1. Acceptance of the Terms of Services
These Website Terms of Services are entered into by and between you and Almedia GmbH ("Almedia," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Services"), govern your access to participate in certain market activities and use of psrobo.com to earn Rewards (as defined below), including any content, features, Internet browser, emails, text (SMS) messages, online services, functionality, services, and mobile applications offered on or through psrobo.com (collectively, "Website"), whether as a guest or a registered user.
PLEASE READ THE TERMS OF SERVICES CAREFULLY BEFORE YOU START TO USE THE WEBSITE. BY USING THE WEBSITE OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF SERVICES WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICES AND OUR PRIVACY POLICY, FOUND AT https://psrobo.com/privacypolicy, INCORPORATED HEREIN BY REFERENCE. If you do not want to agree to these Terms of Services or the Privacy Policy, you must not access or use the Website.
2. Eligibility
3. Changes to the Terms of Services
4. Access to Use of Our Website
5. Rewards Programs
6. Rewards Have No Monetary Value and Are Nontransferable
7. Rewards
8. Redeeming Rewards
9. Verifying Identity and Eligibility
10. Redemption Prizes
11. Inactive Accounts
12. Rewards Expiration
We may also adopt or modify our Rewards expiration rules and policies for any past, present, or future Rewards from time to time, and if your Rewards expire pursuant to such then-current rules or policies, we may remove such Rewards from your Account, without any compensation or further obligation to you regarding the expired Rewards. If you have any questions or concerns regarding these actions or wish to request re-crediting of the expired points to your Account (subject to such terms, limitations and requirements as we may impose from time to time), please contact us at support@psrobo.com.
13. Sweepstakes, Contests and Promotions
14. Taxes
You acknowledge and agree that we do not have the ability, in every instance, to determine whether or not the Rewards you received or redeemed in any Rewards Program are considered reportable income or taxable earnings in your jurisdiction. You are therefore responsible for any and all tax liability arising from or associated with your use of the Website and/or participating in the Rewards Program, including liability arising from your accrual of Rewards or your redemption of such Rewards. As a condition of your continued use of the Website and our services, we reserve the right to require you to provide necessary tax reporting information if our records show that you are or may be required to report the value of your redeemed Rewards to an appropriate tax authority. We encourage you, and it is your responsibility, to seek the advice of a tax expert in order to determine the tax consequences of your use of the Website and the Rewards Program, and any associated Rewards received or redeemed.
15. Your Account
16. Use of the Website
17. Restrictions and Prohibited Uses
18. User Contributions
19. Monitoring and Enforcement; Termination
20. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Your User Contributions must not:
21. Intellectual Property Rights
22. Copyright Policy
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of Almedia to terminate the user accounts of repeat infringers.
23. Reliance on Information Posted
24. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
25. Linking to the Website and Social Media Features
26. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
27. Disclaimer of Warranties
28. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ALMEDIA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
29. Indemnification
You agree to defend, indemnify and hold harmless Almedia, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Services or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Services, or your use of any information obtained from the Website.
30. Governing Law and Jurisdiction
If you are a consumer, please note that these Terms of Services, their subject matter and their formation, are governed by the State law of New York. You and we both agree that the courts of the City of New York will have exclusive jurisdiction.
31. Arbitration
You agree: (i) that any and all disputes arising out of or connected in any way with (a) the Promotions and sweepstakes, (b) the awarding or redemption of any prize, (c) the Website, (d) earning, awarding, or redeeming Coins, and/or (d) the determination of the scope or applicability of these Terms of Services to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS or another mutually-acceptable administrator and conducted before a sole arbitrator in accordance with the rules of the arbitration provider; (ii) these arbitration terms are made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in New York, NY; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms of Services and any of the other agreements or additional terms referenced herein that you may have entered into in connection with our Website and Promotions; (v) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; and (viii) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and you shall not be entitled to arbitrate your dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
32. Limitation on Time to File Claims
UNLESS PROHIBITED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICES OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
33. Waiver and Severability
No waiver of by Almedia of any term or condition set forth in these Terms of Services shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Almedia to assert a right or provision under these Terms of Services shall not constitute a waiver of such right or provision. If any provision of these Terms of Services is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Services will continue in full force and effect.
34. Entire Agreement
The Terms of Services, our Privacy Policy, any Additional Promotional Terms, and Copyright Policy constitute the sole and entire agreement between you and Almedia GmbH with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
35. Your Comments and Concerns
This Website is operated by Almedia GmbH with an address at:
Krausenstr. 9-10
10117 Berlin, Germany
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@psrobo.com.