Terms and Conditions
Effective Feb 24, 2015
Bluepod Media Worldwide Limited was founded on the belief that personal information is personal property; should people choose to share it, they should benefit.
Bluepod Media (acting as Air Rewards and henceforth referred to as Air Rewards) does regularly collect certain information about you through your use of the Service.
Sharing this information with Air Rewards enables us to reward you for your app usage and tailor the experience to your interests.
What information does Air Rewards collect from me?
How does Air Rewards use my personal information?
ALL mobile phone users are eligible to use the Service, although some specific 3rd party offered Mobile Software may impose certain restrictions on a case by case basis. If you live in a state or country where consent of a parent or guardian is required if you are under the applicable age of majority in such jurisdiction, you may be required by us to secure such consent prior to your registration with the Service. By using the Service, you represent and warrant that you are of sufficient age, or that you have such consent.
Use of the Service
You may access the Service for your personal non-commercial use. Any other use of the Service or the content on the Service (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) (the "Service Content"), including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Service, or use of the Service for purposes competitive to the Company, is expressly prohibited.
You may not use contact information provided on the Service for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Service or to surreptitiously intercept any system, data or personal information from the Service. You agree not to interrupt or attempt to interrupt the operation of the Service in any way.
You are responsible for protecting the confidentiality of the password associated with the Service and your Air Rewards account and for restricting access to your device while logged into the Service. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your Air Rewards account. The Company may assume that any communications the Company receives under your password have been made by you.
You or third parties acting on your behalf are not allowed to frame the Service or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any Service Content without the Company's express written consent. Further, you may not utilize any Service Content in any meta tags or any other "hidden text" techniques or technologies without the Company's express written consent.
Accuracy, Completeness and Timeliness of Information on the Service
The Company is not responsible for the accuracy, completeness or currency of information made available to you on the Service and you should not rely on any such information being accurate, current or complete. The material provided to you
by the Service is provided for general information only and should not be relied upon or used as the basis for making decisions. Any reliance on the material on the Service is at your own risk. We reserve the right to modify the Service at any time, but we have no obligation to update any information on the Service.
Materials You Submit
You acknowledge that you are responsible for any material you may post or submit to the Service, if any, including all information and content that is provided by you or other users and to which you then grant the Service access, whether publicly posted or otherwise submitted (e.g., emailed to or discussed with, customer service) (collectively, "User Content"). Your responsibilities include the legality, reliability, appropriateness, originality and copyright of any User Content. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOU PUBLICLY SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON THE SERVICES. You may not upload to, distribute, grant access to or otherwise publish through the Service any User Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam". You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any User Content. You may not upload commercial content onto the Service. Without limiting the generality of the foregoing, you may not upload, post, publish, transmit, reproduce, or distribute in any way, (a) any photograph or likeness of another person without that person's consent, if and to the extent necessary under applicable laws; or (b) information, software or other material obtained through the Services which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rights holder, or which otherwise violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights.
Unless we indicate otherwise, you grant the Company and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display User Content throughout the
Company has no obligation to monitor the Services. However, you acknowledge and agree that Company has the right to monitor the Services electronically from time to time, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect itself or its customers. Company reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are deemed unacceptable, undesirable, inappropriate or in violation of this Agreement.
Users' Representations and Warranties
In connection with your use of the Service, you represent and warrant that you will not, and will not allow any third party to:
Modify, adapt, disassemble, decompile, translate, reverse engineer or otherwise attempt to discover the source code or structure, sequence and organization of the Service, the Service Content or any content contained therein;
Grant, resell or sublicense access to the Service, or any of the rights granted to you herein, to any third party
Use the Services to impersonate any person or entity, or otherwise misrepresent your identity or your affiliation with a person or entity;
Violate any proprietary rights of any person or entity;
Remove, obscure or change any copyright, trademark, hyperlink or other proprietary rights notices contained within the Service or Service Content;
Use the service in any way other than that intended or try to access our Service in any way other than through the interface and per the instructions that we provide;
Use the Service in any manner that could damage, disable, overburden, or impair the Service, the Company, or any other person or entity;
Collect any information (including usernames and/or email addresses) about other users of the Service; create or transmit unwanted electronic communications to other users of the Service; or otherwise interfere with such users' enjoyment of the Service;
Use the Service to further or promote any illegal activity or enterprise, including fraud, trafficking in obscene material, pornography, drug dealing, gambling, harassment, stalking, spamming, or distributing viruses or other harmful files or
Copy, duplicate or imitate, in whole or in part, any concept, idea, business model, business process, product, service or other intellectual property or other ideas or content embodied in the Services or learned by you from your use of or access to the Services;
Use data mining, robots or other similar data gathering and extraction tools;
Use webpage frames to enclose any part of the Services without our consent;
You further agree that, within the Service, you will not portray Company or its affiliates in a negative manner or otherwise portray its services in a false, misleading, derogatory or offensive manner.
