Terms of Service

Effective October 31, 2016

Awardingly is a first-of-its-kind platform for the creation, hosting, distribution and authentication of valuable digital awards. Digital medals, trophies, badges, plaques and other forms of social merchandise are redefining the way users display experiences, claim affiliations and express themselves online. When connected to meaningful commitments, achievements and distinctions, these objects are particularly powerful: they empower users – without brag or boast – to establish credibility and demonstrate pride and passion. Awardingly powers the creation and distribution of digital awards that, through limited issuance, focused messaging, trusted branding and community effects, users immediately understand to have value and feel compelled to display, share and cherish.


Acceptance of Terms

VEIKKER SDN BHD, a Malaysian corporation (“Awardingly”, “we” or “us”) owns and operates www.awardingly.com (the “Site”) and allows you to access the Site under the following terms and conditions (the “Terms”). By using and/or visiting the Site, Awardingly’s services, claiming, sharing or verifying awards or using any other applications, features or functionality available on or through the Site (collectively, the “Service”), you agree to (i) these Terms, (ii) Awardingly’s Privacy Policy, and (iii) Awardingly’s Copyright Policy. If you do not agree to any of these, do not use the Service or access the Site. Awardingly’s acceptance is expressly conditioned on your agreement to all the Terms, to the exclusion of all other terms; if these Terms are considered an offer by Awardingly, acceptance is expressly limited to these terms.


Ability to Accept Terms

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to assent into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as neither the Site nor Service is intended for children under 13. If you are under 13 years of age, then please do not use the Site or Service.


Use of the Service

You are responsible for all your activity about the Service. If you want to make further commercial use of the Service or want to become an issuer of Digital Awards, you must enter a separate agreement with us, please contact us at contact@awardingly.com

User Accounts

To get the most benefit from the Service, you may be required to register with Awardingly, either directly or through your account with other sites, services and applications, which may include services such as Facebook Connect, LinkedIn Login, Google, Twitter, or similar third party services (“Third Party Services”). You must provide accurate and complete information and keep your account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your account, and for keeping your account password secure. You may never use another person’s user account or registration information for Awardingly, or any Third-Party Services you access through Awardingly, without permission. You must notify us immediately of any breach of security or unauthorized use of your account. You should never publish, distribute or post login information for your account. By registering with Awardingly through a Third-Party Service, such as Facebook Connect, you agree to be bound by all applicable policies of such Third-Party Service and will act in accordance with them.


Claiming and Sharing Awards

If you receive an invitation to claim a Digital Award, you will be required to visit the Site and enter applicable verification information. If we determine that the information that you provide entitles you to the Award, we will issue to you a unique Award signifying that you have claimed that Award from the issuer. We will also notify the issuer that the Award has been issued to you.
After you claim an Award, what use you make of the Award is largely up to you. You may reproduce, distribute, use, display and otherwise transmit the Award in any electronic media that is compatible with the Digital Award. For example, if you elect to link your Awardingly account to Third Party Services or otherwise share your claimed awards with others, you acknowledge that content about you and Awards that you claim may be posted to such Third-Party Services and will be subject to their terms of use and policies. You may also include Awards on your own or third party websites, indicating to the community your achievements. You understand and agree that we may verify that the Award was issued to you to any individual making the inquiry. It is completely your choice as to how and with whom you share Awards. However, anyone with whom you have shared an Award can verify the issuance of the award to you through the Service.
Issuers have the right to attach conditions to the issuance and maintenance of Awards, which will be specified in the invitation that you receive to claim an Award.
Digital awards are generally non-transferable unless expressly permitted by an issuer.


Entitlement to Digital Awards

You understand and agree that the issuance and maintenance of Awards is at the sole discretion of the Award issuer and Awardingly. You have no property or other protectable interest in or to the Award. Awardingly and/or the issuer shall have the right to revoke, delete, edit, modify any Award that is issued, with or without cause, and with or without notice to you.


Payment and Refund Policy

Some Digital Awards found on the Service may be available only through purchase. As with all Awards, we may limit or cancel quantities of Awards purchased, and we reserve the right to refuse any order. If we need to make a change to an order, we will attempt to notify you by contacting you via e-mail. The prices displayed on the Site are quoted in U.S. currency. Please note that prices are subject to change at any time and that we may be required by law to apply sales tax on certain orders. Since Digital Awards are unique and often special or limited edition items, we do not accept any refunds for any purchases of Digital Awards.
With respect to billing, we use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for the purchase of any Digital Awards. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. By choosing to purchase a Digital Award, you agree and authorize us to charge you through the Payment Processor in accordance with the applicable payment terms. You authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.


