In order access apps or website, you need a compatible device. You also need access to the Internet through a mobile data plan or an Internet subscription. You are solely responsible for paying any service fees associated with any such access (including data charges). You must provide all equipment, software and access necessary to connect to our service. Our service is not available on all operating systems, devices, or locations. You should note that depending on your device, your device might not be able to access our service while you are using other features of your device.
In order to ensure the availability and quality of our service for all of our users, by accessing our service, you agree that your device and/or software does not disturb or interfere with our service, including our mobile apps, our tablet apps, or our website. If we suspect that any equipment or software is causing interference with our service, we reserve the right to immediately disconnect that equipment or software from our service, and we reserve the right to immediately suspend or terminate your further use of our service. If any upgrade to the service requires changes in your equipment or software, and you wish to continue using our service, it will be your responsibility to make these changes at your own expense. Any additional features that augment or enhance our service will be subject to these terms and conditions. You agree to comply with all applicable laws in your use of our service.
Avishkar is willing to license the Software to you only upon the condition that you accept all the terms contained in this Agreement. You indicate your acceptance of this Agreement by clicking on the "I Agree" button (if one appears), or simply by downloading, installing or using the Software. By doing any of these actions you have indicated that you understand this Agreement and accept all of its terms. If you are accepting the terms of this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the terms of this Agreement, and, in such event, "you" and "your" will refer to that company or other legal entity. If you are under the age of majority in your jurisdiction of residence or under the age of eighteen (whichever is higher), you are not allowed to use services by Avishkar as some content might not be appropriate for minors. If you do not accept all the terms of this Agreement, then Avishkar is unwilling to license the Software to you, and you may not use it, and you must immediately remove the Software from any computers or devices upon which you have downloaded or installed it.
- User Representations and Warranties. By using the Software, you represent, warrant and covenant that you: (i) shall use the Software only as set forth in these Terms of Service; (ii) have the power and authority to enter into and be bound by the Terms of Service; and (iii) are eighteen years of age or older. If you are under the age of eighteen, you are not allowed to use the Software. The V-Pointsβ program is currently available only in the United States. Any points earned outside of the locations listed are not eligible for redemption.
- Information sharing. You acknowledge that the Software contains features designed to share select sites (URLs) you browse and other information. In some cases, sharing is explicitly invoked by you (e.g., when you click the Share button). You also acknowledge and agree that your purchase information is shared between Avishkar partners and Avishkar for the purpose of maximizing your rewards and improving the V-Pointsβ program and other services oferred by Avishkar. Avishkar also gathers data around the usage of its mobile apps including but not limited to geo-location. To the extent permitted by law, Avishkar reserves the right to use any data collected, explicitly or implicitly, in any form or fashion that Avishkar decides.
- Grant of License. Subject to your compliance with the terms and conditions of this Agreement, Avishkar grants you a revocable, non-exclusive and non-transferable license to install and use the executable form of the Software on an unlimited number of computers or devices which are owned or controlled by you. Avishkar reserves all rights in the Software not expressly granted to you in this Agreement. You also agree to abide by the rules and terms and conditions of various App stores and other distribution channels that Avishkar's software is available on.
- Restrictions. Except as expressly specified in this Agreement, you may not: (a) copy or modify the Software; (b) transfer, sublicense, lease, lend, rent, or otherwise distribute the Software to any third party; or (c) make the functionality of the Software available to other users. You acknowledge and agree that portions of the Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute the intellectual property of or contain trade secrets of Avishkar and its licensors. Accordingly, you agree not to disassemble, decompile, or otherwise reverse engineer the Software, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
- Ownership. The Software is licensed, not sold. You own the media on which the Software is recorded (if any was provided to you), but Avishkar retains ownership of the copy of the Software itself, including all intellectual property rights therein, even if Avishkar incorporates any Feedback (defined below) into subsequent versions of the Software or otherwise uses such Feedback. The Software is protected by United States copyright law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Software as delivered to you.
- External Content. Avishkar may include features that are designed to allow you to import and share content from other parts of the web that are important to you (such as your social network profile, friends, and contact lists) and gives you easy access to that information. You hereby grant Avishkar a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform this content for the sole purpose of providing you with these features, and you affirm, represent, and warrant that you own or have the necessary licenses, rights, and consents to grant this license to Avishkar. You retain copyright and any other rights you already hold to content you submit, post or display through the Software. Furthermore, you understand that all content (without limitation, text, data files, web pages, software, extensions, audio and video files, and images) which you may have access to through the Software is the responsibility of the person or entity from which the content originated and not the responsibility of Avishkar. You understand that the Software may allow you to access content that is offensive or objectionable to you and that in this respect you use the Software at your own risk
- Updates and Upgrades; No Obligation. Avishkar is not obligated to maintain or support the Software, or to provide you with updates, upgrades or services related thereto. You acknowledge that Avishkar may from time to time in its sole discretion, issue or require updates and upgrades to the Software, and you expressly agree that Avishkar may automatically update or upgrade the version of the Software that you are using on your computer or device, either automatically or as a result of your request. These updates or upgrades may be designed to fix bugs, security issues, improve performance, add, remove, or update functionality, and generally improve the Software. You consent to such updating or upgrading on your computer or device, and agree that the terms and conditions of this Agreement will apply to all such updates or upgrades. Furthermore, you understand that the software does not work on all devices and Operating Systems. Software Upgrades may also result in the software not being functional of some devices or operating systems. You consent that your device may not be supported or if it is supported, support may be removed in future at Avishkar's sole discretion.
