You agree to use the Free Digit Products Sites and Features and our Services only for purposes that are permitted by these 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 license to access and use the Free Digit Products Sites and Features and our Services solely as provided herein. You may download material displayed on the Free Digit Products Sites 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 Free Digit Products Sites and Features, including any text, images, audio, or 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 license set forth above shall be reserved and remain always with the Company. Your right to use the Free Digit Products Sites and Features and our Services is not transferable. You acquire no rights or licenses in or to the Free Digit Products Sites and Features and materials contained therein other than the limited right to access and utilize the Free Digit Products Sites and Features and our Services in accordance with these Terms. If you are accessing the Free Digit Products Sites and Features via any of our applications available via third parties 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 foregoing third parties are party to these Terms, and they are not sponsors of, nor in any way affiliated with, the Free Digit Products Sites and Features or any of our Services.
By using the Free Digit Products Sites and Features or our Services, you represent, warrant and covenant that you: (i) have the power and authority to enter into and be bound by these Terms; (ii) shall use the Free Digit Products Sites and Features and our Services only as permitted by these Terms and not for any unlawful or fraudulent purpose; and (iii) are thirteen (13) years of age or older. If you are under the age of thirteen (13), you are not allowed to use the Free Digit Products Sites and Features nor our Services. Some offerings on the Free Digit Products Sites and Features and some of our Services may also be subject to additional age restrictions.
A. Overview. The Company may offer one or more rewards programs (“Rewards Programs”) under which you may have the opportunity to receive points (in the Swagbucks.com program, such points are called “SB”, and in the MyPoints.com program, they are called “Points”) or other credits (collectively, “Rewards”) related to your participation in or interaction with various advertising, content, shopping opportunities, special offers, surveys, coupons, location-based deals, and other Rewards opportunities (collectively, “Offers”). Regardless of whether they are expressed as points or dollar amounts, Rewards have no cash, monetary, or other value and are only redeemable for gift cards or other prizes or redemption methods as may be offered by the Rewards Program from time to time (collectively, “Redemption Prizes”), subject to these Terms and the Rewards Program redemption requirements at the time of redemption.
B. Suspension or Termination of your Participation. The Company may limit, suspend, or terminate your ability to participate in a Rewards Program in its sole and absolute discretion, and may suspend or void any Rewards or potential Rewards you may have received or accumulated in a Rewards Program but not yet successfully redeemed if we determine in our sole and absolute discretion that you have not complied with these Terms. 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 unredeemed Rewards, at any time, without prior notice or compensation to you.
C. Receiving Rewards. You may receive Rewards in a Rewards Program by participating in various Offers, as described in the applicable Rewards Program. Subject to the other provisions of these Terms, the Company will deposit any Rewards for Offers that you choose to participate in and successfully complete into the account that you established when you joined the Rewards Program (the “Account”). Rewards are deemed successfully completed once you have fully and properly satisfied all of the requirements of the Offer in the manner specified in the Offer (including any time limitations or waiting periods for acceptance or completion of the Offer) and in compliance with these Terms, and the Company and/or its third-party Rewards Program partners are able to properly validate, track and record that you have done so. For avoidance of doubt, the Company shall not be responsible for, nor shall the Company be obligated to award Rewards to you for, any Offer that is not properly recorded, tracked, validated and/or deemed a successfully-completed Reward under the Company’s and/or its third-party Rewards Program affiliates’ policies, procedures and systems. In some instances, the Company’s third-party Rewards Program affiliates, rather than the Company, may make the final determination of whether an Offer has been successfully completed and thereby should result in a Reward. Please be sure to review all applicable terms of Offers and Rewards before deciding whether or not you would like to participate. We also reserve our right to: (1) change or limit the Offers or Rewards available or your ability to participate in certain Offers or the Rewards Program itself, (2) change or limit the eligibility for or allowable frequency of Offers, and (3) change or limit the number or type of Rewards you can receive for a given Offer or during a given time period. All such changes or limitations shall apply to all past, present, or future Rewards, unless otherwise expressly stated.
