GIFT SURPLUS - GS.SOCIAL
TERMS AND CONDITIONS
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
INTRODUCTION. By using this website, you agree to accept and be bound by these Terms and Conditions as between you and Gift Surplus, LLC, which for purposes of this website operates as “GS.Social”. If you do not agree to these Terms and Conditions, do not use this website. Gift Surplus, LLC may be referred to herein as “GS.Social”, “us”, “we” or “our” and you are referred to as “you” or “your”. For the avoidance of doubt, the term “website” includes applications for mobile devices associated with www.gs.social and any other sites on which these Terms and Conditions are posted by us.
This website and the games available on it (collectively, the “Games” and individually a “Game”) are made available to eligible end users on a free-to-play and pay-to-play basis.
You may be awarded amounts of notional currency and virtual goods (e.g., gems, coins, diamonds, bucks, skins, etc.) (collectively, “Virtual Credits”) which can be used in order to access and play the Games. You may elect to pay real money to acquire additional amounts of Virtual Credit in order to continue playing or commence playing one or more of the Games on a pay-to-play basis. Virtual Credits awarded to, or purchased by, you cannot be withdrawn or refunded. Furthermore, Virtual Credits cannot be translated into money.
You cannot win money or any equivalent thereof from your use of the Games, and accordingly this website does not offer real money Internet gaming in any form or format whatsoever.
Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Credits on the website, you hereby accept that you have no right or title in or to any such Virtual Credits, and that we have the absolute right to manage, regulate, remove, control, modify, or eliminate such Virtual Credits as we see fit. We shall have no liability to you or anyone else for the exercise of such rights.
ELIGIBILITY TO PLAY. Participation in the Games and other activities on this website is open only to residents of those jurisdictions where such participation is legal and not prohibited by law. Games are only open to individuals of legal age. You cannot play under any circumstances if you are not at least 18 years of age. Additionally, residents of countries outside of the United States, regardless of their age, may not play.
In order to avoid minors playing on this website, we reserve the right to carry out verification checks to verify the information provided by you. Also, we reserve the right to ask you for proof of age. If we, in our sole discretion, are unable to confirm that you are aged 18 or over, then we may (i) suspend your account until satisfactory proof of your age is provided or (ii) terminate your account.
With respect to players who reside outside the U.S., you may not seek to open an account within this website. In the event you circumvent the technical blocking systems employed by GS.Social, if any, your account will be subject to immediate closure and you will forfeit any and all Virtual Credits contained therein. If we request evidence of your identity and you fail to produce such evidence, we may (i) suspend your account until satisfactory proof of identity is provided or (ii) terminate your account.
ENTERTAINMENT ONLY. You accept and recognize that the Games are provided for entertainment purposes only and do NOT afford opportunities to win prizes, money, or other forms of real currency. We reserve the right, in our sole and absolute discretion and without liability, to cancel or suspend a Game should a virus, bug, worm, communication or server failure occur or for any other reason we deem necessary or desirable.
PASSWORD RESPONSIBILITY. You agree that you will not lend or transfer your login details to any third party. You shall be responsible for all communication from your account with us. We are not required to maintain usernames or passwords and if you misplace, forget, lose or are otherwise unable to enter the website, we will not be responsible and will not be held liable for any claims regarding your account.
