GiftCash provides you access to its online service (the “Service”) and the related GiftCash software on your mobile device or other computing device. The Service is a social networking based suite of integrated mobile and web applications that allow partner Advertisers to provide Users with offers (“Opportunities”) to earn reward points that are redeemable for cash if they perform specified tasks or comply with certain requirements set forth in such Offers. Your use of the Service is subject to your acceptance of and compliance with these terms of service (the “Terms of Service” or the “Agreement”). If you do not agree to these Terms of Service, please do not use the Service. These Terms of Service shall apply to all transactions conducted through the Service. The term of the Agreement will commence on the date you enroll as a User and will end when terminated by either party in accordance with the terms of the Agreement (the “Term”).
All Contests prizes and “rewards” given by GiftCash are not affiliated with Apple Inc or Amazon Inc. Contests are solely sponsored by the GiftCash. All Prizes & or rewards are NOT Apple or Amazon products; and or do they have any association with Apple or Amazon.
Participating Advertisers create and list Offers on the Service, which allow Users the chance to receive Rewards from the Advertiser in exchange for performing specified tasks or complying with the requirements (such tasks and/or requirements constituting the “Requirements”) set forth in the Offer. Each Opportunity listing contains a description of the Requirements and the corresponding Reward to be provided by the Advertiser. GiftCash provides the Service to facilitate the relationship between Advertisers and Users. Advertisers are solely responsible for the content of their Offers listings and for the payment of any identified Rewards to Users.
Advertisers in their sole discretion shall determine whether a particular User has fulfilled the Requirements and is entitled to receive the associated Rewards. If you do not comply with the Requirements you will not be entitled to the Reward associated with such Opportunity.
You agree that all Rewards will be forfeited if your account is terminated for any reason, or if GiftCash discontinues providing the Service.
C. PROHIBITED ACTIVITIES.
You may not use the Service for any other purpose than that for which GiftCash makes it available. GiftCash reserves the right in its sole discretion to investigate, terminate your membership and take appropriate legal action if you violate this provision or otherwise misuse the Service, or behave in a way which GiftCash regards as inappropriate or which is unlawful or illegal.
The following is a list of the type of actions that you may not engage in with respect to the Service:
You will not use the Service for any illegal purpose, including engaging in any criminal or tortious activity, including without limitation child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming or theft of trade secrets.
You will not express or imply that any statements you make are endorsed by GiftCash without our specific prior written consent.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information unless under fair use or without obtaining the prior consent of the owner of such proprietary rights. You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
You will not interfere with or disrupt the Service or the servers or networks connected to the Service.
You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
You will not “frame” or “mirror” any part of the Service, or otherwise take elements of the Service and reformat or display them.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so.
You will not collect or gather other people’s personal information (including account information) from the Service.
2. USER SPECIFIC TERMS.
A. USER REGISTRATION.
B. FULFILLMENT OF COMPENSATION.
User acknowledges and agrees that the obligation to provide Rewards earned by Users in connection with Offers resides with the Advertiser, not GiftCash. GiftCash merely facilitates such Rewards on behalf of the Advertisers. User waives any and all claims or rights of action against GiftCash relating to the failure of an Advertiser to pay User a Reward. In addition, User acknowledges that User is: (i) not an employee of GiftCash, (ii) responsible for the payment of all taxes on compensation received from an Advertiser, (iii) responsible for any reporting requirements imposed by the federal, state or local government, and (iv) responsible for compliance with all other applicable laws and regulations.
C. GRANT OF USAGE LICENSE.
By participating in the Service and accepting Rewards, User grants GiftCash and the specific Advertiser providing the Reward a worldwide, royalty-free, non-exclusive, sub-licensable, unconditional, perpetual and transferable license to use, display, perform, reproduce, republish, and distribute any content or any portion thereof (“Content”) provided by a User in connection with the Service or an Opportunity in all forms of media and through any media channels (now known or hereafter developed), including but not limited to television, radio, print, Internet site and other electronic communications. You acknowledge and agree that the Content you submit, post or display may be viewed by other Users of the Service and through third party services. You should only provide Content that you are comfortable sharing under these terms.
4. PROTECTION OF MINORS.
Children under the age of thirteen (13) are not be the target audience of GiftCash Offers and GiftCash strives to protect their privacy. For this reason, Advertisers are prohibited from posting any Offer that targets children and underage people are prohibited to use the service.
6. UNAUTHORIZED USE.
Outside of an app provided by GiftCash, any attempt to utilize automated programs, bots, screen scraping, database calls, human initiated data collection or any other means of gathering data, content or other information for the purpose of reverse engineering our platform for commercial or personal gain is strictly prohibited.
