Terms and Conditions
Gaimin is a software platform company that develops software and services to enable a gamer to monetize their computer’s resources. The platform connects the gamer’s computer resources (currently these include the GPU and CPU) to the “Gaimin.AG Processing Power Supply Network” which then directs this processing power to monetization options such as: validating transactions on the blockchain, capturing, rendering, and streaming ultra high-resolution photo-realistic computer generated digital media. The company’s core initial product offering is primarily it’s blockchain validation module. Current developments include a module to harvest gamers’ GPUs for rendering film, games, architectural modeling, and product design. Future planned product upgrade details can be found in the documentation on our website www.gaimin.gg
Accepting these Terms
Please read these Terms of Service, carefully before using the Gaimin.AG platform and/or the other domains, products, services, and/or content provided by Gaimin.AG. By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you shouldn’t and aren’t permitted to use the platform or Services.
We will never charge you. Your ‘fee’ will be taken from any rewards that are earned by providing us with your computer’s resources
You can request to deactivate and/or delete your account by navigating to the platform’s user dashboard and contacting our support. If your account is deactivated, it will be automatically scheduled to be deleted typically after 90 days. An account can be recovered at any time before it is deleted.
Purchases of any paid products or services on our Marketplace are final and non-refundable. We ask that you keep good records of your receipts at all times, and that you double check before making any purchases. Your payment activity is your responsibility. Termination of your Account or your rights under this Agreement may result in forfeiture of existing paid services.
Users are rewarded for their contribution to the Gaimin.AG Processing Power Supply Network in accordance with the Gaimin rewards plan. The latest version can be found on the Gaimin.gg website
Alternative GMRX Payment Options
We understand that not all users will be able to contribute enough time or hashrate and so we offer the opportunity to purchase GMRX tokens.
To do this, we offer a few different alternative payment options.
i) directly from Gaimin.io through our internal system.
iii) any and all exchanges where GMRX tokens are listed. See Exchange Listings below or contact us for up to date information.
Taxes are a fact of life. Depending on where you live, you may or may not have to pay taxes on rewards and/or purchases made through our marketplace. Your personal tax situation is your full and sole responsibility. Gaimin expects you to be fully tax compliant, and you agree to fully indemnify Gaimin from any possible tax liabilities you may incur.
Support & Contacting Gaimin
We have created a support area to help you create and maintain your account. You can visit it on our website. We are always working to improve its content. You can also contact us through the support option in the platform.
Gaimin Community Forums
We plan to develop community forums. When ready you can visit these forums to ask questions about the platform.
If you experience any technical difficulties, or simply have a question, you can contact our support team.
For business or marketing purposes, we can be contacted at [email protected].
When you contact us via the support option within the platform, our system will automatically create a support ticket for your request. There are a few things you can do to make sure that your ticket is quickly and efficiently answered:
— Make sure that the title for your ticket is both specific and short. You want us to be able to know what your issue is at a glance. We have support staff with different specialties and areas of expertise, so the quicker we can identify who you need to talk to, the quicker you can talk to them!
— Support tickets with titles like “HELP” do not get answered more quickly than others. If anything, creating a generic title like this may actually delay your ticket response time.
— The actual ticket should be easy to read, but contain as many details as possible that are relevant. Screenshots, video recordings, or detailed instructions on how to reproduce bugs go a long way to making sure we understand exactly what your problem is.
—At this time, we can only answer tickets that are in English. We understand that many users on our system may not be first time English speakers, but we ask that you try your best! If we have difficulty understanding you, we will patiently work to ensure that you can get your point across in a reasonable manner.
The average wait time for most tickets varies depending on the time of day and day of the week it comes in. You can expect a response within a day in most circumstances, even if it is simply a notification from a human support staff member that you might have to wait a bit longer. We try to answer urgent tickets more quickly than feature requests and general inquiries.
Your content and licenses to your content
Note: This section makes heavy use of the term “Content”. Content is anything that you have authored. This means comments, suggestions, photos, videos, music, sounds, images, text, files, logos, trademarks, posts, code and messages. In a nutshell, Content is what you’ve made and uploaded, transferred, or shared.
