; Creative-Rewards offers are
specific to Member's membership unless otherwise stated.
Modifications
Creative-Rewards.Com reserves the right to change this
Agreement, and/or any part thereof, at any time. Member
understands the most recent version of this Agreement will be
located on the Creative-Rewards Web site in the Member Services
area under Terms of Service.
Member's non-termination or continued use of Creative-Rewards
constitutes an affirmative acknowledgment by Member of any
modification to the Member Terms of Service Agreement and
consent to abide and be bound by any terms thereof. At any time,
if Member does not agree with the Member Terms of Service,
Member may terminate Member's membership.
Creative-Rewards.Com reserves the right to modify or discontinue
the Creative-Rewards service with or without notice to Member.
Creative-Rewards.Com shall not be liable to Member or any third
party should Creative-Rewards.Com exercise its right to modify
or discontinue the Creative-Rewards service.
Member's continued participation in the Program shall constitute
an affirmative acknowledgment by Member of any amendment or
modification to the TOS and Member's consent to abide and be
bound by said TOS as amended or modified.
Notices
All notices given by Creative-Rewards.Com to Member will be
given by email, regular mail or by general posting on the
Creative-Rewards Web site.
Indemnification
Member agrees to indemnify and hold Creative-Rewards.Com, its
affiliates, officers, and employees harmless from any claim,
demand, expense, or damage, including reasonable attorneys' fees
relating to use of Creative-Rewards or violation of this
Agreement.
Laws
Any dispute or claim arising out of or in relation to this
Agreement, or the interpretation, making, performance, breach,
or termination thereof, shall be finally settled by binding
arbitration in Harrisburg, Pennsylvania, under the Commercial
Arbitration Rules of the American Arbitration Association by
three arbitrators appointed in accordance with said Rules.
Judgment on the award rendered by the arbitrators may be entered
in any court having jurisdiction thereof.
This contract shall be governed by the law of the State of
California, excluding its conflict of law principles. The
arbitration proceedings shall be governed by federal arbitration
law and by the Rules, without reference to state arbitration
law.
Member and Creative-Rewards.Com agree that, any provision of
applicable law notwithstanding, neither party will request, and
the arbitrators shall have no authority to award, punitive or
exemplary damages against the other party.
This Agreement constitutes the complete and exclusive
understanding between Creative-Rewards.Com and Member relating
to the subject matter hereof and supersedes all prior or
contemporaneous understandings, agreements, communications,
and/or advertising with respect to such subject matter.
If any provision(s) of this Agreement is held by the arbitrators
to be contrary to law, then such provision(s) shall be
construed, as nearly as possible, to reflect the intentions of
the parties with the other provisions remaining in full force
and effect.
Creative-Rewards.Com's failure to exercise or enforce any right
or provision of this Agreement shall not constitute a waiver of
such right or provision unless acknowledged and agreed to by
Creative-Rewards.Com in writing.
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