D. Redeeming Rewards. Subject to the other provisions of these Terms, you may redeem accumulated Rewards in your Account for Redemption Prizes pursuant to the applicable Rewards Program redemption requirements at the time of redemption. Supplies of Redemption Prizes may be limited. Redemption Prizes may be awarded or redeemed on a first-come, first-serve and while-supplies-last basis. If you attempt to redeem Rewards for a Redemption Prize and the Company determines that the Redemption Prize is unavailable, out of stock, or for whatever reason cannot be provided to you, the Company may, in its sole and absolute discretion, provide you with a Redemption Prize of equal or greater value. No re-crediting, reversal, or refund of Rewards will be issued for any reason after Rewards have been successfully redeemed; in other words, once you order and receive a Redemption Prize, you may not reverse or cancel the Redemption Prize transaction or return the Redemption Prize for a refund or re-crediting of Rewards to your Account. The only way to use Rewards is to redeem them for such Redemption Prizes as the Company may elect to offer from time to time for the applicable Rewards Program.
E. Verifying Identity and Eligibility. The Company also reserves the right to verify your identity to our complete satisfaction prior to crediting or allowing redemption of any Rewards, issuing or delivering any Redemption Prizes in any Rewards Program, or otherwise providing you with access to or any benefit associated with the Free Digit Products Sites and Features, our Services, or your Account. We may do so by requesting—either directly or indirectly via a third-party verification service—that you provide a photocopy of your passport, driver’s license, or state ID card, by requiring you to verify the mobile phone number associated with your Account, or by such other proof of identity or eligibility as we may require. Some of our Services or Redemption Prizes may have additional eligibility requirements and in that case the Company also reserves the right to determine or verify your eligibility using such methods as it deems appropriate. Failure or refusal to provide requested documentation or proof of identity or eligibility is grounds for denying access to or any benefit associated with the Free Digit Products Sites and Features, our Services, or your Account.
F. Delivery of Redemption Prizes. Redemption Prizes are generally digital and delivered electronically to the email address then associated with your Account or as otherwise provided in the applicable Rewards Program, but in some cases may be physical items mailed to the U.S. or Canadian postal address, as applicable, associated with your Account. Processing times may vary. Where we are unable to deliver a Redemption Prize or it goes unclaimed for whatever reason, you hereby direct and authorize us, where possible, to cancel or reverse the redemption for that Redemption Prize and restore the associated Rewards to your Account in the applicable Rewards Program, so that you can attempt to redeem such Rewards again in the future; provided, however, that we shall not be liable to you for any inability or failure to cancel or reverse the redemption and restore the associated Rewards to your Account.
G. Rewards Have No Monetary Value and Are Nontransferable. You agree and acknowledge that unredeemed Rewards in your Account have no cash, monetary, or other value, remain the sole property of the Company, and are only redeemable for such Redemption Prizes as the Company may elect to offer in the Rewards Program from time to time, subject to these Terms and the Rewards Program redemption requirements at the time of redemption,
H. Inactive Accounts. Any Account that has not been logged into and Rewards either received or redeemed for one (1) year or more may be deemed inactive and the Account closed. We may also modify our inactive Account rules and policies in our Rewards Programs from time to time, and if your Account becomes inactive pursuant to such then-current rules or policies, we may close your Account accordingly, without any compensation or further obligation to you regarding the closed Account. If you have any questions or concerns regarding these actions, or wish to request Account reactivation (subject to such terms, limitations and requirements as we may impose from time to time), please contact us as provided in Section 18 below.
I. Rewards Expiration. We may also adopt or modify our Rewards expiration rules and policies for any past, present, or future Rewards from time to time, and if your Rewards expire pursuant to such then-current rules or policies, we may remove such Rewards from your Account, without any compensation or further obligation to you regarding the expired Rewards. If you have any questions or concerns regarding these actions, or wish to request re-crediting of the expired points to your Account (subject to such terms, limitations and requirements as we may impose from time to time), please contact us as provided in Section 18 below.
J. Shopping Rewards. For shopping Rewards, we reserve the right to request and verify receipts of completed purchases prior to or in connection with the awarding of Rewards for shopping Offers in order to verify with the applicable merchant that such purchases are valid. If you return any products or cancel any services for which you received Rewards, we reserve the right to deduct any associated Rewards from your Account. If you received Rewards based upon photos or scans of purchase receipts or other materials (such as an itemized packing slip for online orders to verify that you have completed the purchase and received the items purchased), you must submit a legible photo or scan of the original valid receipt or other materials, which cannot have been altered in any way and must be from a purchase that you paid for personally. Failure or refusal to provide requested documentation or proof of purchase is grounds for denying any Rewards credit.