Note: This section makes heavy use of the term “Data”. Data means the information gathered from you when you register for your account (Including your IP address), profile data and Content added by you.
When you upload Content or Data to your account, the platform, the Gaimin Marketplace or any part current or future of the Gaimin ecosystem, you keep ownership of whatever you actually own. We don’t claim that we own any of your Content or Data. You can continue to use your Content in any way you choose, as long as it does not violate any other terms in this agreement. You can cancel and delete your account with us, but some Content associated with it may not be fully removed.
Keeping the above in mind, you also agree to give us permission to use, access, store, cache, publicly perform and publicly display your Content and Data. This permission is non-exclusive, worldwide, and royalty free. This permission is given to us so that we can do the following with it:
A) Make your Content and Data available anywhere in the Gaimin ecosystem in different types of media. In other words, so that we can let you display your profile avatar, make posts on your forums, and write news & blog articles in addition to any other way your Content and Data can be made available;
B) Use your Content and Data to analyze the way that you interact with our platform, so that we can market ourselves to you and users like you, and better ourselves as a business.
You give us this permission while keeping in mind that any of your Content or Data you contribute to our ecosystem may stay in the ecosystem in some form for a reasonable amount of time, especially for back-up and account restoration purposes.
You are also aware that if we remove any of your Content in response to a DMCA takedown notice or because it violates our Terms of Service, we can use or recreate it in any way we need to. The most common reasons for this would be if a court or lawful body subpoenas us, or if we are required to by law enforcement agencies and governments. We may also do this to protect our own rights or the rights of individual users or our general user base.
You have certain responsibilities to your Content and Data. You are responsible for making sure you actually own all the rights to your Content and Data, including the right to give others permission or license to use it. You are also aware that we can’t guarantee that your Content or Data is private or confidential once it is on our platform.
You understand that, even if you delete your account with us, any of your Content or Data might remain on our platform in some form, or unforeseeable ways like on other users’ profiles, or different features like forums and news & blogs.
You also agree that we can talk about you or share you, your Content, or your Data in material like case studies, promotions, presentations, and press releases. An example would be a “rewards” post, where we showcase Content and/or data.
We try our best to ensure that all Content and Data on our platform is safe to view for the general public. You understand that we may filter or refuse to accept any Content or Data you post, display, or transmit on or through our ecosystem. With this in mind, we cannot be expected to filter or refuse to accept any Content or Data in an obligatory manner. If we choose to do this, we can do so with or without notice and without liability of any kind.
If a user account is removed from our platform, the Content in it might also be deleted by our choice. Please be aware that this is a possibility at any time. Also be aware that we are not required to keep any backup copies of Content or Data once it is deleted. We make a good effort to safely store your content, but cannot guarantee that this will always or even ever be the case.
While you are in agreement with these terms of service, we give you a limited, nonexclusive license to use the Gaimin platform so that you can create a user profile. This license is non-sublicensable and non-transferable, meaning you cannot give it to any other user or third party unless specifically authorised by Gaimin.io. We can remove this license from you at any time. You agree that you have no expectation for additional rights from us regarding our platform.
You agree that we own all rights, titles, interest and intellectual property rights in and to the Gaimin platform. Below are a list of important restrictions to how you may use our platform. You may not personally perform, or allow any other user or third party to perform, any of the actions listed below, unless specifically agree to by Gaimin.io:
— Run, rent, lease, loan or sell access to our platform or marketplace;
— Decompile or reverse engineer or attempt to access the source code of the software underlying the Gaimin platform;
— Copy, archive, store, recreate, rearrange, change, update, download, create works inspired by, display, distribute, redistribute or disseminate any of our technology;
— Access our platform to build a product using similar ideas, features, functions, interface or graphics to those on the Gaimin platform;
— Access (or attempt to access) any service on our platform by any means other than as permitted in these terms of service;
— Circumvent, disable or otherwise interfere with security related features of our platform or features that prevent or restrict use or copying of any content or third party content or enforce limitations on use of our platform or the content and third party content in it;
— Access our platform or Marketplace to upload your code or content to cause a breach of security to the platform or Marketplace or interfere with the proper working of our platform or prevent others from using our platform;
— Scan, or test any platform or Marketplace (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures;
— Delete the copyright or other proprietary rights notice on the Gaimin platform;
Our goal is to give you, as an account holder, a lot of creative and administrative control over any features within your account on the platform. With that in mind, we also have safeguards and certain policies in place to protect you, ourselves, and any users on our platform.