You also may not take any action to interfere with the Service or any other user's use of the Service. You expressly agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any Service Content without our prior written consent or the consent of the content owner if such Service Content is not owned by the Company. You agree not to circumvent, disable, bypass or otherwise interfere with any measures we may use to prevent or restrict access to the Service, including any security-related features of the Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. You shall not use the Service for illegal purposes (including, without limitation, unlawful, harassing, libellous, invasion of another's privacy, abusive, threatening or obscene purposes). You will comply with all laws related to your use of the Service.
Reservation of Intellectual Property rights
Trademarks and Copyrights
Trademarks, logos and service marks displayed on the Service are registered and unregistered trademarks of the Company, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Service shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Service without the owner's prior written permission, except as otherwise described herein. The Company reserves all rights not expressly granted in and to the Service and the Service Content. This Service and the Service Content are protected as a compilation under the copyright laws of England and other countries.
The Company is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Service, including material you provide to us, and so we have an absolute right to remove any material from the Service in our sole discretion at any time.
Using fraudulent information to complete offers and/or completing offers with fraudulent intent will result in the member's account being deleted without notice and relinquishment of any and all rewards that may have accrued in the account. Fraud includes, but is not limited to, the following: using false information to complete offers; using information that is not one's own to complete offers; completing the same offer multiple times; or cancelling offers and/or trials prior to receipt of a product and/or service that is required for a given reward.
Multiple signups by any individual user shall be grounds for immediate termination of all involved accounts. The Company reserves the right to file charges against an individual in attempt to recover any rewards received. We have a tough anti-fraud system in place making it extremely difficult to commit fraud or "hacking", however if someone is caught committing fraud, or making attempts to do so, we reserve the right to suspend the user's account, resulting in forfeiture of all rewards.
YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT THE SERVICE OR THE SERVICE CONTENT IS NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICE WILL BE SECURE; THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SERVICE WILL BE COMPLETE, ACCURATE OR TIMELY; OR THAT ACTING ON SERVICE INSTRUCTIONS IN PURSUIT OF EARNING REWARDS WILL ALWAYS BE 100% SUCCESSFUL, GIVEN VARYING QUOTAS ON AND AVAILABILITY OF DIFFERENT OFFERS AND ANY TIME LAG IN REMOVING LISTINGS ONCE QUOTAS ARE HIT. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OF ANY KIND. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SERVICE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO CERTAIN PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT
ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT THE SERVICE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SERVICE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, THE COMPANY'S REMOVAL OR DELETION OF ANY MATERIALS OR OFFERS SUBMITTED OR POSTED ON ITS SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS OR DENIAL OF REWARDS PAYOUT, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SERVICE. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE OR ANY CONTENT CONTAINED THEREIN, TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID US TO USE THE SERVICE, IF ANY.
You agree to indemnify, defend and hold harmless the Company and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from:
(i) your User Content;
(ii) any activity under your account or using your password;
(iii) your use of the Service;
(v) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right,
(vi) any claims that your use of the Service caused damage to a third party,
(vii) your violations of any and all applicable laws, rules or regulations from any jurisdiction,
(viii) your encouragement, assistance or enablement of any third party's violation of any of the provisions, laws, rules, regulations, rights or agreements described above.
If you cause a technical disruption of the Service or the systems transmitting the Service to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. The Company reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such a case, you agree to cooperate with the Company in the defence of such matter.
THESE DEFENCE AND INDEMNIFICATION OBLIGATIONS WILL SURVIVE THIS AGREEMENT AND YOUR USE OF THE SERVICE
Jurisdiction and Applicable Law
Changes to the Service
The Company reserves the right to terminate or modify the Service or to change any Service Content with or without prior notice for any reason. You agree that the Company will not be liable for any discontinuation of or changes to the Service or the Service Content.
(a) any subsidiary or affiliate of the Company;
(b) any entity that acquires all or substantially all of the assets of the Company; or
(c) any entity that acquires all or substantially all of the Company's interest in the Service or the assets related thereto.
