This End-User License Agreement (“EULA”) shall govern the terms of usage of the Herculean Rewards website and constitutes a legal contract between you (the User) and Herculean Rewards, a registered company who operates the Herculean Rewards website application at the domain address (https://www.herculeanrewards.com). Herculean Rewards Inc., is incorporated in Panama. Your use of the services offered on the Herculean Rewards website application is under a license subject to this document which sets out the terms of the license to use Herculean Rewards.
Herculean Rewards will not share your personal information with companies, individuals, and organizations outside of Herculean Rewards, subject to the following exceptions:
Information will be available to companies, individuals and organizations when you consent to it, and only to the extent of information that you consent to your information being shared. Therefore, an opt-in consent will be required for such Information to be shared to companies, individuals and organizations outside of Herculean Rewards.
Herculean Rewards may provide its affiliates or other trusted business entities and persons with certain personal information for processing. This however shall be in strict compliance with appropriate confidentiality, privacy and safety standards. The processing of this information is to improve, maintain, protect and develop the quality of services for Herculean Rewards and its end Users.
This will also only be shared when you consent to it, and only to the extent of information that you consent to your information being shared. Therefore, an opt-in consent will be required for such Information to be shared to companies, individuals and organizations outside of Herculean Rewards.
Personal information will be shared with companies, individuals and organizations outside Herculean Rewards in the existence of reasonable belief that access and disclosure of that information is necessary:
Herculean Rewards commits to keep your details and identity private, save in respect of displaying any person/entity's logos as indicative of Users of Herculean Rewards on the website and in Herculean Rewards marketing materials. Any User can however opt-out of having their logos displayed for marketing purposes by Herculean Rewards by indicating an intention to the contrary. Any User who objects to any indication of their use of Herculean Rewards services in any advertising should notify at firstname.lastname@example.org
Cookies are small amounts of information stored in the browser of each User for the server to remember certain information that may subsequently be used in order to enhance the User's browsing experience. The User has the option and responsibility to disable cookies by selecting the appropriate option in the browser options. However, deactivating cookies may affect the correct operation of the Website.
4.1 In order to make use of the Herculean Rewards services, a User should be signed in with an email account. The User has a responsibility to protect the security of his login information and ensure the diligent custody and use of the same.
4.2. The User is personally liable for the activities undertaken on the Herculean Rewards website application, and is responsible under all local, national or international laws and regulations applicable to the use of Herculean Rewards, including those relating to the protection of intellectual property, protection of personal data, international communications and data transmission, whether under the law governing the User or the law of governing Herculean Rewards.
4.3. Herculean Rewards accepts no responsibility for the improper use of the Herculean Rewards website application and any content put on the Herculean Rewards website application by an End User.
Herculean Rewards prohibits collecting banking and credit card information except through the payment field features available through Herculean Rewards. When used properly, Herculean Rewards servers never process, store, or transmit credit card information. Herculean Rewards has a payment feature for the dealing with payment on forms. Herculean Rewards offers secure payment integrations for processing payment on your forms.
6.1. When Users make use of the payment feature/services provided through Herculean Rewards, the money received goes directly to the Form Owner or User, and not Herculean Rewards.
6.2. Herculean Rewards exempts all liability for payments received through Herculean Rewards forms by any User.
7.1.Herculean Rewards prohibits the use of any Herculean Rewards service or the website application for phishing, disguising as a trusted entity, misrepresenting to be another organization, stealing sensitive User data (including login credentials, personally identifiable information, banking and credit cards, and passwords), sending deceptive e-mails, fraud, etc.
7.2.Breach of the 6.1 above, and use of Herculean Rewards service or the website application for any of the activities prohibited above will lead to restriction, ban from all Herculean Rewards services, and termination of the use to Herculean Rewards services as stated in Clause 16 of this End User License Agreement for such User.
7.3.Where Herculean Rewards determines that an activity by a User is of a criminal nature, Herculean Rewards may also report such activities to law enforcement agencies and share all available information with the appropriate authorities.
8.1.In using Herculean Rewards services for email invitation, the User has the responsibility and full liability for ensuring the email addresses were legally obtained and that the owners of each email address has consented and opted into receiving emails from the User.