By being an account holder, you’ve made a promise that you will not intentionally cause technical issues on our platform
As an account holder, you agree to all of the following:
— You will not knowingly collect any information from children under the age of 13. You will also not create any sort of content that intentionally targets them as an audience.
— We can close the account of any user on our platform. Reasons for termination are listed in these terms of service.
— You will not try to lead users into thinking that your Marketplace is an official Gaimin Marketplace or that it is sponsored or endorsed by us without our direct, written permission.
— You are the “master of the castle” to an extent. We are not obligated to watch your Marketplace for bad user behaviour or content, but we do reserve the right to do so.
— You are aware that we may place code like web cookies in your Marketplace’s pages for our own marketing, anonymous traffic and affiliation tracking reasons. These cookies are an industry standard, and help us to make the Gaimin platform a more useful environment for all users.
— We reserve the right to remove, make copies of, and release any information or content from your Marketplace or any user account for the following reasons:
— A government or other lawful body gives us a court order to;
— We suspect that you or users on your Marketplace are violating our terms of service and we are investigating the matter;
— We are trying to detect, prevent, or fix issues concerning fraud, security, or bugs and other technical issues;
— We are responding to user support requests or a support ticket either from you or a member on your Marketplace;
— We are protecting the privacy of a member on your Marketplace;
— We are protecting the property and rights of a user, member of your Marketplace, or ourselves;
— We are investigating or defending ourselves against claims and allegations from a third party, like a copyright holder.
— You will not harvest any email addresses from users on your Marketplace with the intent to send them an email which violates relevant laws or these terms of service.
You are responsible for managing your visitors and the way they interact with your Marketplace. You are also responsible for making sure that your visitors follow our rules and that you will handle agreements between you and your visitors without our help. Of particular note is our Marketplace which allows you to sell items or content to your visitors. Any purchases are between them and you, which means that you are responsible for making sure that you are paid.
In order to access the platform you may either be issued a unique username and password or be requested to select your own username or password. Where you are requested to select your own password you must not select one which is unsuitable. Unsuitable passwords include number combinations that may be easily guessed and other numbers easily connected with you.
In all cases you must safeguard your password.
All your passwords are personal to you and you must:
(a) at all times maintain the confidentiality of each password and not disclose any password to any third party;
(b) only use a password for the purpose for which it was intended; and
(c) ensure that no one can see you entering your password.
You must immediately notify Gaimin of any actual or possible:
(a) disclosure of your password to any other person as soon as you are aware or suspect that your password has been disclosed; and
(b) unauthorized access to this platform or any Service as soon as you suspect or become aware of that unauthorized access.
You must immediately change your password:
(a) as soon as you are aware or suspect that your password has been disclosed; or
(b) you suspect or become aware of any unauthorized access to this platform or any Service.
You are solely responsible for any use of this platform or any Service by any person using your password. You indemnify Gaimin against any and all claims arising out of your failure to:
(a) maintain the confidentiality of your password;
(b) take all reasonable steps to prevent disclosure to any person when entering your password;
(c) unreasonably delaying notification to Gaimin of the actual or possible disclosure of your password or unauthorized access to this platform; and
(d) leaving a computer unattended when logged on to this platform.
Your password, and therefore further use of the platform, the Marketplace and/or Services, may be cancelled at any time you are in breach of these Terms.
