Terms of Service
Boredwalk Terms of Service (updated March 1, 2018)
We may change these Rules, in whole or in part, at any time. Posting of the updated Rules on the Website will constitute notice to you of any such changes, although we may choose other types of notice for certain changes. Unless otherwise notified, changes will become effective immediately upon notice. Your continued participation in the Program following notice shall constitute your acceptance of all changes, and each use of the Program constitutes your reaffirmation of your acceptance of these Rules. If you do not agree to the changes to these Rules, your sole and exclusive remedy will be to terminate your membership and participation in the Program.
Boredwalk Program Description
Boredwalk Program members (“Members”) may earn Tickets for playing our mini-games, which includes, but is not limited to, various swiping, timing, and accuracy game mechanics.
Boredwalk reserves the right to send Members messages from time to time for which they may not be rewarded. Such messages may include Boredwalk system updates; flash bulletins; order confirmations; administrative announcements; special requests and other similar messages (“Administrative Messages”) and may be sent via email or SMS.
Boredwalk reserves the right to limit enrollment in the Program at any time.
Boredwalk reserves the right to limit the number of referral bonuses awarded at any time.
Boredwalk reserves the right to cancel or disable accounts and expire unredeemed Tickets in those accounts that are inactive for a period of 6 consecutive months. “Inactive” shall be defined as lack of one of the following: App launch, email response (click-through), profile update or any Ticket-earning or spending transaction.
Boredwalk reserves the right to limit the opportunities to earn Tickets available to Members while the Member remains inactive.
Boredwalk Program Eligibility Requirements
Only individuals 13 years or older and residing in the U.S. may enroll in the Boredwalk Program and become Members. Boredwalk reserves the right to prevent access to the Program and the Boredwalk Website from IP addresses outside of the U.S.
Corporations or other business entities are not eligible to become Members.
Boredwalk membership and participation in the Program is limited to one individual per Boredwalk account. It is a violation of these Rules to access a Boredwalk member account other than your own. You are responsible for all use of your Boredwalk membership and for the security of your login identification, your password and any security lock code that you use to protect access to your data and your Boredwalk personal profile. You may not transfer or permit any other person to use your Boredwalk membership.
Boredwalk allows only one email address and account per Member. Individuals utilizing multiple email address and/or accounts for the purpose of accruing Tickets will be deemed in violation of the Rules.
Terms of Participation in the Boredwalk Program
You shall comply with all applicable laws, rules and regulations. You acknowledge that you may only participate in the Program if and to the extent such participation is permitted by such laws, rules and regulations. Boredwalk may refuse enrollment, or to restrict, modify or terminate your participation in the Program (without liability to you) if you violate any law, rule or regulation, or if your participation in the Boredwalk Program could violate any law, rule or regulation.
You agree to provide only true and accurate information to Boredwalk (including to its advertisers and partners and in surveys) at all times.
You agree to promptly notify Boredwalk of any change in your address (email or physical) or personal profile by updating your personal information in your membership profile. Your discontinued participation in Boredwalk or failure to notify Boredwalk of any address (email or physical) or profile changes may result in the termination of your membership and forfeiture of unredeemed Tickets.
You agree to comply with the terms of all Boredwalk and Boredwalk advertiser and partner offers, promotions and programs at all times.
You agree not to abuse Boredwalk Program privileges by conduct which is detrimental to the interests of Boredwalk, including without limitation attempting to accrue Tickets or spend Tickets in a manner inconsistent with the rules of Boredwalk or intent of these Rules, having multiple accounts, setting up fake accounts for referral bonuses, attempting to earn Tickets through illegitimate channels, participating in purchasing or redemption fraud, or tampering with Boredwalk links, etc.
Boredwalk reserves the right to terminate or disable, at Boredwalk’ sole discretion, any Boredwalk membership if Boredwalk believes you have violated or acted inconsistently with the rules of Boredwalk Program or intent of these Rules. You understand and agree disabling of membership will result in Member’s inability to redeem and/or earn Tickets. You further understand and agree termination of membership will result in the permanent cancellation of all of your Boredwalk Tickets.
Boredwalk shall be the sole determiner in cases of suspected abuse, fraud, or violation of the Rules and any decision it makes relating to termination of membership (including cancellation or reduction of Tickets) shall be final and binding.
Boredwalk reserves the right to modify or discontinue the Boredwalk service with or without notice to Member.