K. Referral Program Rewards. From time to time, we may offer special bonuses or incentives as referral Rewards for you to refer others who successfully join and participate in our Rewards Programs, using a personal referral code or URL, which shall be governed by the current Referral Program terms for the applicable Rewards Program. You agree to only provide us with email addresses or other personal information of persons for referral purposes with their knowledge and consent. You shall not be eligible to earn referral Rewards if you invite other users who share the same Device, if you create multiple accounts in an effort to earn referral Rewards for inviting yourself, or if you otherwise violate these Terms or the applicable Referral Program terms. If you cannot produce proof satisfactory to us that referrals have been made in accordance with these Terms and the Referral Program terms, we may terminate your Account, withhold or rescind any referral Rewards, reverse or correct Rewards balances in your Account, or take other remedial actions as we deem appropriate.
Any sweepstakes, contests, or promotions (collectively, “Promotions”) that may be offered via any of the Features or our Services may be governed by Additional Terms, including but not limited to official rules, 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 agree to comply with and abide by such Additional Terms and the decisions of the sponsor(s) thereof.
You acknowledge that the Free Digit Products Sites 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 constitute 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 Free Digit Products Sites 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 Free Digit Products Sites and Features are also protected as a collective work or compilation under U.S. 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 Free Digit Products Sites and Features for commercial or public purposes. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user any ownership interest in any Mark, copyright, 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, translations, digital conversions, and other materials included within the Free Digit Products Sites and Features and related to our Services, and all modifications and derivative works thereof, and all intellectual property rights related thereto.
If you believe that any content, user-posted materials, or any other material found on or through the Free Digit Products Sites and Features or our Services, including through a hyperlink, infringes your copyright, you should notify us. To be effective, the notification to us must be in writing and must comply with the following instructions.
Written notices must be sent either:
- electronically to dmca@FreeDigitProducts.com with subject line “DMCA Takedown Request.” Emails sent to dmca@FreeDigitProducts.com for purposes other than communication about copyright infringement may not be answered; or
- via certified mail (with a confirmed receipt requested) to: DMCA Notice; Attention: Copyright Agent.
Please do not use the dmca@FreeDigitProducts.com email address to submit any requests or communications related to any topic other than copyright notices, and any other requests or communications submitted to that email address will be disregarded. Each written notification must contain the following information to be deemed a valid notice:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive copyright interest;
- description of the copyrighted work that you claim has been infringed;
- description of where the material that you claim is infringing is located on the Free Digit Products Sites and Features that is reasonably sufficient to enable us to identify and locate the material (for example, a complete list of specific URLs);
- your physical mailing address, telephone number and email address;
- statement by you affirming that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information provided in your notice is accurate and, under penalty of perjury, that you are the owner of an exclusive right in the material or that you are authorized to act on behalf of the copyright owner.
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 or blocking repeat infringers in appropriate circumstances, in our sole discretion, subject to reasonable limitations.
You agree that you will not engage in any activity or conduct that interferes with or disrupts the Features or our Services (or the servers and networks which are connected to our Services) or use any service to manipulate your computer, mobile phone, or other Device to gain any advantage on any of our Rewards 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 Free Digit Products Sites and Features and our Services shall not be fraudulent, deceptive, or unlawful, as determined in our sole and absolute discretion. You shall also comply with all usage rules and guidelines found throughout the Free Digit Products Sites and Features or our Services. You agree to comply with the instructions set out in any robots.txt file present on the Free Digit Products Sites and Features and our Services. Without limiting the generality of the foregoing, you agree not to use the Features or our Services in any improper manner, including to:
- access (or attempt to access) any of our Services by any means other than through the interfaces that we provide;
- share a single Account with anyone else;
- create or use multiple Accounts (i.e., only one Account is permitted per person in each Rewards Program);
- 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, including via the use of any technology (such as VPNs, proxies, single-use mobile phone numbers, or fake identity
- abuse any of our Services in a manner that does not reflect normal or appropriate human usage, such as conducting excessive searches or otherwise performing Offers in our Rewards Programs in an artificial or inappropriate way for the sole or primary purpose of receiving Rewards, as we may determine in our sole and absolute discretion; 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 fraudulent, misleading, unlawful, or unauthorized activity or conduct, 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 contacting us as provided in Section 18 below.
If we determine in our sole and absolute discretion that you have violated these Terms, we may in our sole and absolute discretion issue you a warning regarding the violation prior to terminating or suspending any Account you have created (or which is associated with you) using our Services. However, you acknowledge and agree that we need not provide you with any warning or notice before we terminate or suspend your Account and your access to the Free Digit Products Sites and Features and our Services, which we may do at any time and for any reason, at our sole and absolute discretion. If we terminate or suspend your Account, you agree not to attempt to join or re-join or create another Account in any of our Rewards Programs without our prior written authorization.