When you create your account, you get the option of adding KYC and AML for withdrawal of your rewards
You are not allowed to log onto another user’s account. You should never give another user or third party your own account login information. You are liable for any issues caused by the use of your account. Any damages done to your site, your reputation, or our platform would be your responsibility. Please be very careful with your identity and account credentials.
The Internet connection required to use the platform, and any associated charges (e.g. mobile data expenses) incurred by your use of the platform are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the platform, requires an online (e.g. Wi-Fi, 3G, 4G,5G etc.) connection between your PC or cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.
Changes to the Gaimin Platform
Gaimin is an evolving platform. Gaimin launches new Services and features all the time, so we require the flexibility to make changes, impose certain limits, and sometimes terminate certain features.
We reserve the right to change, end, or stop providing the Gaimin platform at any time, with or without notice. We make regular updates, many of which are not publicly announced. These are done to improve the platform stability, add new features, and give us time to do regular maintenance. We are not liable for any situation where we modify, suspend, or discontinue a part of or the entire platform.
Development and Suggestions
Over time, we may develop new features, software, content, or services – any of which could be similar to your own work. You agree that nothing in our agreement obligates us to give you credit or compensation for any such items.
We provide you with several ways to give us feedback and make suggestions to us. If you ever choose to provide us with feedback, then you agree that we may use it any way we wish without owing you compensation or credit for it.
Your interactions with other users
The way you interact with other users is your responsibility alone. The Internet can have individuals on it that are dangerous or unwanted – we encourage you to take care with any dealings with other users or third parties. We are not obligated to become involved if you and another user or other third party are having a dispute.
Your transactions with other users and third parties are your responsibility. Please use caution and good judgment when dealing with other parties. If you have a dispute concerning charges or the delivery of goods with another user, we have no obligation to become involved.
You release us of any claims, demands, and damages of any kind that might occur during interaction with another user or third party. We keep our platform fairly secure, but at the end of the day, it is up to each individual user to look after their own best interests.
Advertising on the Marketplace
Should we allow any advertising in our ecosystem, YOU AGREE THAT GAIMIN WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON YOUR MARKETPLACE.
Acceptable Use and Conduct
You, and you alone, are responsible for your behaviour, your account, your code, your content, and the behaviour of your account. We strive to keep our platform safe and enjoyable for everyone using it. Using our platform for any illegal or harmful activities is not allowed.
You will not post, message, or make available any content to users or use the Gaimin Platform:
— In a way that violates or abuses any third party’s intellectual property rights or other proprietary rights or contractual rights;
— In any way that results in viruses or other harmful malware, files or programs designed to interrupt, damage or limit the way any software or hardware or telecommunications equipment functions.
— To engage in spamming, “chain letters,” “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these terms of service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other users whether on or off the Gaimin platform in connection with your account;
— In a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
— In a manner that is libellous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another’s privacy;
— In a manner that is harmful to minors in any way;
— In a manner that is hateful or discriminatory based on race, colour, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Gaimin;
— To impersonate a Gaimin employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to an account or the Gaimin platform without authorization;
— To interfere or attempt to interfere with the proper working of the Gaimin platform or prevent others from using the Gaimin platform, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Gaimin platform, or that otherwise negatively affects other persons’ ability to use the Gaimin platform;
— To use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user’s account or to monitor or copy the Gaimin platform or the content contained therein;
— To facilitate the unlawful distribution of copyrighted content;
— In a manner that includes personal or identifying information about another person without that person’s explicit consent;
— In a manner that employs but not limited to misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Gaimin platform or to users;
— In a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.
— You agree and accept that these terms and conditions apply to all parts of the GAIMIN ecosystem, including but not limited to the downloadable platform, platform marketplace, website(s), mobile application(s), desktop application(s), software, customer portal, GMRX token offering platform, back office, dashboard or and any other directly owned or third party platform used in the GAIMIN activities, including both GMRX token sales and GAIMIN platform user activity.