You consent to receive electronic communications from us and agree to email communications at the email address associated with your Air Rewardz account, notices posted on the Service or messages displayed when you enter the Service satisfy any legal requirement that such communications be in writing.
The Service may contain links to other applications and Web sites (“Resources”), some of which are operated by the Company or its affiliates and others of which are operated by third parties (“Third Party Resources”). As a standard part of our Service, we may recommend that you access certain Third Party Resources. While we seek to recommend the best Resources for our members, you are encouraged to make your own investigations regarding Resources before using them. The Service provides you access to and recommendation of Third Party Resources provided only as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information available on, in or through, Third Party Resources or the quality of them, and we are not responsible for the content of Third Party Resources or any other sites or any products or services that may be offered through those or any other Resources. Inclusion of links to Third Party Resources or recommendation of them should not be viewed as an endorsement of the content of these Resources. Different terms and conditions may apply to your use of any Third Party Resources. The Company is not responsible for any losses, damages or other liabilities incurred as a result of your use of any Third Party Resources.
This Service is controlled and operated within England. We make no representation that content, materials or products available on or through the Service are appropriate or available for use outside of England. If you access this Service from a location outside England, you are responsible for compliance with applicable laws, including UK export laws and regulations. By using this site and submitting any personal information, users outside England acknowledge that this site is subject to English law, consent to the transfer of personal data to England, and waive any claims that may arise under their own national laws.
Additionally, you agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from England or the country in which you reside.
Entire Agreement and Admissibility
If any provision of this agreement is unlawful, void or unenforceable, such provisions, and to the extent necessary, any other provisions shall be deemed modified so as to reflect the original intent of the parties as closely as possible, and the remaining provisions of the agreement will remain in place.
If you wish to submit any contribution to Air Rewards you must agree to the following terms and conditions by ticking the box. These Terms and Conditions (the "Agreement") are entered into by ‘you’ the owner of the material and ‘us’ Air Rewards doing business as "air-rewards.com" (hereinafter referred to as "air-rewards.com", ‘us’, ‘we’). ‘
You and Your Footage
You warrant that the material is your own original work or that you have obtained all the necessary rights to grant us the licence to represent this material for you
You have the sole exclusive and unencumbered ownership of all rights
Material is not libellous, defamatory or obscene
Material is not subject to any other contract, agreement or license
You warrant that public posting and use of your content by air-rewards.com will not infringe or violate the rights of any third party
The rights you are granting to us
When submitting material to air-rewards.com you grant us the exclusive, unlimited right to use, reproduce, display, perform, adapt, modify, alter, distribute, exhibit, broadcast, reproduce, license others to reproduce and distribute, advertise, promote, publish and otherwise exploit the Images by any and all methods or means, whether now known or hereafter devised, in any manner and in any and all media throughout the world, in perpetuity, for any purpose whatsoever as air-rewards.com in its sole discretion may determine
By submitting your material, you agree that air-rewards.com will have power of attorney to take any such action as may from time to time be necessary to effect, transfer, or assign the rights granted to us herein, including without limitation copyright-related actions, and assigns to air-rewards.com the right to prosecute any and all claims from the past, present, and future use of the Images by unauthorized third parties
Release and Indemnity. You hereby agree to indemnify, release and hold harmless air-rewards.com, its successors, licensees, and assigns, and the directors, officers, employees, representatives and agents of each of the foregoing, from any and all claims, demands, causes of action, damages, judgments, liabilities, losses, costs, expenses, and attorney’s fees arising out of or resulting from (i) any breach by you of any warranty, representation or any other provision of these Terms, and/or (ii) any claims of or respecting slander, libel, defamation, invasion of privacy or right of publicity, false light, infringement of copyright or trademark, or violations of any other rights arising out of or relating to any use by us of the rights granted under this these Terms. You acknowledge that air-rewards.com is relying on the representations made by you in accordance with these Terms and a breach by Licensor would cause air-rewards.com irrevocable injury and damage that cannot be adequately compensated by damages in an action at law and Licensor therefore expressly agrees that, air-rewards.com shall be entitled to injunctive and other equitable relief
Termination: Licensor may seek to terminate its agreement to these Terms at any time; however, these Terms shall only be terminable upon the mutual agreement of the parties, the consent of which may be granted or denied in air-rewards.com’s sole discretion. No termination shall impact any prior license of the Images by us prior to termination, which shall continue in full effect under these Terms.