- Open-Source Software. The Software is distributed with certain independent code that is licensed under open source licenses ("Open Source Code") and the Open Source Code is licensed to you in accordance with the applicable open source licenses. To the extent that any of the terms and conditions of this Agreement conflict with any such open source licenses, the conflicting terms and conditions will not apply to the corresponding Open Source Code. Please contact us for important information regarding this Software.
Feedback. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Software (whether written, verbal or in any other format or manner) ("Feedback"). You acknowledge and agree that all Feedback will be the sole and exclusive property of Avishkar and you hereby irrevocably assign to Avishkar and agree to irrevocably assign to Avishkar all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. In jurisdictions where an assignment through this Agreement is not binding, you grant to Avishkar, in perpetuity, a world-wide, non-exclusive, sublicensable and transferable license to publish, display, reproduce, modify, edit or otherwise use all Feedback, in whole or in part, for any and all commercial purpose, purposes of trade, or for any other reason; and (ii) you hereby waive any and all moral rights in and to all Feedback.
We may obtain information about you, either individually, or in the aggregate, from other sources, such as third party partners and affiliates. Avishkar reserves the right to use this information as it sees fit including but not limited to improving the V-Pointsβ program, Apps, Software and Services.
User Conduct. You agree that you will not engage in any activity that interferes with or disrupts the Software, Apps, Sites or the Services (or the servers and networks which are connected to the Services) or use any service to manipulate any of your data or metrics gain distinct advantage on any of our programs. If you are found in violation, your rewards will be cancelled and your account is subject to be banned.
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 the Services for any purpose.
Please note that at any time, we may, in our sole discretion, terminate our legal agreement with you and deny you use of our Services if:
- you have breached any provision of these terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these terms); or
- we are required to do so by law (for example, where the provision of our Services to you is, or becomes, unlawful); or
- any partner with whom we offered the Services to you has terminated its relationship with us or ceased to offer their services to you; or
- we are transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Services; or
- the provision of the Services to you is, in our opinion, no longer commercially viable.
- at any reason whatsoever; or if you have broken any of the terms in the Agreement herein.
You further agree that your use of the Services shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Service in order to (all as determined in our sole and absolute discretion):
- post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual, hateful or otherwise objectionable
- post spam links, and/or personal referral links in an aggressive, wanton, or otherwise inappropriate fashion both on Avishkar or on any other public site on the web
- defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person's view, an otherwise offensive or objectionable manner
- upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service, other users' computers, or the access to or functionality of the Avishkar services
- violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity)
- attempt to obtain passwords or other private information from other members
- improperly use support channels or complaint buttons to make false reports to Avishkar
- develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable License Agreements
- publicly inform other members or any other persons of any error, miscue or bug that gives an unintended advantage or exploit, or that violates any applicable laws or regulations
- promote or encourage any illegal activity including, but not limited to, hacking, gaming, distribution of counterfeit software, or cheats for the Services
Accounts that have not earned any points in the V-Pointsβ program within 30 days or more are deemed inactive. The V-Points previously earned in these inactive accounts will be considered null and void. V-Points are non-transferable and are void if a transfer is attempted. V-Points and/or rewards do not have any monetary value, and may not be redeemed for cash, except where required by the applicable law. V-Points and/or rewards may not be bartered or sold unless part of a V-Pointsβ sponsored program. V-Pointsβ accounts are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law unless required by applicable law.
V-Pointsβ accounts that have earned over $600 in a calendar year are required by US law to fill out a 1099. Avishkar will notify users via the email address user has on file and it is then up to user to complete all obligations with respect to US Government. User gives up all claims against Avishkar regarding any tax related claims.
You further agree that Avishkar has the right at any time in its sole discretion to cancel and remove V-Points if your account is found in violation of any of the terms held therein or for any reason at all in Avishkar's sole discretion.
Members will not be reimbursed for lost or stolen rewards including Gift Cards and Prizes. Currently, the V-Pointsβ program is in beta software mode and points may get lost due to software glitches, errors, partner service issues or any other reason which may or may not be under Avishkar's control. It may not be possible to reacquire the points lost and you acknowledge and agree that you are willing to take this risk and not hold Avishkar liable for any lost points. Furthermore, Avishkar expressly rejects any liability or claims against any lost points.