Additionally, you agree not to:
— “Stalk” or otherwise harass anyone;
— Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
— Use any profanity or the description or name of any illegal activity in the name of your account, the Gaimin ecosystem or the Marketplace (as defined below);
— Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on Gaimin’s infrastructure;
— Create a user account for the purpose to advertise for your commercial or non-commercial business or services without our express permission;
— Place any advertisements; unless otherwise agreed
— Use our support system for any reason other than to make helpful, meaningful
— Try to incite other users to commit unlawful or harmful acts, intimidate or threaten other users, or distribute private data or information (Like IP addresses);
— Use the services we provide to you in order to gather or datamine information on other users, including their private information, IP address, or other network profile data.
— Attempt to gather and distribute any private information on any other user, including their address, name, IP address, place of residence or work, or age, gender, or any other private information without their explicit permission;
— Act in a manner where the intent is to bring harm or disruption to a website or its community, including deleting modules, pages, and content from the Marketplace without reason and/or abusing administrator or special user tag privileges given to you in good will;
— Use the name “Gaimin” as any part of the name of your account or on the Marketplace;
— Post any content containing child pornography to any account or on the Marketplace. We will never allow any instance of this, and will promptly report any suspected instances of child pornography (Including the network data relevant to the case) to law enforcement and government bodies;
— Post any content that we determine depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
— Post any content that Gaimin determines constitutes pornography, contains nudity, or is adult in nature.
— Create an account for the purpose of “squatting”. This means that you will not create an account just to prevent other users from using it.
— Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from accounts and the Gaimin platform – except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or “well-behaved” web services/RSS/Atom clients. We reserve the right to define what we mean by “well-behaved”;
— Attempt to gain unauthorized access to Gaimin’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Gaimin platform;
— Use the Gaimin platform as a generic file hosting service;
— Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Gaimin platform.
— Collect, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of the Gaimin platform, or to proxy authentication credentials for any member of the Gaimin platform for any purpose, including automating logins to the Gaimin platform;
You agree that you will not allow or encourage any third party to use our platform or any account to commit any of the acts listed above. You also agree to immediately notify us if you violated or are accused of having violated any portion of this agreement.
Be aware that we handle every instance of violations or alleged violations of our agreement on a case-by-case basis. We reserve the right to act or refuse to act on any infringements or violations in the way we see fit. We can terminate your account and your relationship with us at any time. We are not, however, obligated to follow any leads or reports of violations. We are also not obligated to enforce this agreement or punishments for violations of it in any case. That said, if we choose not to enforce our rights in this agreement, we may still continue to do so for any instance of violation.
Violations of our agreement can result in any of the following happening:
— We may issue you a warning and demand that you fix your violation;
— We may disable certain portions of your access to our platform;
— We may delete content, data, artwork, or code that you have added to our platform;
— We may entirely ban you from accessing our platform;
— We may delete your account entirely from our platform, at no liability to you.
This list is not exhaustive. As stated above, every situation is handled on a case-by-case basis.
Our trademarks, logos, images, service marks, trade names and other distinctive branding features are used on our platform. We do not give you a license to use any of these, and you may not use them without our permission. There may be trademarks, logos, and trade names from other groups on our platform; these are the property of their respective owners.
Gaimin Ownership Rights
You agree that we own all rights, titles, interest and intellectual property rights in and to the Gaimin platform. Any rights that we do not specifically list are reserved by us. When you use our platform you agree that you will obey all copyright notices, rules, information or restrictions listed in any part of our platform. You must not change, delete, or hide any of our copyrights, trademarks, patents or legal notices on our platform. This includes notices in any data or content you download, transmit, display, print, or recreate from or by using the Gaimin platform.
Third Party Content
Our platform may contain features and functions that link to third party websites, servers, directories, systems, networks or any other kind of third party hosting or hosted content. Anytime you access this content, what you do with it is between you and the provider of that content. We do not endorse or support any third party content, and cannot be held responsible for what is contained on external systems. Please make sure that you familiarize yourself with the safety and reputation of any third party links that you click or otherwise access, and that you take the appropriate steps to back-up your data, protect your privacy, and guard yourself against viruses, malware, scams or other types of risks that can be found on the Internet.
