Thank you for reviewing these Terms and Conditions of Use (the “Terms of Use,” “Terms,” or “Agreement”). GamerGains Labs, Inc. (“Gains.com,” “We,” “Us,” or “Our”) makes https://www.Gains.com (“Website”), its mobile application (“App”), and any other services (collectively the “Service” or “Games”) available for your (“You,” “Your,” “User,” or “Users”) use subject to this Agreement. This Agreement spells out what Users can expect from Gains.com and what Gains.com expects from its Users. The Gains.com Privacy Policy explains how Gains.com collects and protects information about Users who use the Service and can be viewed at https://gains.com/privacy-policy.
Please read this Agreement carefully before creating a Gains.com account (“Account”), downloading the App, using the Website, or participating in any Service. Any questions regarding these Terms or Privacy Policy should be directed to support@gains.com.
There Terms and Conditions form a binding legal agreement between You and Us and apply to your use of any of the Services in any way.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS INCLUDE A PROVISION WAIVING THE RIGHT TO PURSUE ANY CLASS, GROUP OR REPRESENTATIVE CLAIM AND REQUIRING YOU TO PURSUE PAST, PENDING, AND FUTURE DISPUTES BETWEEN YOU AND US THROUGH INDIVIDUAL ARBITRATION UNLESS YOU OPT OUT WITHIN THE SPECIFIED TIME FRAME.
By creating an Account, downloading the App, using the Website, or participating in any Gains.com Service or Game, including, without limitation, participating in its free-to-play or sweepstakes contests or tournaments (each a “Contest”), Users: (i) acknowledge that they have read and agree to be bound to and abide by these Terms; (ii) accept and agree to all obligations, rules and scoring systems for each Contest in which they participate; and (iii) represent and warrant that they are authorized and able to accept these Terms. Gains.com may also issue additional terms, rules, and conditions of participation in particular Contests, which are expressly incorporated by reference. Users agree to be subject to them if they participate in such Contests. If a User does not wish to be bound by the Terms, the User must not download, access, or use the Service. By declining to accept these Terms, the User will be unable to create an Account or participate in the Service.
Gains.com reserves the right to change these Terms at any time without prior notice to Users. If Gains.com modifies these Terms, Gains.com will update the “Date Last Modified” and such changes will be effective upon posting. If Gains.com makes what it determines to be material changes to these Terms, Gains.com will notify Users by prominently posting a notice on the Website and/or App or by sending a notice to the e-mail addresses on file. Users continued use of the Service following such changes constitutes acceptance of such changes. If Users do not agree to the changes, their sole remedy is to cease using the Service. If Users breach any of the Terms, their authorization to use the Service automatically terminates.
The Service may be accessible through or provide links to third-party social networking sites and applications, including, without limitation, Facebook, X, Yahoo, and Instagram. As a condition of participating in the Service, Users acknowledge and agree that such third parties do not sponsor, endorse, administer, and are in no way associated with, the Service. All questions regarding the Service must be directed to Gains.com. Users further acknowledge and agree that as a condition of participating in the Service, Users shall release Meta Platforms, Inc., X Corp., and any other third-party social networking services accessible through the Service from any and all liability arising out of Users’ participation in such services. The integration of third-party social networking sites and applications is provided solely as a convenience to Users and Users access and use them entirely at their own risk and subject to such third parties’ terms and conditions.
To be eligible to create an Account and become a registered User, remain eligible for continued use of the Service, participate in contests, or win prizes offered by Gains.com, You must, at the time of registration and all times thereafter: (i) be at least eighteen (18) years of age at time of account registration (or the age of legal majority in your jurisdiction of residence); (ii) be physically located in any of the fifty (50) states and Washington, DC, (the “Jurisdiction”), excluding Idaho, Michigan, Montana, Nevada and Washington (the “Excluded States”), in which participation in the Service and the Contests offered thereon is unrestricted by law; and (iii) at all times abide by these Terms. You are subject to the laws of the Jurisdiction in which You reside and/or from which You access the Service. Access to the Service and the Contests offered thereon may not be legal for some or all residents of, or persons present in, certain Jurisdictions. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
To be eligible to enter any contest or receive any prize, the Registered User may be required to provide Gains.com with additional documentation and/or information to verify the identity of the Registered User, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of a Registered User, Gains.com will, in its sole and absolute discretion, utilize certain information collected by Gains.com to assist in verifying the identity and/or eligibility of such Registered User.
