Swagbucks' SwagButton End User License Agreement
Last revised: Mar 11, 2015
1. Grant of Limited Use License
If you install and/or use the SwagButton (regardless of version) you agree to this EULA. On condition that you comply fully with this EULA (as amended from time to time), Swagbucks grants, and you accept, a personal, limited, non-exclusive, non-transferable, non-sublicensable license to install and use the SwagButton consistent with the uses of the SwagButton that are permitted and not restricted (as provided herein). This EULA does not entitle you to receive any support or assistance features not already provided to you through the Swagbucks.com Help Center.
2. Permitted Uses
The following are permitted uses of the SwagButton:
b. Search the Internet: The Software allows you to access the Swagbucks search engine. In addition to customary search engine functionality, users of the Swagbucks search engine have the value added opportunity to randomly earn SB for searching the Internet. The Software also gives you the ability to change your web browser's default search engine should you decide to do so. The Software may change the homepage on your browser to www.Swagbucks.com (with your consent). The Software may also inform you of reward earning opportunities (e.g. earning SB) within your search results (e.g. if you search "Target Stores" you may see an offer to earn SB with each qualifying purchase at Target®).
c. In-Browser Notifications: Installing the Software gives us the ability to provide you with various in-browser notifications. The most common such opportunities are notices regarding available Swag Codes and Swag Buck earning opportunities in relation to third-party goods and services providers.
d. Swag Code Redemption: Users of the Software are able to enter the then-active Swag Code.
f. Watch: You can explore video content within the Software (with an opportunity to earn Swagbucks therefrom).
g. Play: You can access quick links from the Software to participate in online games (with an opportunity to earn Swagbucks therefrom).
h. Answer: You can access quick links from the Software to participate in online surveys and other market research opportunities (with an opportunity to earn SB therefrom).
3. Enhanced Experience
When visiting certain sites, the SwagButton may add to the page you are visiting certain html code display relevant Swag Buck earning opportunities.
Once installed, the SwagButton communicates with our servers. We may update the SwagButton on your device when a new version is released or when new features are added. These updates occur automatically. We also reserve the right to modify features or functions to the SwagButton. We are however under no obligation to make or provide to you subsequent versions or new features of the SwagButton.
You may not (i) use the SwagButton in any manner that could damage, disable, overburden, impair or abuse the services provided by the SwagButton and the Swagbucks.com site generally. You may not use the SwagButton in an automated manner (including by way of acting in concert with one or more other users of the SwagButton to result in the same outcome as an automated approach) or in any way to transmit, directly or indirectly, any unsolicited bulk communications, (ii) decompile, reverse engineer, disassemble, modify, adapt, translate, rent, lease, loan, distribute or create derivative works or improvements from the SwagButton or any portion thereof, or use the SwagButton in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, including without limitation engaging in any click fraud or other similar conduct to fraudulently or improperly earn SB via the SwagButton or Swagbucks web properties which are further described in the TOU. You agree to abide by United States copyright law and all other applicable laws of the United States and other nations and by any applicable international treaties in connection with your use of the Software.
The SwagButton is intended to benefit your bona-fide Swagbucks.com activities such as, search, Swag Code redemptions, video streaming, surveys and shopping activities that you conduct throughout the Internet. All such activities are subject to the Swagbucks.com TOU, including, without limitation the terms covering instances wherein such TOU is violated and may lead to revocation of your right to use our services, cancelation and reversal of Swag Buck earnings and our pursuit of any legal remedy against you available to us. You acknowledge that the foregoing restrictions and penalties are reasonable and that they form an essential part of the bargain between you and us.
All rights in and to the Software, including, but not limited to, all rights in and to intellectual property and trade secret rights, belong to us and we holds title to each copy of the Software. You agree not to remove or alter the SwagButton in any way nor shall you create any derivative works thereof. All modifications or enhancements to the Software remain our sole property.
7. Third Party Applications
The SwagButton may be offered to you bundled with another third party software application. Any such third party application is owned or licensed by a third party and this EULA does not apply to your use of such other third party application, regardless of whether the SwagButton and such application came bundled together.