Participation in Promotions of Advertisers & Merchants
Your correspondence with or participation in promotions of Boredwalk advertisers and partners are solely between corresponding you and the advertiser or partner. Boredwalk assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal or modification of any offer or promotion.
Boredwalk Rewards & Redemption
Tickets may be spent only on goods offered through Boredwalk at the time of redemption, and redemption options may vary without notice.
Tickets have no cash value.
Boredwalk is not responsible for lost or stolen goods once shipped to Member.
The number of Tickets required to redeem goods are subject to change at any time without notice.
Member inquiries regarding gifts ordered and not received must be received by Boredwalk within 6 months after the initial redemption date. Thereafter, Boredwalk will have no obligation to re-send goods to the Member.
Tickets will be subtracted from Member’s account once the redemption order is placed by the member and captured by the Boredwalk system.
Once used to claim goods, Tickets will not be reinstated to Member’s account.
When redeeming Tickets for goods, Member agrees to confirm that all information in Member’s personal profile is up to date and accurate (including shipping and email address).
Tickets may not be bartered or sold.
Tickets are not transferable and are void if transferred.
Boredwalk accounts and Tickets are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.
AT ANY TIME EITHER MEMBER OR BOREDWALK MAY TERMINATE YOUR MEMBERSHIP WITH OR WITHOUT CAUSE. YOUR RIGHT TO USE THE BOREDWALK PROGRAM IMMEDIATELY CEASES UPON TERMINATION AND YOUR UNREDEEMED TICKETS WILL BE CANCELLED.
Termination of your membership is effective when you submit a termination request via email to firstname.lastname@example.org. You understand that, in some cases, you may still receive messages (which may have been scheduled prior to your termination) after termination. You cannot earn Tickets after termination.
Should you object to any of the terms and conditions of the Rules, or become dissatisfied with Boredwalk, your only recourse is to immediately discontinue participation in Boredwalk, properly terminate your membership and uninstall the App.
Boredwalk reserves the right to terminate the membership of any Member who appears to be using Boredwalk in a manner inconsistent with the Rules, the intent of this Agreement, or any other Boredwalk Program guidelines or rules.
Member’s membership will terminate and Tickets will expire immediately in the event of Member’s death.
Disclaimer of Warranties
The Boredwalk Program is provided on a strictly “as is” and “as available” basis. BOREDWALK MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH BOREDWALK OR THROUGH BOREDWALK ADVERTISERS OR PARTNERS; THAT BOREDWALK WILL MEET MEMBERS’ REQUIREMENTS; OR THAT BOREDWALK WILL BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES BOREDWALK MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BOREDWALK OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH BOREDWALK.
Boredwalk expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Boredwalk shall not be liable or responsible for those guarantees, warranties, and representations, if any, offered by Boredwalk advertisers, partners, manufacturers of merchandise, or suppliers of services. No advice or information, whether oral or written, obtained by Member from Boredwalk or through Boredwalk shall create any warranty not expressly made herein.
Proprietary Rights to Content and other Intellectual Property
Member acknowledges that Boredwalk content (including but not limited to text, sound, photographs, graphics, or other material contained in any Boredwalk communication, advertisements, or messages, whether by Boredwalk or Boredwalk’s advertisers or partners), service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws; therefore, Member is only permitted to use content, service, or software as expressly authorized by Boredwalk, its advertisers and partners, as the case may be.
Limitation of Boredwalk’s Liability
YOUR PARTICIPATION IN THE Boredwalk PROGRAM IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL Boredwalk, ITS PARENTS, SUBSIDIARIES AND OTHER AFFILIATES OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL Boredwalk AGGREGATE LIABILITY EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF CERTAIN TYPES OF DAMAGES AND THUS SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND IN SUCH JURISDICTIONS, Boredwalk’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Boredwalk is not responsible for damages or losses that result from participating or inability to participate in Boredwalk, or reliance on or use of information, services or merchandise provided on or through Boredwalk Program.
You acknowledge and agree that Boredwalk neither endorses the contents of advertisements or third parties’ Websites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby.
You shall indemnify and hold harmless, and at our request, defend us, our parents, subsidiaries and other affiliates, as well as their respective directors, officers, shareholders, employees, agents and owners (each, an “Indemnified Party”) from and against any and all third party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees, an allocation for in-house counsel and other legal costs) arising out of your acts or omissions, including claims resulting from your participation in the Program or breach of your obligations set forth in these Rules. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.
This section describes what rights you and Boredwalk possess if you and Boredwalk have a dispute.