Gains.com makes no representations or warranties, implicit or explicit, as to Your legal right to participate in the Service or that the Contests provided through Our Service are appropriate or available for use in the Jurisdiction in which You are located, nor shall any person affiliated, or claiming affiliation, with Gains.com have authority to make any such representations or warranties. We do not intend for the Service, or any offerings made available thereon to be used by persons present in Jurisdictions in which participation may be prohibited or restricted. You agree that the availability of the Service does not constitute an offer, solicitation, or invitation by Us for the use of the Service in any Jurisdiction in which such activities are prohibited or restricted. If You choose to access Our Service, You do so at Your own risk. You hereby agree that We cannot be held liable if laws applicable to You restrict or prohibit Your participation. If You open an Account and/or participate in the Contests made available in the Service while located in a Jurisdiction that prohibits such activities, You will be in violation of the law of such Jurisdiction and these Terms, and subject to having Your Account suspended or terminated.
Such persons may, however, use the Service, and will from time to time do so for the purpose of testing the Website and/or App, evaluating user experience and Contests, socializing, and competing with customers to build community, and other reasonable and fair uses at the sole discretion of Gains.com. If such persons are deemed to be winners, any prizes won will be forfeited and awarded to the next highest scoring participant that is eligible to win a prize. Gains.com consultants or promoters of the Service may play in the Contests without such limitation, but only if (i) their arrangement with Gains.com does not permit them to have any access to non-public Service data or any other data not made available to all Users on the Service that may impact contest outcome and (ii) they do not receive any other unfair advantages in their play in the Contest.Gains.com RESERVES THE RIGHT TO DENY ACCESS TO THE SERVICE TO ANYONE AT OUR SOLE DISCRETION.
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent Gains.com from pursuing criminal or civil proceedings in connection with such conduct.
By accessing or using the Service, You represent and warrant that You are at least eighteen (18) years of age (or legal age of majority as stipulated in the jurisdiction of your residence), have the right, authority and capacity to enter into this Agreement, to abide by all of these Terms, and that You are not prohibited from accessing and using the Service, including in the jurisdiction in which you reside or are present. If You do not meet the eligibility requirements of this section, then You are not authorized to use the Service. Gains.com reserves the right to verify Your age, identity, and eligibility at any time. This includes requesting that You provide proof of identity documentation such as driver’s license, passport, or birth certificate. Any failure to cooperate with Gains.com in this respect may result in the suspension and/or termination of Your Account. To the extent Gains.com requests proof of identity and You fail to do so within seven (7) days, or Gains.com otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that Gains.com may have in law or equity, Gains.com reserves the right to terminate Your Account and withhold or revoke the awarding of any prizes associated with such Account. In such a situation, Gains.com will pay out any withheld or revoked prizes to the other entrants in the relevant Contest in a manner consistent with the prize structure of the Contest, to be precisely determined by Gains.com in its sole discretion.
By inputting a payment method at any point, the registered User hereby affirms that the registered User is the lawful owner of the payment method account used to make any purchase(s) or payments. It shall be a violation of these Terms of Use for any registered User to submit payment using any payment method that is not owned by the registered User.
To create an Account, go to the Website or download the App and complete the registration form or register. To create an Account, You will be required to (i) submit Your age, and (ii) select a unique username and a password (collectively, the “Identifiers”). The username must not be offensive, be selected to deceive or misinform other Users, and may not offend common decency or infringe upon the rights of third parties. If Gains.com receives information that a username is illegal or in breach of these Terms, the username can be amended by Gains.com without prior notice. For security reasons, passwords must differ from usernames and may be changed whenever You deem necessary. Passwords should not be sequences of consecutive numbers (i.e., “2345678”) or letters (i.e., “ABCDEFG”). More specifically, a secure password should contain a combination of numbers, letters and, when possible, special characters. A User’s password should be kept secret and periodically changed. Gains.com will not ask You to reveal Your password, or initiate contact with You asking for answers to Your password security questions.
You agree to (i) provide true, accurate, current, and complete information about Yourself (the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may modify Your Registration Data by logging into Your Account and making such changes. For further assistance, please contact customer service at support@gains.com. Any information collected by Gains.com will be held subject to Gains.com’s Privacy Policy, available at https://gains.com/privacy-policy and “just-in-time” notices, if any, provided at the point of information collection or use. If You provide any information that is untrue, inaccurate, not current, or incomplete, or Gains.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gains.com reserves the right to suspend or terminate Your Account immediately and refuse any and all current or future use of the Service (or any portion thereof).
If You are given the option to register through Your social media account, You will be asked to login using Your social media account credentials. Creating an Account for the first time will then prompt You to connect Your Gains.com and social media accounts. By creating an Account via a social media account, You are allowing Gains.com to access Your social media account information. If You access the Service from a social media account, You shall comply with the terms of service of the social media account as well as these Terms.