7. PROVISION OF THE SERVICE.
GiftCash is constantly innovating and changing its Service offering in order to provide the best possible experience for its Users. You acknowledge and agree that the form and nature of the Service which GiftCash provides may change from time to time without prior notice to you. You acknowledge and agree that GiftCash may stop (permanently or temporarily) providing the Service (or any features or functionality within the Service) to you or to Users generally at GiftCash sole discretion, without prior notice to you. You and/or GiftCash may terminate the Agreement and/or your participation in the Service at any time, for any reason or for no reason, and GiftCash shall not have any liability regarding such decisions. Sections 2 through 17 of these Terms of Service shall survive any termination of the Agreement.
8. REPRESENTATIONS AND WARRANTIES.
GiftCash and Advertiser participating in the Service represents, warrants and covenants that (i) it has sufficient authority to enter into the Agreement; (ii) its use of GiftCash services is solely for lawful commercial and business purposes; (iii) it has the necessary rights to provide all information provided under the Agreement (including all content, data, Offers, titles, URLs and descriptions) for use as described in the Agreement, and that all such information and all claims, statements, products and services contained or referenced herein and in the Website or submitted by an Advertiser or User: (a) do not violate any law, statute, ordinance, treaty or regulation or GiftCash policy or guideline; (b) do not infringe any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (c) do not breach any duty toward or rights of any person or entity including rights of publicity or privacy, and have not otherwise resulted in or are not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (d) are not false, deceptive or misleading; (e) are not defamatory, libelous, slanderous or threatening; (f) will be free of viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or personal information; and (g) comply with the applicable Master Agreement (if applicable); (iv) it will not engage or cause others to engage in any form of spamming or improper or malicious, as determined by GiftCash, clicking, impression or marketing activities through the Service, and it will comply with all applicable laws including complying with all applicable laws such as the CAN-SPAM Act of 2003; and (v) it will not use the Service to “stalk” or otherwise harass another person or harm any persons or entities in any way.
GiftCash and other GiftCash graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of GiftCash in the Dominican Republic and/or other countries. GiftCash trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available on our media page may be used by partner and third party sites in connection with journalistic promotion of our services, commercial applications are forbidden except where pre-approved in writing.
GiftCash and Advertiser participating in the Service agrees to indemnify and hold harmless GiftCash, its parent and affiliates and their officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys, employees, third party service providers and third parties authorized by GiftCash to make your listings, results, and/or Service available in connection with third party Websites, blogs, postings, content, applications and/or e-mails (“Third Party Products”), and their respective officers, directors, agents, affiliates, and employees (each, a “GiftCash Entity” and collectively, the “GiftCash Entities”) from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees (collectively, “Claim(s)”), that actually or allegedly result from such User or Advertiser’s information, use of the Service, submissions to the Service, or its breach of the Agreement. Each User and Advertiser agrees to be solely responsible for defending any Claim against or suffered by GiftCash and/or any GiftCash Entity, subject to GiftCash Rewards and/or the GiftCash Entity’s right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all claims against GiftCash, and/or any GiftCash Entity provided that you will not agree to any settlement that imposes any obligation or liability on GiftCash and/or an GiftCash Entity without GiftCash prior express written consent.
11. WARRANTY DISCLAIMER.
EACH ADVERTISER AND USER EXPRESSLY AGREES THAT THE SERVICE IS AVAILABLE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THAT ITS USE THEREOF IS AT ITS OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GiftCash DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE OR GiftCash WEBSITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE OR THE GiftCash WEBSITE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND ANY OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY GiftCash. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE OR THE GiftCash WEBSITE WILL MEET A USER’S OR AN ADVERTISER’S NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. IN ADDITION, EACH USER AND ADVERTISER ACKNOWLEDGES AND AGREES THAT GiftCash'S WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF GiftCash'S CONTROL. THE SERVICE MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, GiftCash'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12. LIMITATION OF LIABILITY.
GiftCash LIABILITY IN CONNECTION WITH THE AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY, SHALL BE STRICTLY LIMITED TO $100. GiftCash SHALL NOT BE LIABLE TO USERS FOR DAMAGES OF ANY KIND ARISING OUT OF A USER’S USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL GiftCash OR ANY GiftCash ENTITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF, OR IN CONNECTION WITH, THE AGREEMENT. ADVERTISER AGREES THAT ADVERTISER WILL NOT HOLD GiftCash RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THE AGREEMENT, INCLUDING WITH RESPECT TO PARTICIPATION OR ACCESS BY ANY THIRD PARTY ON ADVERTISER’S LISTING(S) OF OFFERS, REGARDLESS OF THE INTENT OF SUCH THIRD PARTY.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF GiftCash OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, GiftCash'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
GiftCash may give general notices to Users and Advertisers by posting on the GiftCash Website, or by electronic mail to the e-mail address provided by you to GiftCash. It is your responsibility to ensure that your e-mail address and any other contact information you provide to GiftCash is updated, current and correct. All notices to GiftCash shall be sent via electronic e-mail, to: GiftCash GiftCash@appsroger.com
14. CHOICE OF LAW.
Any dispute referring or relating to the Agreement or between the parties shall be governed by the laws of the Dominican Republic, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts located in Santo Domingo. Any claim against GiftCash arising from the Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.