A. Providing Notice of a Claim. The parties agree to arbitrate all disputes and claims between them (“Disputes or Claims”). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (1) Disputes or Claims related in any way to the Program, privacy, advertising or Boredwalk communications with you; (2) Disputes or Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (3) Disputes or Claims that arose before your agreement to the Rules or any prior agreement; (4) Disputes or Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (5) Disputes or Claims that may arise after the termination of your participation in the Program.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). Notice to us must be sent to our customer service address at: Boredwalk Dispute Resolution, SquareTwo, Inc., 1559B Sloat Blvd. #185, San Francisco, CA 94132, Attention: Legal Department. The Notice must include: (1) the nature and basis of your Dispute or Claim; (2) identification or enclosure of all relevant documents and information; and (3) a description of the specific relief that you seek from us.
B. Providing Boredwalk an Opportunity to Informally Resolve Your Dispute. Before you may pursue or participate in any Dispute or Claim (or raise such Dispute or Claim as a defense) in small claims court or in arbitration against us, you must first send the Notice described above, and you must allow us a reasonable opportunity to resolve your Dispute or Claim. After we receive your Notice, the parties agree to negotiate in good faith with each other to try to resolve your Dispute or Claim.
C. Agreement to Participate in Binding Arbitration. If the parties do not reach an informal resolution of your Dispute or Claim within thirty (30) days after we receive your written Notice, you may pursue your Dispute or Claim in arbitration or, solely to the extent specifically provided below, in small claims court. If the parties cannot reach an informal resolution to the Dispute or Claim within thirty (30) days after our receipt of your Notice, you may commence an arbitration proceeding by sending an arbitration demand (“Arbitration Demand”) to the following address: Boredwalk Dispute Resolution, SquareTwo, Inc., 77 Geary St., San Francisco, CA 94108, Attention: Legal Department. The parties agree to arbitrate any Dispute or Claim between them, except to the extent either party chooses to instead pursue the Dispute or Claim in small claims court as provided below. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
Except as otherwise provided herein, upon either party filing an Arbitration Demand, we will pay all filing, administration, and arbitrator fees, unless your Dispute or Claim exceeds $75,000 (exclusive of any filing, administration, arbitrator, or attorneys’ fees or other fees or expenses). If you initiate an arbitration in which you seek more than $75,000 (exclusive of any filing, administration, arbitrator, or attorneys’ fees or other fees or expenses) in damages, the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”) will govern the payment of these fees. The AAA Rules, as modified by these Rules, will govern the arbitration. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. If your Dispute or Claim is for $10,000 or less (exclusive of any filing, administration, arbitrator, or attorneys’ fees or other fees or expenses), we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules. If your Dispute or Claim exceeds $10,000 (exclusive of any filing, administration, arbitrator, or attorneys’ fees or other fees or expenses), the right to a hearing will be determined by the AAA Rules.
Unless the parties agree otherwise in writing, any arbitration hearings will take place in the county (or parish) in which you reside (except that, if you reside outside of the United States, any such hearings will take place in San Francisco County, California). One arbitrator, who is selected under the AAA Rules and who has expertise in consumer disputes in the Internet industry, will conduct the arbitration. If no arbitrator possessing such expertise is available, then the arbitration will be conducted by a single arbitrator who is selected by the mutual written approval of the parties. Except as allowed under applicable law and the AAA Rules, the decisions of the arbitrator will be binding and conclusive on all parties. Judgment upon any award of the arbitrator may be entered by any court of competent jurisdiction. This provision will be specifically enforceable in any court. THE ARBITRATOR MUST FOLLOW THESE RULES AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for a court to decide. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided herein, we will pay all filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your Dispute or Claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. Also, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of fees will be governed by the AAA Rules.