You agree to keep Your Identifiers secure and confidential. You are solely responsible for all usage or activity on Your Account including, but not limited to, use of the Account by any person who uses Your Identifiers, with or without authorization, or who has access to any computer or device on which Your Account is accessible. In the event that You are concerned that Your Identifiers are no longer secure and confidential, You should immediately notify Gains.com by sending an e-mail to support@gains.com whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of Gains.com. Without limiting the foregoing, any transactions made and accepted within the App where Your Identifiers have been used (and where You have not previously notified Gains.com as provided herein) will be treated as valid.
Only one (1) Account is allowed per person. In the event that Gains.com determines that You have registered more than one (1) Account, then You acknowledge and agree that, in addition to any other rights that Gains.com may have, Gains.com has the right to suspend or terminate Your Account(s), refuse any and all current or future use of the Service, and withhold or revoke the awarding of any prizes.
You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms of Use to allow any other person to use your account to participate in any contest. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.
Your Account is not transferable. Under no circumstances shall You allow or permit any other person or third-party, including, without limitation, any person under the age of eighteen (18), to use or re-use Your Account in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. You accept full responsibility for any unauthorized use of the Service and for any use of Your Account by any other person or third-party in connection with Your Account. Any person found to have violated this section may be reported to the relevant authorities and will forfeit all rewards in their Account. We will not be liable for any loss that You may incur as a result of someone else using Your Account, either with or without Your knowledge, unless You have previously notified Gains.com as provided herein that Your Identifiers are no longer secure and confidential. In the absence of prior notification to Us that Your Identifiers are no longer secure and confidential, You will be liable for losses incurred due to someone else using Your Account.
You must provide all equipment and software necessary to connect to the Website and/or App, including, but not limited to, a computer or Mobile Device (defined below) that is suitable to connect with and use the Website and/or App. You are responsible for any fees, including, but not limited to, Internet connection or data usage fees that You incur when accessing the Website and/or App.
Users may cancel their Account and terminate their right to use the Service at any time by following the Account cancellation instructions within the Service or contacting support@gains.com. If Users cancel their Account, Gains.com reserves the right to collect fees, surcharges, or costs incurred before cancelling the Account. We may suspend or terminate Accounts, confiscate any Account balances in accordance with applicable law, refuse any and all current or future use of the Service (and access to all related entitlements), and/or terminate Users’ limited license to the App at any time, without notice, and for any reason, including, without limitation, for violation of this Agreement, illegal or improper use of an Account, or illegal or improper use of the Service. Gains.com also reserves the right to suspend or terminate Accounts that have been inactive for ninety (90) days or longer. In the event that a User’s Account is terminated or cancelled, the User will have no further access to their Account, or anything associated with it. Users can lose their username and persona in the Service as a result of Account termination or cancellation. If Your Account is suspended or terminated by Us for a violation of the Terms, We reserve the right to determine whether to declare as void any transaction(s) and winnings or other prizes may be voided. In such an event, We use these funds to defray the costs of administration and enforcement of the Terms. If Your Account is subject to a suspension or termination, You must respect the restrictions and limitations imposed on Your Account as part of the suspension or termination, and You should communicate with Gains.com regarding restoration of Your Account only via support@gains.com.
An inactive account is an account, having a real money balance, that has not been accessed for an uninterrupted period of 6 months.
There are several Contests made available on the Service in which You participate for the chance to win prizes. We reserve the right to modify or cancel game(s) and contest(s) at any time without notice to You.
All Contests available to play both on the classic and sweepstakes version of the Service possess their own rules and odds of winning. The individual rules and odds for each Contest will be available to Users once the Game has been launched. It is the User’s responsibility to read the rules ahead of playing and familiarize themselves with all terms of play prior to playing in a Contest.
Winners are determined by the objective criteria described in the Contest deadline, Rules, scoring, and any other applicable documentation associated with the Contest. The Website and Contests may not be used for any form of illicit gambling.
We reserve the right to declare any one play, spin, or other form of participation in a Contest void, either partially or fully, if there is an error, mistake, misprint, or technical error.
Sweeps Play is governed by the Gains.com Sweepstakes Rules and these Terms of Use. All other promotions We may offer from time to time are governed by these Terms. In the event of a conflict between these Terms and GamerGain’s Official Sweepstakes Rules, or promotion-specific terms, the Gains.com’s Official Sweepstakes Rules, or promotion-specific terms, will prevail. For more information regarding Gains.com Sweeps Play, see the Gains.com Official Sweepstakes Rules.