REPRESENTATIONS AND WARRANTIES BY YOU. By (i) entering the website, (ii) opening or using an account on the website, or (iii) playing Games on the website, you hereby represent, warrant and certify all of the following:
- Playing or otherwise participating in the Games is at your sole option, discretion, and risk;
- you fully understand, agree to, and shall abide by all rules, regulations, terms and conditions contained on the website and as such rules, regulations, terms and conditions may change from time to time;
- you understand and agree that your Virtual Credits will be involved automatically in “tournament play” on the website. Tournament play is designed to create and promote an interactive experience with the Games and the website. Such tournament play will involve the withdrawal of Virtual Credits from your account and, depending on the outcome of such play, may result in the substitution of different types of Virtual Credits of greater or lesser value. It is your responsibility to learn about the different types of Virtual Credit and to interact with the website on a regular basis. If you desire, you may opt out of automatic tournament play by making the proper election in your account management settings;
- you have the full, complete, and unrestricted legal right to participate in the Games and your participation in the Games is not prohibited in your jurisdiction or by any other local rule, regulation or law;
- you are at least 18 years of age or the age necessary to participate in the Games, if the jurisdiction within which you playing from requires you to be over a certain age;
- you only have one account, username and password with GS.Social for all of the websites run by us and understand that your account may be closed if you are deemed to be operating more than one account or username;
- you shall not allow any other person or third party including, without limitation, any minor, to (i) participate in the Games, (ii) use or reuse your account, or (iii) access or use any materials or information from the website;
- you understand that you obtain no rights to any trade names, trademarks, terms, graphics, text, concepts or methodologies of GS.Social;
- your interest in the Game and the website is personal, and not professional;
- you will not collect information, including login names, about other users, and use of such information to send unsolicited email or for any other purpose is strictly prohibited;
- your entering of the website is solely for your own personal entertainment and any other entrance, access, use or reuse of this website by you is
- you shall periodically review these Terms and Conditions on the website;
- you understand that you will receive mailings, text messages, and emails informing you of news and information relating to GS.Social and the Games from time to time. You can unsubscribe from future mailings at any time in accordance with the website policies;
- we make no representations or warranties, implicit or explicit, as to the legal right for you to participate in the Games;
- you acknowledge that the chat room facility (if we decide to create one) is provided solely to enhance enjoyment of a Game. You will not use the chat room facility to post any obscene, racist, sexist, defamatory, inflammatory or otherwise objectionable wording in accord with our Code of Conduct. If you do so, you will hold GS.Social harmless from any loss, damage, cost or expense of whatsoever nature or howsoever arising therefrom including but not limited to loss of business, profit, extraordinary or punitive damages, any fines or penalties. Also, we may terminate your account and your access to any Games;
- you acknowledge that we, without liability or responsibility, may in our absolute and sole discretion:
- i) decline to accept the registration of any person, including you, to this website;
- ii) restrict, discontinue, suspend or terminate access to the website or play on the website for any reason whatsoever;
iii) may cancel, unwind, or confiscate all Virtual Credits associated with any account the access to which has been restricted, discontinued, suspended or terminated. You acknowledge such Virtual Credit as forfeited; and
- iv) actively scan Games on our website to ensure that no players are using any type of 'bot' or additional software in order to give themselves an unfair strategic advantage while playing a Game. While we cannot prevent players from initially using such aids, we do reserve the right to retrospectively cancel, unwind or confiscate all Virtual Credits and terminate any account where we have detected that such aids have been used. Our decision, without liability or responsibility, is final.
NO CHEATING. If you are playing any head-to-head or multiplayer Game in competition against or seated with other players that you cannot see or identify, those players who you are playing against or with (other than by username or alias published in the software environment) may be:
- colluding with other third party players;
- using unfair external factors or influences; or
- undertaking fraudulent activities to your disadvantage and their advantage.
Such practices are not allowed, and we may take reasonable steps to prevent them.
If you suspect any player is cheating or colluding or undertaking a fraudulent activity, it should be reported to us immediately by email to firstname.lastname@example.org identifying the player or players’ usernames or aliases involved and containing a brief description of their suspect activities.