We may make a written settlement offer to you before the arbitrator issues an award. If, after the arbitrator finds in your favor on the merits of the claim, and the arbitrator issues you an award that is greater than our written offer, we will: (1) pay you the greater of the amount of the award or $7,500 (“Alternative Payment”); and (2) pay your attorney, if you use an attorney, twice the amount of any reasonable attorneys’ fees awarded by the arbitrator, and reimburse any expenses that your attorney reasonably accrues for investigating, preparing, and pursuing your arbitration claim (“Attorney Fee Premium”). The Attorney Fee Premium does not supplant any right you may have to reasonable attorneys’ fees under applicable law. Thus, if you would be entitled to a greater amount under applicable law, the Attorney Fee Premium does not preclude the arbitrator from awarding you that amount. You may not, however, recover duplicative attorneys’ fees or costs. If we do not make a written settlement offer to you before the arbitrator issues an award, you and your attorney will be entitled to the Alternative Payment and the Attorney Fee Premium, respectively, if the arbitrator decides in your favor on the merits. We agree that we will not seek any award of attorneys’ fees, even if we are entitled to such fees. The arbitrator may make any determinations and resolve any Dispute or Claim as to the payment and reimbursement of fees, the Alternative Payment, or the Attorney Fee Premium at any time during the proceeding and within fourteen (14) days after the arbitrator’s final ruling on the merits. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
YOU AND Boredwalk AGREE THAT:
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION. NEITHER YOU NOR Boredwalk SHALL BE A MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL DISPUTE OR CLAIM.
UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S DISPUTES OR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Boredwalk DOES NOT CONSENT TO CLASS ARBITRATION. ACCORDINGLY, IF A COURT REFUSES TO ENFORCE THE ABOVE PROVISIONS REGARDING CLASS OR REPRESENTATIVE ACTIONS, THEN THIS AGREEMENT TO ARBITRATE SHALL BE UNENFORCEABLE AS TO YOU. WHETHER A DISPUTE OR CLAIM PROCEEDS IN COURT OR IN ARBITRATION, YOU AND Boredwalk HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.
This arbitration agreement covers any Dispute or Claim arising out of or relating to any aspect of the relationship between the parties, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, even if the Dispute or Claim arises or may arise before or after the period(s) during which you are using the Program. For purposes of this arbitration provision, references to “we” and “us” include Boredwalk, SquareTwo, Inc., its affiliates, and each such entity’s respective directors, officers, employees, shareholders, agents, suppliers and assignees. The AAA Rules evidence a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this section.
The parties must bring any Dispute or Claim arising out of or related to the AAA Rules, or the relationship between them, within two (2) years after the Dispute or Claim arises, or the Dispute or Claim will be permanently barred. To the extent the law applicable under the Governing Law section below makes this limitations period unenforceable with respect to any Dispute(s) or Claim(s), then the statutes of limitations of the state whose laws govern the AAA Rules under the Governing Law section below shall apply.
Boredwalk may make changes to this arbitration provision during the term of our services to you. You may reject any material changes by sending us written objection within thirty (30) days of the change to Boredwalk Dispute Resolution, SquareTwo, Inc., 77 Geary St., San Francisco, CA 94108, Attention: Legal Department. By rejecting any future material change, you are agreeing to arbitrate in accordance with the language of this provision.
D. Small Claims Court. You may choose to pursue your Dispute or Claim in small claims court rather than by arbitration if your Dispute or Claim qualifies for small claims court in a location where jurisdiction and venue over you and us is proper.
E. Governing Law. The AAA Rules, and any Dispute or Claim arising between you and Boredwalk related in any way to the AAA Rules or the Program, including but not limited to any Dispute or Claim over service, privacy, advertising or Boredwalk communications with you, whether based on contract, tort, statute, or common law, will be governed by the laws of the state in which you reside (except that, if you reside outside of the United States, the laws of the State of California will govern), without regard to choice of law principles.
Software Export Compliance
By downloading the App, you represent and warrant that you are not: (1) a denied/restricted or otherwise listed party described on (http://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern), or (2) located in, or a national or permanent resident of, any country subject to embargo (currently Cuba, Iran, North Korea, Sudan or Syria) or (3) engaged in the proliferation of weapons of mass destruction (i.e., nuclear, chemical or biological weapons) or missiles.
If a court of law finds that any provision of these Rules is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
Boredwalk may assign our rights to a third party at any time without notice to you. You may not assign your rights to anyone else.
Registrations, agreements and terms presented by Boredwalk electronically to you have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding the Program electronically from us.
These Rules along with any supplemental terms for the Program constitute the whole legal agreement between you and Boredwalk and replaces any prior agreements between you and Boredwalk.
Boredwalk may be required by law to provide information about you to a third party. Except as prohibited by law, we will notify you if we plan to comply with a civil subpoena related to your membership. You agree to hold us harmless for the release of any information related to your account in connection with a civil subpoena including, but not limited to, any claims that you did not receive notice of the civil subpoena from Boredwalk.
Information for CA Residents – Under California Civil Code Section 1789.3, members that are residents of California are entitled to the following consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone at (916) 445-1254.