In the event of a dispute regarding the identity of the person submitting or participating in a Contest, the entry will be deemed submitted by the person in whose username the entry was submitted, or if possession of the username itself is contested, the name of the Authorized Account Holder. “Authorized Account Holder” is defined as the natural person who is the age of majority in his or her Jurisdiction of residence and who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration with the Service. By inputting a payment method, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account. It shall be a violation of these Terms for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.
In the event of a difference or discrepancy between the result shown on a User’s screen and the result showing on Gains.com’ software server, the result showing on the Gains.com software server shall be the governing result.
Gains.com reserves the right, in its sole and absolute discretion, to deny any contestant the ability to participate in any contests for any reason whatsoever. Further, Gains.com may, in its sole and absolute discretion, invalidate any contest result for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.
Gains.com also reserves the right to cancel contests, in Our sole discretion, without any restrictions.
Gains.com, in its sole discretion, may disqualify You from a contest or the entire Service, refuse to award prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct Gains.com deems, in its sole discretion, to be improper, unfair, fraudulent, or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information, including payment information, required to use the Service or claim a prize; violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these rules, accumulating points or prizes through unauthorized methods such as unauthorized scripts or other automated means; tampering with the administration of the Service or trying to in any way to tamper with the computer programs associated with the Service; obtaining other entrants’ information and spamming other entrants; and abusing the Service in any way; or otherwise violating these Terms of Use. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent Gains.com from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
If for any reason the Service is not running as originally planned (e.g., if the Website becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Gains.com corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Gains.com reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and Gains.com may select the winner(s) from all eligible entries received. If such cancellation, termination, modification, or suspension occurs, notification may be posted on the Website.
The failure of Gains.com to comply with any provision of these Terms due to an act of God, for example hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Gains.com or other force majeure event will not be considered a breach of these Terms.
Gains.com endeavors to host fair Contests and exercises reasonable efforts to create a level playing field and to detect and prevent cheating. Notwithstanding such efforts, there will be Users who attempt to cheat, and Gains.com does not guarantee that all such instances of cheating will be detected or prevented. Users therefore acknowledge and agree to participate in the Contests at their own risk. Gains.com reserves the right to terminate a User’s Account and ban such individual from future participation in the Contests without notice, forfeiture of winnings, and take any other actions in accordance with applicable state and federal laws if Gains.com suspects that a User is violating these Terms, including, without limitation, committing any of the following actions:
The foregoing actions shall constitute a material breach of these Terms for which offending Users will be liable to Gains.com for any resulting damages. You acknowledge and agree that We shall not be responsible or liable for cheating that is not detected or prevented or for any resulting losses related thereto.
We permit virtual coins to be used for accessing and playing Contests. Two types of virtual coins will be available to Users to play Games on both the standard and sweepstakes platforms: Gold Coins (“GC”) and Sweeps Coins (“SC”).
GC are used to play games in standard social casino gameplay on the Gains.com dice and blackjack. GC have no real money value, are not redeemable for any government-issued currency, and are only intended to enhance gameplay for players playing games in standard social casino gameplay on Gains.com dice and/or blackjack. GC may be obtained for free in various ways such as a daily bonus, a free allotment when the GC Balance is 0, by in standard social casino gameplay, or other methods we may from time to time establish. GC may also be purchased from Gains.com for valid government-issued currency. By purchasing GC, you agree (1) such acquisition is valid and legal in your jurisdiction, and (2) once purchased, GC are not redeemable for any government-issued currency that is, such GC should be treated as a “good” purchased as-is, with no returnable or redeemable value except within the entertaining Service provided by Gains.com, or as otherwise expressly indicated by us.
SCs are only available for gameplay on the sweeps Gains.com dice and blackjack when players elect to play games in sweeps play. SC are not available for purchase like GC are. SC may be obtained in several ways such as a daily allowance provided upon login, as a gift to purchasing GC, by participating in giveaways on social media, or by submitting a Postal Request Card. See the Gains.com Official Sweepstakes Rules for more information on how to collect, use, and redeem SC. NO PURCHASE IS NECESSARY TO OBTAIN SC.
All uses of GC and SC that have been submitted for play and accepted are final and cannot be changed, withdrawn, or canceled.
You may not transfer virtual coins between accounts, or from Your Account to that of another. Further, you may not receive virtual coins from other users into Your Account. Any attempt to circumvent these prohibitions may be grounds for termination of Your Account, without prejudice to any other rights or remedies available to us. We do not recognize any virtual coins transfers executed outside of the Service or the purported sale, gift, or trade in the “real world” of anything related to the Service. Accordingly, You may not sell virtual coins for “real world” money or otherwise exchange virtual coins for value outside of the Service. Any attempt to do so is in violation of these Terms and will result in a ban from the Service.