Third Party Services

The Service may permit you to link to other Third Party Services, and other Third Party Services may contain links to the Site. For example, you may post a Digital Award to a Third-Party Service, which would contain a link back to Awardingly. When you access Third Party Services, you do so at your own risk. These other Third Party Services are not under Awardingly’s control, and you acknowledge that Awardingly is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third-Party Services. The inclusion of any such link does not imply endorsement by Awardingly or any association with its operators. You further acknowledge and agree that Awardingly shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Third-Party Services. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each other website that you visit.


User Submissions

“User Content” means comments, suggestions, recommendations, reviews, and any other material posted by users of the Site. You understand that when using the Site, you will be exposed to User Content from a variety of sources, and that Awardingly is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. The Site and the Service are intended for entertainment, information and communication purposes only and the posting of User Content by users of the Site and the Service shall not be construed as an endorsement by Awardingly of the User Content itself, nor of the user who submitted that User Content, or of any particular points of views expressed or implied by that User Content. Awardingly cannot guarantee the authenticity of any data which users may provide about themselves. You further understand and acknowledge that you may be exposed to User Content that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and, by accessing the Site, you automatically waive, any legal or equitable rights or remedies you have or may have against Awardingly with respect to such User Content, and agree to indemnify and hold Awardingly, its owner, operators, affiliates, and licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material posted by you on the Site or otherwise through the Service. When you post User Content to the Site or Service, it may be made automatically and immediately accessible to other users that you have agreed to be your “friends”, “followers” or otherwise as part of your network within the Awardingly community. Furthermore, if you elect to link your Awardingly account to Third Party Services, your User Content may be posted to such Third-Party Services and will be subject to their terms of use and policies. Awardingly reserves the right, but does not have the obligation, to (i) review, (ii) re-phrase or otherwise edit, (iii) remove or delete and (iv) republish User Content to the Awardingly community at large. Because of such dissemination, your User Content should not include any information that could identify you or others personally unless you intend to have such information generally available on the internet.
When you submit User Content to the Site or otherwise through the Service, we may make use of your submission, including showing your submission to other users or business partners of Awardingly who might benefit from your submission, and attributing such submission to you by associating it with your username, profile picture, or any other descriptive profile information you have provided. More information can be found in the Awardingly Privacy Policy. As such, we need broad rights in the User Content you submit to the Site. The following paragraph describes these rights.
By submitting content to the Site or otherwise through the Service, you grant Awardingly and its subsidiaries and affiliates a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub licensable and transferable license to use, edit, modify, reproduce, publish, distribute, prepare derivative works of, display, communicate to the public, perform, and otherwise fully utilize the User Content (in whole or in part) in connection with the Site and the Service. You also grant each user of the Site and/or the Service a non-exclusive license to access your User Content through the Site and the Service, and to access, use, edit, modify, reproduce, distribute, prepare derivative works of, display, store and perform such User Content. Subject to the foregoing, the owner of such User Content placed on the Site retains any and all rights that may exist in such User Content.
You warrant, and can demonstrate to Awardingly’s full satisfaction upon request, that: (i) you own or otherwise control all rights to all content in your User Content, or that the content in such User Content is in the public domain; (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Content to use such content as contemplated by these Terms and to grant the license rights set forth above; (iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by these Terms; (iv) you are authorized to grant all of the aforementioned rights to the User Content to Awardingly and all users of the Service; (v) the use or other utilizations of such User Content by Awardingly and use or other utilization by users of the Site and the Service as contemplated by these Terms will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and (vi) you shall abide by all applicable local, state, national and international laws and regulations.
You agree that Awardingly shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Awardingly will not be liable for any errors or omissions in any content; and that Awardingly cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.


Use Restrictions

In connection with your use of the Site and Service, you may not:

  • violate any conditions that an issuer places on the use or maintenance of a Digital Award;
  • reverse engineer, decompile, decode or otherwise hack any digital awards or the technology that Awardingly uses to create or verify Digital Awards;
  • impersonate any person or entity, including, but not limited to an Awardingly employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • interfere with or, disrupt the Service or violate the security of the Service or servers or networks connected to Awardingly;
  • violate the security of other websites by any method;
  • take any action that imposes or may impose (as determined by Awardingly in its sole discretion) an unreasonable or disproportionately large load on Awardingly’s (or its third-party providers’) infrastructure;
  • interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
  • bypass any measures Awardingly may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site);
  • use manual or automated software, devices, or other processes to “scrape”, “crawl” or “spider” any page of the Site;
  • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site or Service, except to the limited extent applicable laws specifically prohibit such restriction;
  • copy, rent, lease, distribute, download, reproduce, transmit, broadcast, display, sell, license, exploit or otherwise transfer any content of the Site or Service in any manner not intended by the normal functionality of the Site or otherwise as prohibited under this Agreement; or
  • collect or harvest any personally identifiable information, including account usernames, photos, or profile descriptions, from the Site.


