Terms and Conditions
Last updated: July 7, 2016
1. Changes to our terms and conditions
We may make changes to these Terms from time to time. When we do so, we will post the most current version of the Terms on our website and, if a revision to the Terms is material, we will notify you of the new Terms (for example, by email or a notification on our Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.
Gambeal and using the Gambeal app is limited to persons residing in the United States who abide by our terms and conditions, download the Gambeal Mobile App (the “App”) and sign-up for a Gambeal account. You must be at least 13 years of age to redeem Offers with the Gambeal App. Some activities may only be available to those who are at least 18 years of age. You agree to provide us with true and accurate information and to ensure that the information provided by you is up-to-date.
You agree to defend, indemnify and hold harmless Gambeal and its officers, directors, employees, agents and affiliates (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.
4. User Rewards
- Gambeal makes rewards available to users through offers that can be claimed by registered users on our app. When you redeem an offer through the service, you will accumulate rewards in your Gambeal account (“Rewards”). Each offer may be subject to Additional Terms and Conditions and can be modified by Gambeal at any time. Prior to the distribution all rewards will remain the sole property of Gambeal. It is Gambeal’s responsibility to determine if you are eligible to claim a reward. Redemption of all rewards is at Gambeal’s full discretion.
- Once you have accumulated the minimum amount of rewards required to make a cash out from the Gambeal Cashier you may request one. The minimum amount is subject to change.
- Taxes - Depending on your state of residency your earned rewards could be subject to taxes. These are your responsibility. Please inquire with your state.
- Claims - All rewards are provided by Gambeal. By using our app and agreeing to our terms and conditions you agree not to seek rewards, payments, or make any claims towards anyone else.
- Please email us at email@example.com if you have any further questions about Gambeal Rewards or your Gambeal account.
5. Forbidden Activity
By using or accessing Gambeal, you agree not to do, and not to facilitate any third party doing, any of the following (each a “Forbidden Activity” ):
- Create more than one account
- Submit a receipt from a transaction that has not been made by you yourself
- Submit a fake or counterfeit receipt or help to create one
- Submit a duplicate receipt or a receipt which has already been submitted by yourself or another member
- Upload a receipt with a transaction date older than 72 hours
- Repeatedly fail to follow Gambeal Details and our terms and conditions
- Use the Service for any illegal purpose, or in violation of local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy, or the collection, storage, transmission, or access of educational records
- Post, upload, or distribute any user content or other content that is unlawful or that a reasonable person could deem to be objectionable, profane, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate
- Modify, alter or otherwise make any derivative uses of the Gambeal content, trademarks, technology platform or its underlying software, or any portion thereof;
- Copy, reverse engineer, decompile, disassemble or attempt to discover the source code of the Gambeal technology platform or its underlying software;
- Use any automated or non-automated means of data gathering, data mining or extraction methods on or in connection with Gambeal, including any use of “robots”, “scrapers”, “spiders”, “readers” or similar devices;
- Infringe upon or violate the rights of Gambeal, its users, third parties or Sponsors
- Download, copy or imitate any portion of the Gambeal technology platform, its underlying software and content, or its user interface, or the Site, except as expressly permitted by Gambeal;
- Use Gambeal in any way that could damage our site or mobile applications or any services we offer in any way
- Attempt to gain unauthorized access to any Gambeal Member’s personal including but not limited to their personal accounts, computer systems and/or network systems, through any means
- Aggregate or scrape any content, data or other information from the app or website
- Hyperlink or deep-link to any portion of our Site without our written consent;
- Circumvent or seek to circumvent any security measures or other features meant to protect the security of the Site and Gambeal Members’ security;
- Upload inappropriate images, content or other material that is illegally obtained, in violation of a third party’s intellectual property rights, or offensive, libelous, defamatory, harassing, threatening, inappropriate, deceptive or misleading in any way to Gambeal
- Using Gambeal other than for its intended purposes or otherwise in violation of these Terms and Condition.
If you participate in Forbidden Activity your permission to use Gambeal may be revoked. We reserve the right to modify the Service at any time without notice to you.