This EULA is effective until terminated. You may terminate this EULA by deleting and/or destroying all copies of Software in your possession. Swagbucks may, upon notice to you, terminate this EULA, in its sole discretion, if you breach any of the terms and conditions or if we believe that you have violated or acted inconsistently with the letter or spirit of this EULA. Upon termination of this EULA for any reason, you shall delete and/or destroy all copies of the Software. If we terminate this EULA, you will no longer have the right to use our Software in any way, and, unless we expressly permit otherwise, any Swag Buck rewards or other incentives that you may earn following such termination will be void, even if such rewards or incentives would otherwise have been validly earned but for our termination. All provisions of this EULA relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Swagbucks's proprietary rights shall survive any such termination. You agree that Swagbucks shall not be liable to you or any third party for any termination of your access to the Software or the services provided thereby.
9. Disclaimer of Warranty
YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD OR USE OF THE SOFTWARE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. WE MAKE NO WARRANTY THAT THE SOFTWARE IS ACCURATE AND ERROR-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE RELIABLE; OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
10. Limitation of Liability
IN NO EVENT WILL SWAGBUCKS OR ANY THIRD PARTY (WHICH DISTRIBUTES, PROMOTES OR PROVIDES COMPONENTS CONTAINED IN THE SOFTWARE) BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, OR RELIANCE ON THE SOFTWARE, EVEN IF SWAGBUCKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE FROM ANY CLAIM RELATING TO OR ARISING FROM YOUR USE OF THE SWAGBUTTON, OUR AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO $50.00. SOME JURISDICTIONS 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.
BY DOWNLOADING, INSTALLING, USING OR UNINSTALLING THE SOFTWARE, OR USING ANY SWAGBUCKS SERVICES, YOU HEREBY AGREE TO, AT YOUR OWN EXPENSE, INDEMNIFY, DEFEND AND HOLD HARMLESS SWAGBUCKS, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, ITS BUSINESS PARTNERS, THE THIRD PARTY TECHNOLOGY SUPPLIERS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, INJURIES, CAUSES OF ACTION, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE LEGAL FEES AND EXPENSES, OF WHATEVER KIND OR NATURE ARISING OUT OF, RELATING TO OR RESULTING FROM ANY CLAIM AGAINST SUCH INDEMNIFIED PARTIES OR ANY ONE OF THEM, ARISING FROM OR RELATING TO (I) ANY BREACH BY YOU OF THIS EULA; OR (II) YOUR DOWNLOAD, INSTALLATION, USE OR UNINSTALLATION OF THE SOFTWARE OR SUCH SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CLAIM OF PERSONAL INJURY (INCLUDING DEATH), INJURY TO REPUTATION, VIOLATION OF PRIVACY, OR DAMAGE TO TANGIBLE PROPERTY OR DATA (INCLUDING LOSS OF PROPERTY OR LOSS OF USE OF TANGIBLE PROPERTY OR DATA).
12. Data Collection and Privacy
13. Export Controls
The Software and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the United States has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws. You also agree that you will not use these products for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.
This EULA is governed by and interpreted under the laws of the State of California, without regard to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree that any claim, dispute, or controversy you may have against Swagbucks arising out of, relating to, or connected in any way with this EULA or the Software shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA. The arbitration shall be held in Los Angeles, CA and the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. ANY CLAIMS BROUGHT BY YOU MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. The parties agree that the arbitrator shall have the power to award damages, injunctive relief and reasonable attorneys' fees and expenses to Swagbucks if we are the prevailing party in such arbitration. Judgment upon the award rendered in any arbitration may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. If any provision of this EULA or portion thereof is found to be unenforceable, that provision of the EULA shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. You may not assign or otherwise transfer by operation of law or otherwise this EULA or any rights or obligations herein. Swagbucks may assign this EULA to any entity at its sole discretion and without notice to you. YOU AGREE TO THIS EULA ELECTRONICALLY. YOU AUTHORIZE SWAGBUCKS TO PROVIDE YOU ANY INFORMATION AND NOTICES REGARDING THE SOFTWARE ("NOTICES") IN ELECTRONIC FORM. WE MAY PROVIDE NOTICES TO YOU (1) VIA E-MAIL IF YOU HAVE PROVIDED US WITH A VALID EMAIL ADDRESS OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE. The delivery of any notice is effective when sent or posted by Swagbucks, regardless of whether you read the notice or actually receive the delivery. You can withdraw your consent to receive notices electronically by discontinuing your use of the Software.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS EULA AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS EULA IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND SWAGBUCKS, AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS EULA.