We may also sometimes use code, content, or themes from platform users, third parties, or advertisers. Having third party content on our platform does not mean that we endorse, are affiliated with, or support it. We do not have control over third party content – so we cannot offer any promise concerning whether it works well, is accurate, or legal. We reserve the right, but are not obligated, to filter or refuse to accept any third party content. Making sure that third party content is safe for you is your own responsibility.
There may be links or URLs to third party content, networks or systems to other websites. Third party websites are not a part of our platform in any way, and we imply no affiliation or endorsement by having them on our system. We expressly disclaim any responsibility for what happens on third party websites. Please be aware that accessing them may (but not necessarily will) endanger you, your privacy, and your computer or hardware. Take every precaution that you need to in order to make sure that you are adequately protected from the dangers of the Internet.
ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
Representations and Warranties
By using our platform, you agree to all of the following:
— You will obey all applicable local, state, national and international laws when connecting to and using the Gaimin platform;
— You have the right to grant Gaimin the appropriate licenses to your Content, Code, Art (For themes and other resources), and Data;
— Your Content, Code, and Art will not violate any copyright or ownership laws and will not infringe anyone’s intellectual property, trademark, patent, trade secret, privacy rights or any other rights.
— Your Content, Code, and Art will not slander, defame, libel or invade the right of privacy and publicity for anyone.
— None of your Code will contain any malware such as viruses, trojan horses, trap doors, back doors, worms or any other “bad”, damaging, or harmful programs that will interfere with or damage our platform.
— None of your Code will intercept, decompile, or use any user’s personal information on the Gaimin platform.
In a nutshell, you’ll use our platform the way it’s supposed to be used. The appropriate way to use it is described with each individual feature, as well as in these terms of service.
Gaimin’s Relationship with Users
You agree that we can end your relationship with us at any time. This means that we can cancel your account, delete any content or data you’ve added, and remove your ability to access our platform in any way. We can do this without telling you beforehand, and without any liability to you. These kind of actions would most likely occur, but aren’t necessarily limited to, any situation where you violate our terms of service. You also agree that we can message you for any reason.
Our platform will collect some data from you when you use it. This includes general information like what Gaimin websites you visit, what forum posts you’ve read, and whether you are online or offline at the time. Our system also logs the last IP address you were logged in from. We do not disclose this information to any other users. Finally, we do collect some data when you first sign up, like your email address.
As an account holder, you agree that you will obey all laws concerning your data, and that you will be sure to make a reasonable effort to protect the privacy of others. You are aware that we might be asked by users or someone acting on their behalf to change or delete any personally identifiable information related to their account.
Please be aware that we are not obligated to keep back-up copies of platform or Marketplace data once it is deleted. We also do not make any promise that your data will be safely stored on our platform. You should make backups of your own when possible.
Disclaimer of Warranties
We cannot be held responsible or liable for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in or accessible through the Gaimin Platform. We are not responsible for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We are not responsible for any harm that might come from downloading or accessing any information or material on the Internet through the Gaimin Platform.
THE GAIMIN PLATFORM, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE GAIMIN PLATFORM ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. GAIMIN, ITS SUPPLIERS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. GAIMIN, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE GAIMIN PLATFORM. GAIMIN, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE GAIMIN PLATFORM. GAIMIN, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE GAIMIN PLATFORM OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE GAIMIN PLATFORM, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE GAIMIN PLATFORM.