8.2.Herculean Rewards will make best effort to ensure all emails and email notifications (including but not limited to survey notifications, autoresponders, winning notifications, email invitations, team invites etc) processed through Herculean Rewards services are successfully delivered but Herculean Rewards excludes all liability for instances where emails and email notifications are undelivered or received by the User.
9.1.Herculean Rewards shall have no responsibility or liability for Data collected through the forms. The liability for every data collected through forms on Herculean Rewards shall be that of the User.
9.2.All information collected over Herculean Rewards website is stored in the secure cloud storage. This information is not accessed by Herculean Rewards except when account owner explicitly gives us permission to. This information is accessible from the secure cloud storage of the account and the assigned collaborators.
9.3.The User agrees to bear all liability for how they handle such information and exempt Herculean Rewards from any liability on how the information collected through the website is processed.
10.1.Herculean Rewards will make best effort to ensure the counter display for received form submissions are precise, however the counter displayed may sometimes not be accurate. When in doubt, the User is advised to check the status of the form.
10.2.Herculean Rewards will make best effort to ensure service availability and uptime, but excludes all liabilities for service downtimes.
Some of the Herculean Rewards forms provide features for collecting signatures on contracts as part of Herculean Rewards services. Herculean Rewards excludes all liabilities for agreements made using this service.
12.1. Herculean Rewards forms are designed to work online. The offline responses are not synced with the online response.
12.2. In the event that data is lost in the process of syncing offline responses with Herculean Rewards servers or any other way, Herculean Rewards excludes all liability for this data loss.
Herculean Rewards shall not be responsible for processes set up by Users using Herculean Rewards services.
14.1 It is strictly prohibited to:
a . Modify the website/software product in whole or in part.
b. Reverse engineer, decompile, or disassemble the website/software product.
3.4. Disclaimer for Indirect Damages:
This website/program is provided and licensed "as is", without any warranty of any type, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. In no event shall Herculean Rewards, or any other third parties involved in the creation, production, or delivery of this website/program be liable for any type of damage, in any circumstance (including, but not limited to, the direct or indirect damages caused by loss of business profits, business interruption, loss of business information, or any other pecuniary loss), arising out of the use of or the inability to use the website/product, even if Herculean Rewards has been advised of the possibility of such damages. This limited warranty is governed by and interpreted according to the law of incorporation of Herculean Rewards Inc., as well as other laws, international and domestic intellectual property laws and by international treaties.
Nonetheless, the User shall inform Herculean Rewards by sending an email to email@example.com of any apprehension of a breach/misuse of its account. Herculean Rewards is not liable and will not assume any kind of responsibility for information contained on any Website belonging to a third party which may be accessible through the links or browsers available on the Website.
Herculean Rewards may terminate this reward program at all times by informing the website Users.
16.1 The following acts are not permissible and may terminate the User's license to use Herculean Rewards:
i. Collecting, uploading, publishing, sending or transmitting any information, material or other content that is illegal, threatening or libelous; or
ii. Collecting, uploading, publishing, sending or transmitting any information, material or other content that violates the rights of third parties, including intellectual property rights; or
iii. Intentionally or maliciously collecting, uploading, publishing, sending or transmitting any information, material or other content contains viruses or any other kind of malicious code(s); order
iv. Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; order
v. Obtaining, collecting, storing or modifying other User's personal data or information; order
vi. Any other purpose or use of Herculean Rewards that qualifies as illegal or unauthorized in the User's jurisdiction or Herculean Rewards jurisdiction.
16.1 The User shall lawfully terminate his license by:
i. Revoking access to the Herculean Rewards application by cancelling a subscription from the User Account. In the case that the User needs to close out an account completely, an email should be sent to firstname.lastname@example.org specifying this. At this point, all personal data will be deleted.
Herculean Rewards reserves the discretion, with no obligation to give details to the User, to upgrade and do any such things as are necessary for the administration of the website, with no requirement of the User’s consent.
18.1 Any disputes arising from the use of this Website or the legal notices, privacy agreement and policy terms of usage and EULA shall be governed by the law in Panama as well as other international intellectual property laws such as The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), WIPO copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT) and by other international treaties.
18.2 This shall not derogate from the right of Herculean Rewards to pursue any action against any violators of this EULA under clauses 5, 6 and 8, in the User's jurisdiction.