You agree that We have the absolute right to manage, regulate, control, modify and/or eliminate such virtual coins as We see fit in Our sole discretion, in any general or specific case, and that We will have no liability to You based on Our exercise of such rights. You agree that You have no right or title in or to any such virtual coins appearing or originating on the Service.
The payment medium You use to purchase GC must be legally and beneficially owned by you and must be in Your name. Should We learn that the name used to register Your Account is different from the name associated with your payment medium, Your Account will be immediately suspended. In the event this happens, You must contact Customer Support at support@gains.com.
We reserve the right to request documents and information to verify Your identity and the legal and beneficial ownership of the payment medium You used to purchase GC.
All sales of virtual coins are final, unless at Gains.com’ discretion a refund is deemed necessary for any reason suitable for Gains.com. The purchase of GC constitutes the purchase of a limited license that allows You to participate in the classic social casino gameplay and is not the purchase of funds that may be withdrawn from at any point. You acknowledge, subject to mandatory legislation, that We are not obligated to provide any refunds for any reason.
You acknowledge and agree that all Coins will be forfeited and You will not be entitled to receive money or other compensation for unused Coins when an account is terminated or suspended for any reason, regardless of whether such termination or suspension was voluntary or involuntary, or if we discontinue providing the service or any particular game/contest.
All coin purchases will be in USD. When You purchase coins, it will be added to Your Account instantaneously unless there is any delay due to situations outside our control such as poor internet connectivity, internet failure, or electricity outages. When You purchase coins, it will appear on Your statement as a purchase from GamerGains Labs, Inc. When You purchase coins, You will receive two confirmations: (i) an on-screen confirmation that the transaction has taken place; and (ii) an email to the email address on Your Account confirming that the transaction as taken place.
Contact Customer Support for payment related queries by emailing support@gains.com.
You may only participate in any Game if You possess the sufficient number of virtual coins (depending on mode of play) in Your Account to be eligible to participate. Under no circumstances will We extend You any credit for the purchase of GC.
Once You make a GC purchase, the funds will be drawn from Your elected payment medium as soon as practicable and the purchased GC and any gifted SC if they are included in the purchased GC package, will be added to Your virtual wallet.
Your virtual coin balances will be displayed in your virtual coin wallet. Users will each have two virtual coin wallets on the Website, as applicable, – a wallet for GC and a separate wallet for SC. Users will also have two virtual
Gains.com actively supports responsible social gameplay and encourages You to make use of a variety of responsible social gameplay features so as to better manage Your User Account. We refer You to Our Responsible Social Gameplay Policy for full details.
Subject to the Terms of this Agreement, Gains.com grants Users a limited, non-exclusive and non-transferable license to (i) download, install and use the App solely in connection with the Service on a mobile device owned or otherwise controlled by Users (“Mobile Device”) strictly in accordance with this Agreement and (ii) access and use the Service made available in or otherwise accessible through the App strictly in accordance with this Agreement.
The name of your payment mechanism must match the name of Your Account. If it comes to Our attention that the name You registered on Your User Account and the name linked to Your payment mechanism differ, Your User Account, may be suspended, purchases may be voided and any social gaming currency balance may be adjusted accordingly You must promptly notify Us if Your Payment Mechanism is cancelled, lost or stolen or if the security of your payment mechanism has otherwise become compromised.
You acknowledge and agree that We may, from time to time and without notice, appoint one or more payment agents/processors to process or make payments from or to You on Our behalf.
If one or more your purchases is subject to a chargeback request, Your Account may be suspended. In the event of any chargeback on Your Account, the amount of the chargeback will be a debt owed by You to Us and must immediately submit payment for such purchases through an alternative payment mechanism.
You agree that We and/or our payment agents/processors appointed by Us from time to time may store your payment details to process future purchases. By accepting these Terms, You authorize Us and/or our payment agents/processors to store Your payment credentials in compliance with applicable payment processing regulations.
A payment agent/processor will have the same rights, powers and privileges that We have under these Terms and will be entitled to exercise or enforce their rights, powers, and privileges as our agent or in their own name. In no event will We be liable to You for any loss, damage, or liability, resulting from the payment agent/processor’s negligence and/or acts beyond the authority given by Us.
Users further acknowledge and agree that the App is provided under license, and not sold, to Users. Users do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Gains.com and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the App, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to Users in this Agreement.
Content within the Service, including, without limitation, any technology, software products, accounts, names, logos, graphics, music, and virtual goods are owned and/or licensed by Gains.com and are protected by international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. Gains.com does not claim ownership of intellectual property owned by third parties.