Fair Usage Policy. Avishkar reserves the right to cancel your account and block your IP if it has reasons to believe that you are using the Avishkar software and services in a fraudulent manner at Avishkar’s sole discretion. If we detect unusual activity, we may require you to provide identification or other means of verification in order to verify the authenticity of your account including the number of devices registered to your account, the number of referrals you’ve invited, and the number of people in your household.
It is against these terms of service to earn through the applications without any user activity for any extensive period of time determined in Avishkar's sole discretion.
Any user generated content submitted through email, Avishkar apps, software, services or social media constitutes Feedback as defiend earlier and as set out in that clause, becomes property of Avishkar and can be used in Avishkar's marketing and future development efforts. User releases all rights to said content.
Notification with respect to Children's Privacy (Users under the age of 13)
In response to concerns about protecting children's privacy online, Congress enacted the Children's Online Privacy Protection Act of 1998 ("COPPA"), which sets forth rules and procedures governing the ways in which Web sites may collect, use and disclose any personal information for children under the age of 13. In accordance with the Company policy and COPPA regulations, we DO NOT:
- Request or knowingly collect personally identifiable information online or offline contact information from users under 13 years of age; or
- Knowingly use or share personal information from users under 13 years of age with third parties;
- Please note that users under the age of eighteen (18) are prohibited from using Avishkar's apps, services and other software including the V-Pointsβ program.
We request that children under the age of 13 and other minors under the age of 18, not submit any Personal Information to us via any channel available to them. It is possible that by fraud or deception we may receive information given to us or pertaining to children under 13. If we are notified of this, as soon as we verify the information, we will immediately delete the information from our servers. All points or tokens earned by a member who is later identified as being in violation of these terms will be removed from the account. Questions regarding children's privacy should be directed to: firstname.lastname@example.org
- Confidentiality. At times, we may make available to you pre-release versions of the Software. All the terms of this Agreement apply to such pre-release versions of the Software. In addition these pre-release versions are not for use by the general public or any person not participating in the pre-release program and subject to this Agreement.
- Term. The license to the Software granted under these Terms of Service remains in effect for a period of 75 years, unless earlier terminated by you or Avishkar in accordance with this provision. You may terminate the license at any time by destroying all copies of the Software in your possession or control. The license granted under this Agreement will automatically terminate, with or without notice from Avishkar, if you breach any term of this Agreement. Upon termination, you must cease all use of the Software and promptly destroy all copies of the Software in your possession or control.
- Changes to this Agreement. Avishkar reserves the right, at its sole discretion and at any time, to modify this Agreement or any portion thereof, at any time and without prior notice. If we modify this Agreement, we will post the modification on our Web site or provide you with notice of the modification. By continuing to access or use the Software after we have posted a modification on the Web site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified agreement. If the modified Agreement is not acceptable to you, your only option is to stop using the Software and uninstall it from any computers or devices on which you have it installed.
- No Warranty; Disclaimer. To the maximum extent permitted by applicable law, the Software is provided "AS IS", and “AS AVAILABLE”, without warranty of any kind. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, AVISHKAR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AVISHKAR OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT AVISHKAR AND ITS SUBSIDIARIES’ AND AFFILIATES’, AND ITS LICENSORS’ (“AVISHKAR PARTIES”) TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNTS PAID TO AVISHKAR BY YOU FOR THE SOFTWARE OR, IN THE EVENT THAT AVISHKAR HAS MADE THE SOFTWARE AVAILABLE TO YOU WITHOUT CHARGE, ANY SUCH TOTAL LIABILITY WILL BE LIMITED TO TEN DOLLARS ($10). IN NO EVENT WILL AVISHKAR BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT AVISHKAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- You agree to indemnify and hold harmless the Avishkar Parties from and against all claims, actions, demands, liabilities, costs, and expenses. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.
- Government Users. The Software and accompanying documentation are "commercial computer software" and "commercial computer software documentation", respectively, as such terms are used in FAR 12.212. Any use, duplication or disclosure of the Software or the Documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this Agreement.
- Export Law. You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Software, you represent and warrant that (i) your are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are is not listed on any U.S. Government list of prohibited or restricted parties.
- General. This Agreement will be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to or application of conflicts of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without Avishkar's prior written consent, and any attempt by you to do so, without such consent, will be void and of no effect. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. All notices or approvals required or permitted under this Agreement will be in writing and delivered by electronic mail, confirmed facsimile transmission, by overnight delivery service, or by certified mail, and in each instance will be deemed given upon receipt. All notices or approvals will be sent to the email address we have on record for you (if any) for notices directed to you, or to email@example.com for notices directed to Avishkar. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorized representatives of both parties. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and Avishkar have executed a separate agreement.
- Contact Information. If you have any questions regarding this Agreement, you may contact Avishkar at firstname.lastname@example.org.
IF YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS YOU MAY NOT USE THE SOFTWARE AND YOU MUST UNINSTALL IT FROM ANY COMPUTERS OR DEVICES UPON WHICH YOU MAY HAVE DOWNLOADED OR INSTALLED THE SOFTWARE.