YOU UNDERSTAND AND AGREE THAT (A) THE GAIMIN PLATFORM WILL NOT BE UNINTERRUPTED OR ERROR-FREE, (B) THERE IS NO WARRANTY OR GUARANTEE THAT THE GAIMIN PLATFORM WILL OPERATE AT ANY MINIMUM DATA TRANSFER SPEED (C) GAIMIN HAS NO CONTROL OVER THIRD PARTY NETWORKS OR SITES YOU MAY ACCESS IN THE COURSE OF YOUR USE OF THE GAIMIN PLATFORM, AND (D) YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE GAIMIN PLATFORM AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GAIMIN OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE GAIMIN PLATFORM (INCLUDING THROUGH SUPPORT SERVICES OR PROFESSIONAL SERVICES) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
You agree to indemnify, defend, and hold harmless Gaimin, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, third party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to:
— Your Code, your Content, and your Data;
— Your artwork and your account;
— Your use of any code or features that are not ours;
— Your use of, or connection to, our platform or any services offered by us;
— Your use of our support services;
— Your misuse of any of the above. We are not liable if you use our platform incorrectly or correctly;
— Your breach or alleged breach of this agreement;
— Your violation of any rights (including copyrights, intellectual property rights, and trademarks) of any third party;
— Your use or misuse of any user’s data or the Marketplace’s data;
— Your violations (alleged or actual) of any agreements between you and any other users.
Limitation of Liability
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL GAIMIN OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF GAIMIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE GAIMIN PLATFORM.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN GAIMIN (INCLUDING THIRD PARTY APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE GAIMIN PLATFORM OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
Terms of Service Amendments
We reserve the right to make changes to this agreement at any time, even without letting you know beforehand. Any changes are immediately effective. Please be sure to check this agreement regularly to see if there have been any changes. By continuing to use our platform, you agree that you accept any changes made to these terms. The date that appears at the top of this page shows the last time any changes were made to it.
Term and Termination
This agreement stands as long as you have an account with us. If your account is closed, then some portions of this agreement will no longer be in effect. We will not continue to provide you with our services, but you will still be expected to obey our rules and regulations.
We have the right to close your account at any time, as well as delete your account and/or any content you may have added to our platform. This can be done with or without us notifying you beforehand, and without us having any liability to you. If we close your account, or you close it yourself, then we have no obligation to provide you with a refund for any rewards.
You can request to cancel your account with us at any time by contacting our support.
Please be aware that if your account is closed, any or all of the following things may happen:
— You will no longer be able to access your account;
— Your content, code, data and themes will be deleted;
— We will not keep back-ups of your content, code, data, or artwork;
— We will not provide refunds for any unused paid time or other rewards, fees or purchases;
— We will not help you move your data, code, artwork, or content from our platform to your personal disc space or any other system;
— We will block your email address or IP address from accessing our platform;
All the licenses granted by Gaimin shall terminate upon any expiration or termination of this agreement and Gaimin will have no obligation to provide you with access to any product or service after the termination of these Terms of Service.
Governing Law and Jurisdiction
These Terms must be interpreted and governed and construed in accordance with Gaimin’s Place of Business Registration exclusive of its choice of law principles. If a dispute arises out of or relating to this Agreement, it must be subject to the exclusive jurisdiction of the courts of Gaimin’s Place of Business Registration and each party hereby consents to the jurisdiction and venue of such courts.
Relationship of The Parties
You, third parties, and we are all independent parties with respect to each other. This agreement does not mean a partnership between us and you or any third party. It also does not constitute a joint venture or an employment relationship. You agree that Gaimin has no special relationship with or beneficiary duty to you. No parties in this agreement (Including us, you, and any third party) have the right to enter into an agreement for or on the behalf of any other agreeing party. No parties in this agreement may become involved in a situation that results in obligation or liability of any other agreeing party.
Copyright Infringement / DMCA Compliance
We make it a habit of complying with the Digital Millenium Copyright Act. We may remove any content, code, art, or data that you add to our platform if it is allegedly in violation of any portion of the DMCA, or if it infringes on the copyrights of others. This may be done without any liability to you. To avoid these issues, make sure that you own the copyrights to all things you upload, add, or transmit to or through our system.
We may close the account of any user and prevent their access to the Gaimin platform, including access to any website, if the user repeatedly violates our copyright policy. In most cases, if more than two different third parties send us a legitimate notice of copyright infringement, we may consider a user a repeat violator. We do, however, reserve the right to close any account at any time, even if the user only violates our copyright policy once.