Printing, copying, modifying, downloading, or otherwise using or providing any other person with access to any part of the Service in breach of this Agreement may result in the termination of a User’s Account, prohibition from using the Service, and/or legal action. Content owners may take criminal or civil action against Users for unauthorized use of intellectual property. Users agree to indemnify and hold Gains.com harmless from any unauthorized or illegal conduct by Users or through the use of a User’s Account, via the Service.
Gains.com owns, has, or may register trademarks for its many goods and services, including, without limitation, the associated graphics, logos and service marks and they may not be used without prior written consent of Gains.com. All other trademarks, product names, and company names and logos appearing within the Service are the property of their respective owners.
By participating in the Service, You agree to the use by Gains.com of Your username, statements, biographical information, and city and state address for advertising and promotional purposes of the Service, including, without limitation, the Contests, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without compensation, review or approval rights, notification or permission, except where prohibited by law. We reserve the right to make public statements about the users and winner(s), on the Internet, in promotional materials or otherwise, prior to, during, or following a Contest. You agree that We may announce any winner’s name on the Service at any time in connection with the marketing and promotion of Gains.com.
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Gains.com in connection with Your use of the Service shall be the exclusive property of Gains.com. You agree that unless otherwise prohibited by law Gains.com may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to You.
The Service may contain message boards, chat rooms, profiles, forums, bulletin boards, and other interactive features that allow Users to post, submit, publish, display, or transmit to others content or materials (collectively, “User Content”). All User Content must comply with the Content Standards set out in this Agreement. Users understand and acknowledge that by using the Service, Users may be exposed to User Content that Users may consider to be objectionable and/or inaccurate and that their use of the Service constitutes their acceptance of such risk.
Any User Content Users post on or through the Service will be considered non-confidential and non-proprietary. By posting any User Content on or through the Service, Users grant Gains.com and its respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, sell, exploit, and otherwise disclose to third parties any such material for any purpose, without restriction, and without compensation to Users. Users represent and warrant that: (i) Users own or control all rights in and to their User Content; (ii) Users have the right to grant the license granted above to Gains.com and its respective licensees, successors and assigns; and (iii) all of their User Content does and will comply with this Agreement.
Users understand and acknowledge that Users are responsible for any User Content they submit or contribute, and Users, not Gains.com, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. User Content becomes public information, can be collected, and used by others, and may result in the receipt of unsolicited messages from third parties. We discourage Users from posting any personal information that can be used to identify or locate Users, such as User addresses, e-mail addresses, or phone numbers. IF A USER CHOOSES TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION ON OR THROUGH THE SERVICE, SUCH USER DOES SO AT HIS/HER OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE OR LIABLE TO ANY PERSON OR THIRD-PARTY FOR THE CONTENT OR ACCURACY OF ANY CONTRIBUTIONS POSTED BY ANY USER OF THE SERVICE.
Without limiting the foregoing, Gains.com reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Service. USERS WAIVE AND HOLD HARMLESS Gains.com AND Gains.com PROVIDERS (DEFINED BELOW) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Any use of the Service in violation of the foregoing constitutes a breach of this Agreement and may result in, among other things, Account suspension and/or termination, prohibition from using the Service, and/or legal action. Users understand that any attempt to deliberately damage the Service or undermine any Contest may also be a violation of criminal and/or civil laws and Gains.com reserves the right to fully seek damages and other remedies from any such person permitted by law. If Users wish to report any abuses, inappropriate online conduct, or a violation of this Agreement, please forward all evidence of the same to support@gains.com. Please report responsibly.
Users expressly acknowledge and agree that use of the Service is at their sole risk. Users further acknowledge and agree that the Service is provided on an “AS IS” and “as available” basis. Neither Gains.com nor any of its parents, subsidiaries, affiliates, licensees, licensors, contractors, agents, content providers, vendors, component suppliers (both hardware and software), and/or any third-party who provides products or services purchased from or distributed by Gains.com as well their respective officers, directors, members, managers, representatives, employees, investors or the like (collectively “Gains.com Providers”), warrant that services affiliated with Gains.com, including, but not limited to, the Website, the App, and the contests and services offered thereon, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Gains.com AND THE Gains.com PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Gains.com AND THE Gains.com PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, SECURITY OF THE SERVICE, AVAILABILITY OF ANY GOODS, SERVICES OR OFFERINGS OFFERED ON OR THROUGH THE SERVICE, OR THE INFORMATION, CONTENT, SERVICES, MATERIALS OR PRODUCTS, INCLUDED ON OR THROUGH THE SERVICE.