The Free Digit Products Sites and Features and our Services may include communication channels such as forums, communities, comments, 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 and absolute discretion and it 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, in 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 or conduct 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.
A. Disclaimer of Warranties. You agree that your use of the Free Digit Products Sites and Features and our Services shall be at your own risk. To the maximum extent permitted by applicable law, the Company disclaims any and all guarantees, warranties and representations, express or implied, in connection with the Free Digit Products Sites and Features, or our Services, and your use thereof, including implied guarantees or warranties of title, merchantability or acceptable quality, fitness for a particular purpose or non-infringement, accuracy, authority, completeness, usefulness, and timeliness. 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 Free Digit Products Sites 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 inaccuracies of content, (ii) personal injury (including death) or property damage, of any nature whatsoever, resulting from your access to and use of the Free Digit Products Sites and Features or our Services, or any third party products or services promoted therein, (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 Free Digit Products Sites 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 Free Digit Products Sites and Features or our Services, and/or (vii) tax liability imposed against you by any taxing authority. You acknowledge and agree that Free Digit Products is not affiliated with nor responsible for any third-party products or services that may be displayed, distributed, or otherwise promoted on the Free Digit Products Sites and Features or our Services. Free Digit Products neither represents nor endorses the quality, accuracy, reliability, integrity or legality of any third party’s products or services, nor the truth or accuracy of the description of any third party`s products or services, nor any third-party advertising material, including Offers, ads, links, content, advice, opinions, proposals, statements, data, or other information that is provided or controlled by third parties and displayed, distributed, or otherwise used on or in connection with the Free Digit Products Sites and Features or our Services. You further agree that the Company will not be liable for, nor be required to provide any compensation to you with respect to, the termination of any Rewards Program or any associated Accounts, including without limitation any unredeemed Rewards in your Account 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 past, present, or future Rewards, in the event there is any change in the potential value or redemption options for any Rewards, or any 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 amount of Rewards or balance of any Account. 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 and absolute discretion, terminate our legal agreement with you and deny you continued use of the Free Digit Products Sites 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; (iii) 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. B. Limitations of Liability. In no event shall the aggregate liability of the Company, or any Company Parties (as defined below), whether based on warranty, contract, tort (including negligence, whether active, passive or imputed), fraud, misrepresentation, or any other legal theory, arising out of or relating to the use of the Free Digit Products Sites and Features, our Services, or other materials or content on, accessed through or downloaded from our Services, exceed any consideration you pay, if any, to us for access to or use of the Free Digit Products Sites and Features or our Services. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party. To the maximum extent permitted by applicable law, in no event will the Company, or any Company Parties, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any lost income or lost data arising from your use of the Free Digit Products Sites and Features, our Services, or other materials or content on, accessed through or downloaded from our Services, whether based on warranty, contract, tort (including negligence, whether active, passive or imputed), fraud, misrepresentation, or any other legal theory, and whether or not the Company has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or the exclusion or limitation of liability for bodily injury, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. C. Indemnification of the Company. You agree to indemnify and hold the Company, and each of the Company Parties, harmless from and against any claim, cause of action, loss, liability, damages, costs and expenses, arising out of or in connection with (i) your use of and access to the Free Digit Products Sites and Features or our Services; (ii) your violation of any provision 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 Free Digit Products Sites and Features or our Services; and/or (v) any content you post or share on or through our Services.
If you choose to promote our services to the public, including your own personal social networks, you agree that you will comply with the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 CFR 255, as amended, available here) (the “Endorsement Guides”). For example, if you have been offered, paid or provided with free or discounted products, services or Rewards in exchange for discussing or promoting any of our Free Digit Products Sites and Features or our Services, including but not limited to Referral Program Rewards, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through our Services, you agree to comply with the Endorsement Guides’ requirements for disclosing such relationships. You, and not Free Digit Products, are solely responsible for any endorsements or testimonials you make regarding our Features or our Services or any other product or service.
Despite our efforts to allow anybody to adjust the website to their needs, there may still be pages or sections that are not fully accessible, are in the process of becoming accessible, or are lacking an adequate technological solution to make them accessible. Furthermore, we have no control over the accessibility of third-party websites to which our website may link or refer users. Still, we are continually making efforts to improve our own website’s accessibility, by adding, updating, and improving its options and features, and developing and adopting new technologies. If you wish to contact us on topics related to accessibility, please use the following email: accessibility@FreeDigitProducts.com