7. Disclaimer of Warranties
YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (II) ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS.
8. Intellectual Property Rights
You have no rights in any of our copyrights, patents, trademarks, trade secrets or other proprietary rights, except to the extent necessary to access and use the Platform as contemplated under this agreement. The technology and software underlying the Platform is our property. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in our technology or software.
You will not upload, transfer or post any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. You hereby grant to us, and any applicable sponsor in connection with a sponsored campaign in which you participate, a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, distribute, store, modify and otherwise use any content that you upload, transfer or post through the Platform. To the extent that any content you transmit on the Platform contains an image of another person, you agree to obtain from such person a written release and authorization to use and publish such image, which written release and authorization will be in form and substance acceptable to Gambeal.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Platform ("Submissions"), provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
9. Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
We may suspend, discontinue or terminate your access to the Platform at any time. If we suspend, discontinue or terminate your access to the Platform, or if you deactivate your account, your content and all other data and statistics may no longer be accessible to you through social media or otherwise. We have no responsibility or liability for the deletion or failure to store any data or other content uploaded through the Platform.
11. Disputes and Arbitration
If you have a dispute with Gambeal arising out of your use of the Services, you agree to contact us first and attempt to work out any such dispute amicably.
If a matter arises that cannot be resolved between you and Gambeal, Inc. with reasonable effort, you agree that all such disagreements or disputes that in any way involves the Program or this Agreement shall be resolved exclusively by final and binding administration by the American Arbitration Association (“AAA”), and will be conducted before a single arbiter pursuant to the applicable Rules and Procedures established by the AAA. You agree that the arbitration shall be held in Arizona, or at any other location that is mutually agreed upon by You and Gambeal, Inc. You agree that the arbiter will apply the laws of the State of Arizona consistent with the Federal Arbitration Act, and will honor and agree to all applicable statutes of limitation. You agree that, unless prohibited by law, there shall be no authority for any claims to be arbitrated on a class or representative basis, and arbitration will only decide a dispute between You and Gambeal, Inc. If any part of this Arbitration clause is later deemed invalid as a matter of law, then the remaining portions of this section shall remain in effect, with the exception of the class language referenced herein, in such case this entire section shall be deemed invalid.
12. Controlling Law
These Terms will be governed by the laws of the State of Arizona, without respect to its conflicts of laws principles. Any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 10 (Disputes & Arbitration) of these Terms shall be brought exclusively in the federal or state courts of Phoenix, Arizona, USA, and you and Gambeal consent to the personal jurisdiction of those courts.
13. No Waiver
Gambeal’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. Gambeal may assign its rights, licenses, and obligations under these Terms without limitation.
15. Intellectual Property & Trademarks
The Gambeal site includes copyrighted material including trademarks and other proprietary information. All content and materials are the exclusive property of Gambeal and cannot be used without written consent.
All trademarks not owned by Gambeal that appear on this Site are the property of their respective owners. Reference to any products, businesses, or offers available on Gambeal do not constitute or imply any endorsement, sponsorship or recommendation by Gambeal.
By posting or uploading any information, content or material to Gambeal’s App, you hereby agree to the following:
- You hereby grant Gambeal an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said information, content or material and to grant and authorize sub-licenses of the foregoing.
- You hereby grant Gambeal all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction or exploitation of the information, content or material by any party for any purpose.
16. Copyright Policy
Gambeal respects the intellectual property rights of others and has implemented a copyright policy in accordance with the Digital Millennium Copyright Act and other relevant laws. Gambeal will respond to valid notices of copyright infringement and reserves the right to terminate any users, at our sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights of others.
If you believe any content posted or made available on Gambeal constitutes infringement of your copyright rights, you may send us written notice of infringement to Gambeal’s designated Copyright Agent using the contact information listed below.
ATTN: Copyright Agent
1418 N Scottsdale Rd
Scottsdale, AZ 85257
17. Contact Information
If you have any questions regarding Gambeal and our Terms or Services contact us at firstname.lastname@example.org