NEITHER Gains.com NOR ANY Gains.com PROVIDER MAKES A WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICES, PROVIDED ON OR THROUGH THE SERVICE. THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR THROUGH THE SERVICE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. NEITHER Gains.com NOR ANY Gains.com PROVIDER SHALL BE RESPONSIBLE FOR ANY OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, IN ANY INTERACTIVE AREAS OF THE SERVICE) BY ANY PERSON OR ENTITY OTHER THAN AN AUTHORIZED Gains.com REPRESENTATIVE.
NEITHER Gains.com NOR THE Gains.com PROVIDERS GUARANTEE THE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICE OR ANY ASPECT THEREOF. THE OPERATION OF THE SERVICE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF Gains.com AND THE Gains.com PROVIDERS. YOU UNDERSTAND AND AGREE THAT NEITHER Gains.com NOR THE Gains.com PROVIDERS SHALL BE LIABLE TO USERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Gains.com OR THE Gains.com PROVIDERS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER TRANSMISSIONS OR DATA; (III) OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR THROUGH THE SERVICE; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND REGARDLESS OF THE FORM OF THE ACTION, Gains.com’ LIABILITY TO USERS FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY SUCH USER TO Gains.com FOR USE OF THE SERVICE DURING THE TERM OF THEIR REGISTRATION, NOT INCLUDING ANY FEES PAID FOR SERVICES AND/OR PRODUCTS RENDERED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.
IN THE EVENT THAT A USER RESIDES IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO SUCH USER.
We conduct maintenance work on its systems from time to time primarily for the purpose of ensuring security and integrity. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. If possible, Users will be notified of maintenance periods in advance, however, Users hereby agree that We may update the Service with or without notifying Users. We also reserve the right to modify or discontinue operation of any aspect of the Service at any time, including, without limitation, the availability of the App, Website, or any features or content thereon, including without limitation the offering of the Contests. We may also impose limits on certain features and offerings or restrict access to parts or all the Service with or without notice to Users and without liability to Users or any third-party. All problems encountered during the use of the Service, including those with regard to User Accounts, etc., can be reported to Gains.com when the problem is encountered at support@gains.com.
The Service may feature advertisements from Gains.com as well as Our third-party sponsors. Gains.com’ disclosure of information for third-party advertising is addressed in the Privacy Policy. We make no representation or warranty regarding any content, goods and/or services provided by any third-party even if linked to from the Service and will not be liable for any claim relating to any third-party content, goods and/or services. Gains.com is not responsible for their content, business practices, or privacy policies, or for the collection, use, or disclosure of any information those sites and services may collect. Further, the inclusion of any link does not imply endorsement by Gains.com of such sites or services.
The Service may use third-party electronic payment processors and financial institutions (“Payment Processors”) to process payments. The information that We provide to and receive from these Payment Processors and the manner in which such information is used and disclosed is described in further detail in the Gains.com Privacy Policy. Users irrevocably authorize Us, as necessary, to instruct such Payment Processors to handle payments and Users irrevocably agree that We may give such instructions on a User’s behalf in accordance with User requests as submitted through the Service. Users agree to be bound by the terms and conditions of each applicable Payment Processor, and in the event of a conflict between these Terms and the Payment Processors’ terms and conditions, then these Terms shall prevail. Users agree that Gains.com is not liable for any loss caused by any unauthorized use of credit cards or other methods of payment by a third-party in connection with a User’s use of the Service, except as a result of the gross negligence of Gains.com.
As required by California Code Section 1789.3, this notice is to advise Users that (i) the Service is provided by Gains.com, 1209 Orange Street, Wilmington, DE 19801 and (ii) a fee may be charged for certain offerings, including, without limitation, in connection with Service. Gains.com reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to Users. If Users have a complaint regarding the Service or desire further information on use of the Service, please contact support@gains.com.
Users agree to work with Gains.com in good faith to resolve any dispute, controversy, disagreement, or claim (“Dispute”) arising out of or relating to this Agreement or their use of the Service before escalating the Dispute to binding arbitration or litigation, as addressed below. Users must give Gains.com an opportunity to resolve the Dispute by sending written notification to support@gains.com with the subject line “DISPUTE”. The written notification of Dispute must include: (i) the User’s name and address; (ii) a written description of the Dispute; and (iii) a description of the specific relief the User seeks. The parties agree to use their best efforts to resolve Disputes using this Initial Dispute Resolution process.
By entering into this agreement, You agree that all Disputes between You and Gains.com that cannot be resolved through Gains.com’ Initial Dispute Resolution procedure shall be resolved exclusively and finally by binding arbitration conducted in Wilmington, Delaware before a single arbitrator in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and expedited hearing procedures or JAMS. The laws of the State of Delaware shall be applied in any arbitration proceedings, without regard to principles of conflict of laws. EXCEPT AS OTHERWISE PROVIDED BELOW, NO DISPUTE MAY BE BROUGHT AS A CLASS ACTION AND YOU DO NOT HAVE THE RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS ACTION WITH RESPECT TO ANY DISPUTE.