Termination

You acknowledge that we shall have the right to terminate your access to the Site (including all Digital Awards issued to you) for violations of any of these Terms. We may terminate your access to the Site at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account, including without limitation, all Digital Awards. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnifications and limitations of liability.


Our Intellectual Property

The Service, the Site and all Site materials including, without limitation, the Awardingly logos, Digital Awards designs, trademarks, designs, text, graphics, images, audio and video clips, software, interactive features and other works of authorship and other material, and the selection and arrangement thereof (the “Content”) are copyrighted by Awardingly and its Digital Awards issuers and other content providers and are protected by United States and international intellectual property laws. Except as stated herein, none of the Content may be copied, reproduced, or distributed in any form without the prior written permission of Awardingly.
Awardingly makes no claims that the Content may be lawfully viewed or downloaded. Access to the Content may not be legal by certain persons or in certain countries. If you access the Service from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.


Digital Millennium Copyright Act

Awardingly does not permit copyright infringing activities and infringement of intellectual property rights on its Site or otherwise through its Service, and Awardingly will remove Content if properly notified that such Content infringes another’s intellectual property rights. Awardingly reserves the right to remove any content without prior notice. If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes your copyrights, see the Awardingly Copyright Policy.


Warranty Disclaimer

Awardingly has no special relationship with or fiduciary duty to you. You acknowledge that Awardingly has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content users access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Awaradingly from all liability for your having acquired or not acquired Content through the Site. Awardingly makes no representations concerning any Content contained in or accessed through the Site, and Awardingly will not be responsible or liable for the accuracy, copyright compliance, legality or decency of Content contained in or accessed through the Site or the Service.
TO THE FULLEST EXTENT PERMITTED BY LAW, AWARDINGLY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE, THE SITE, CONTENT AND YOUR USE THEREOF. AWARDINGLY MAKES NO, AND HEREBY DISCLAIMS ALL, WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. AWARDINGLY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR SERVICE BY ANY THIRD PARTY; AND/OR (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 SITE OR SERVICE. AWARDINGLY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND AWARDINGLY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Electronic Communications Privacy Act Notice (18 USC 2701-2711): AWARDINGLY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Awardingly will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Awardingly’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.


Limitation of Liability

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. IN NO EVENT SHALL AWARDINGLY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY: (I) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (II) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE; (IV) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY; OR (VI) ANY DAMAGES CUMULATIVELY IN EXCESS OF $100; WHETHER OR NOT AWARDINGLY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT AWARDINGLY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.


Indemnification

You agree to defend, indemnify and hold harmless Awardingly, its officers, directors, employees, agents, affiliates, parents and subsidiaries from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, Service, Digital Awards or Content; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including, without limitation, any copyright, property, or privacy right; or (iv) any claim that you caused damage to a third party through use of the Site or Service. This defence and indemnification obligation will survive these Terms and your use of the Site and Service. Awardingly reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Awardingly in asserting any available defences.


Changes in Terms

We may revise these Terms, or change, suspend or discontinue the Service (including, without limitation, the availability of any feature or content) at any time by posting an update to the Site, by sending you an e-mail or by other means that we deem appropriate. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. It is your responsibility to check the Terms periodically. Your continued use of the Service following any changes to the Terms will mean you accept those changes. If you do not agree to any of the updated Terms, please do not use the Site.


Contact

You may contact Awardingly at the following e-mail address: contact@awardingly.com


AWARDINGLY COPYRIGHT POLICY

Awardingly, Inc. (“Awardingly”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Awardingly’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy. It is Awardingly’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.

A. Procedure for Reporting Copyright Infringements:

If you believe that material or content residing on or accessible through the Awardingly website or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of works or materials being infringed;
  3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Awardingly is capable of finding and verifying its existence;
  4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
  5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
    Once Proper Bona Fide Infringement Notification is Received by the Designated Agent: It is Awardingly’s policy:

  7. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent: It is Awardingly’s policy:
  8. to remove or disable access to the infringing material;
  9. to notify the content provider, member or user that it has removed or disabled access to the material; and
  10. that repeat offenders will have the infringing material removed from the system and that Awardingly will terminate such content provider’s, member’s or user’s access to the service.


  11. Please contact Awardingly’s Designated Agent to Receive Notification of Claimed Infringement at privacy@awardingly.com or +603 337 28000


Effective Date: October 31, 2016