Please note DMCA Notice and Counter Notice are regarded as being an “unsworn declaration”, signed under penalty of Perjury (as prescribed under Title 18 USC § 1621); that is, to make a false statement of fact, or in other words to ‘lie’ (this includes, but is not limited to, using false or fake credentials, contact details or identity information as well as, or alongside, any false claims in the notice), is a felony crime which carries a fine and/or imprisonment as potential punishment.
Upon receipt of Notice as described below, Gaimin will take whatever action, in its sole discretion, it deems appropriate.
Reporting Copyright Infringement
Send a notice of copyright infringement containing the following information to the Designated Copyright Agent:
— Identification of the work or material being infringed.
— Identify the material or link you claim is infringing and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
— Contact information for the notifying party, including full name, address, telephone number and email address. Please note our copyright agent may call you to confirm your full name, address and telephone number.
— Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
— A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed. Deliver this Notice, with all items completed, to Gaimin’s Designated Copyright Agent:
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Gaimin by providing the following information to the Designated Agent at the address below:
— The specific URLs of material that Gaimin has removed or to which Gaimin has disabled access.
— Your name, address, telephone number, and email address.
— A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
— The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
— A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed. Upon receipt of a valid counter-notification, Gaimin will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Gaimin does not receive any such notification within ten (10) days, we may restore the material to the Services.
ADDITIONAL INFORMATION FOR EUROPEAN UNION USERS
Controller, Data Protection Officer and EU Representative
Legal bases for processing
We only use your personal information as permitted by law. We are required to inform you of the legal bases of our processing of your personal information, which are described in the table below. If you have questions about the legal basis of how we process your personal information, contact us at [email protected]
Use for new purposes
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
European data protection laws give you certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:
- Opt-out. Stop sending you direct marketing communications. You may continue to receive Service-related and other non-marketing communications.
- Access. Provide you with information about our processing of your personal information and give you access to your personal information.
- Correct. Update or correct inaccuracies in your personal information.
- Delete. Delete your personal information.
- Transfer. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
- Restrict. Restrict the processing of your personal information.
- Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.
You can submit these requests by email to [email protected] or our postal address provided above. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here (http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm).
Cross-Border Data Transfer
If we transfer your personal information out of the European Economic Area or Switzerland and are required to apply additional safeguards to your personal information under European data protection legislation, we will do so. Such safeguards may include applying the European Commission Model contracts for the transfer of personal data to third countries described here (https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en#international-data-transfers-using-model-contracts), or for transfers to third parties in the United States, ensuring they participate in the EU-U.S. Privacy Shield Framework or Swiss-U.S. Privacy Shield Framework. Please contact us for further information about any such transfers or the specific safeguards applied.
Cookies and Similar Technologies Notice
Last Updated: January 30, 2019
Cookies are small data files stored in your browser by a website. They transmit information about your use of the site to its operator or to third parties that placed the cookie. Some cookies are “session cookies” that expire when you close your browser, and others are “persistent cookies” that stay on your computer or mobile device until you delete them.
Our sites and applications use both session and persistent cookies to enable you to sign in and use our sites and applications, store your preferences and settings within them; analyze how they perform, personalize your experience with them, provide interest-based advertising, facilitate social media interaction and for other lawful purposes. We may also use other similar technologies for these purposes, such as web pixels that track browsing activity, social media widgets that facilitate interaction with social media platforms, unique device identifiers, and third party software embedded in our mobile applications. In some cases, these cookies and similar technologies are used by third parties.
The cookies and similar technologies used in our Site are as follows:
Disabling cookies. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org. If you do not accept our cookies, you may experience some inconvenience on our sites. For example, you may not be able to store preferences in our sites. If you disable cookies, certain features of our website may not work.
For more information about targeting and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative’s opt-out page, the Digital Advertising Alliance’s opt-out page, or http://youronlinechoices.eu.
Limiting mobile application tracking. Most mobile devices provide settings that will let you limit collection of your information for advertising. To learn more see http://www.networkadvertising.org/mobile-choice.
Last Modified 03 January 2022
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