You further agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The arbitrator’s decision shall be final and binding on You and Gains.com and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs in connection with any arbitration proceedings. The parties shall equally share the fees of the arbitration and the arbitrator. The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1 (800) 778-7879.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. USERS AND Gains.com AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
YOU HAVE THE RIGHT TO OPT-OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). Users may opt-out of these provisions by mailing written notification to Gains.com, Attn: Opt Out, 25 SE 2nd Ave Ste 550 #802, Miami, FL 33131. The written notification must include: (i) the User’s name and address and (ii) a clear statement that the User does not wish to resolve disputes with Gains.com through binding arbitration. A decision to opt-out of these provisions will have no adverse effect on the User’s relationship with Gains.com. If Users opt-out of these provisions, Gains.com also will not be bound by them. ANY OPT-OUT REQUEST RECEIVED AFTER THE OPT-OUT DEADLINE WILL NOT BE VALID AND USERS MUST PURSUE THEIR DISPUTE THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT.
Users agree that no joint venture, partnership, employment, or agency relationship exists between Users and Gains.com as a result of this Agreement or their use of the Service. Users agree not to hold themselves out as representatives, agents, operators, distributors, or employees of Gains.com and Gains.com shall not be liable for any of their representations, acts, or omissions. Users also agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
We may assign its rights and obligations under this Agreement and/or the Gains.com Privacy Policy, in whole or in part, to any person or entity at any time with or without the Users’ consent. Upon such assignment, We may be relieved of any further obligation hereunder. Users may not assign or delegate any rights or obligations under this Agreement or the Gains.com Privacy Policy without Gains.com’ prior written consent, and any unauthorized assignment and delegation by Users is void and ineffective.
Users agree that they shall not circumvent or attempt to circumvent these Terms or the Service or otherwise interrupt or attempt to interrupt the operations of Gains.com (collectively, a “Circumvention Act”). If Gains.com determines, at its sole discretion, that Users have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Service, then, in such an event, We reserve the right to institute civil or criminal proceedings against such Users and to report such Users to the relevant regulatory authorities.
Users further agree to indemnify, save, and hold harmless Gains.com and the Gains.com Providers from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of their use or misuse of the Service, any violation by Users of this Agreement, or any breach of the representations, warranties, and covenants made by Users herein. We reserve the right, at the Users’ expense, to assume the exclusive defense and control of any matter for which the Users are required to indemnify Gains.com, and Users agree to cooperate with Gains.com’ defense of these claims. We will use reasonable efforts to notify Users of any such claim, action, or proceeding upon becoming aware of it. Users agree that the provisions in this paragraph will survive any termination of their Account or of the Service.
We shall not be liable for any delay or failure to perform resulting from unforeseen circumstances or causes outside its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Nothing in these Terms will be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between You and Us.
No failure or forbearance on Gains.com’ part to exercise its rights or insist upon performance of obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid, and enforceable while as nearly as possible reflecting the intent of the parties as expressed in this Agreement, or, if such amendment is impossible, severed from this Agreement. No amendment or severing of any provision of this Agreement shall affect the validity or enforceability of any remaining provisions.
These Terms constitute the entire agreement between Users and Gains.com with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms or the Gains.com Privacy Policy will be effective only if in writing and signed by Us.
We reserve the right to amend these Terms, or to implement or amend any procedures, at any time. Any amendments will be published on the Service and such changes will be binding and effectively immediately.
We may publish additional policies related to specific services such as Contests, Games, or promotions. Your right to use such services is subject to those specific policies and these Terms.
Gains.com may notify Users via postings in the Service, via e-mail and/or any other method of communication to the contact information Users provide to Us. All questions, complaints, or claims pertaining to the Service as well as any notices given by Users or required from Users under these Terms or the Gains.com Privacy Policy shall be in writing and directed to:
GamerGains Labs, Inc
25 SE 2nd Ave Ste 550
#802
Miami, FL 33131
Phone: +1 (754) 247-6813
E-Mail: support@gains.com
Any notices Users provide that do not comply with this Section 19 shall have no legal effect.
Gains.com’ performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Gains.com’ right to comply with governmental, court, and law enforcement requests or requirements relating to use of the Service or information provided to or gathered by Gains.com with respect to such use.
THE SECTION TITLES IN THESE TERMS OF USE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
Please visit this page regularly for updates to these Terms of Use.
At any time, you may contact us with any questions, requests, comments, or complaints that you may have with respect to the Service or these Terms, at: support@gains.com.