We reserve the right to terminate your account, withhold or confiscate in full or part (at the unfettered discretion of GS.Social) the Virtual Credit balance of your account if:
- you are found to be or reasonably suspected to be participating in any form of collusion or fraudulent practice;
- we become aware that you have undertaken virtual credit gaming with any other online provider of virtual credit gaming and are suspected of fraud, collusion or unlawful or improper activity;
- we become aware that you have begun proceedings to “charge back” a bank card or credit card or have denied any of the Virtual Credit purchasing transactions made on your account;
- you are an employee or owner of a sponsor of a GS.Social sweepstakes promotion and you obtain Virtual Credits in connection with such sweepstakes or otherwise obtain Virtual Credits without payment, except as specifically permitted in these Terms and Conditions;
- you become bankrupt or have equivalent proceedings occurring anywhere in the world;
- you violate or promote the violation of any applicable laws or regulations; or
- you or person(s) using your account have engaged in any activity on the website for which you or such persons were not eligible or which otherwise violates these Terms and Conditions.
If we become aware or suspect that a transaction is suspicious and involves or may involve financial crime or similar activity, then we reserve the right to retain the amount of that transaction and any other transaction made by you. We shall be under no obligation to provide you with any reasons for so doing. Where we suspect that you are participating in any form of unlawful activity, collusion or fraudulent practice, we reserve the right to report such activity or suspicions to the police or relevant authorities.
You may not play any Game if you or a member of your household, are or have ever been, an employee of GS.Social or any of its affiliated companies. For the purposes of this clause an “employee” includes third party contractors such as licensors, software suppliers, developers, or partners.
PAYMENTS FOR VIRTUAL CREDIT. We reserve the right to change prices and availability of Virtual Credits at any time and without notice. Also, we may correct pricing errors at any time. Incorrect prices are not valid. You are responsible to pay applicable taxes, if any, regarding the purchase or receipt of Virtual Credits. We accept payments for Virtual Credit by certain major credit cards and other methods, in our sole discretion. We reserve the right to refuse your request to purchase or acquire Virtual Credits for any reason.
We will charge you 100% of the real money sums paid by you in return for Virtual Credits required to continue playing the Games available on this website. This fee shall be taken in full effective the moment your real money online payment in return for any amount of Virtual Credit is successfully processed. We charge this fee to cover our costs of development, hosting, and maintenance, and to share any profits with commercial partners.
Virtual Credit may not be withdrawn from your account in any circumstances. You acknowledge that the Virtual Credit held within your account consequent to purchases of Virtual Credit in return for real money have no monetary value and are neither money nor real currency.
You agree that all sales of Virtual Credits are final. No refunds will be given, except in our sole and absolute discretion. In addition, GS.Social has the absolute right to manage, regulate, control, modify or eliminate Virtual Credits as it sees fit in its sole discretion, and GS.Social shall have no liability to you or anyone for the exercise of such rights. In addition to the foregoing, GS.Social may selectively remove or revoke Virtual Credits associated with your account.
You understand that we use a third party credit card processor, and therefore we do not maintain credit card information. You agree that we shall not be liable for loss, theft, or misuse of your credit card information, and you assume the risk of using a credit card in connection with our website.
PROMOTIONAL OFFERS. You may be awarded Virtual Credit to use on the website by opening an account online or by accepting a promotional offer. We reserve the right to remove Virtual Credit from your account if we, at our sole discretion, deem you have attempted to abuse a promotion. Specific terms and conditions relating to a Promotion will be set out on the website under the promotions section of this website. To the extent that the terms and conditions of the Promotion conflict with these Terms and Conditions, the terms and conditions of the Promotion will prevail.
Each Promotion is available only once per customer. We reserve the right to vary the terms of, or terminate, the Promotion at any time and without notice and shall not be held liable for doing so.
PUBLICITY. You authorize us to promote your activities playing the Games through diverse marketing and promotion undertaken in a manner entirely at our discretion and including, but not limited to:
- news articles posted online and visible to other players of the Games;
- leaderboards published on the website;
- email communications to our other customers;
- press releases intended for publication to the public; and
- advertising of your activities.
Also, by participating on the website, you agree that we may display your first name, first initial of your last name, picture, profile and game records. By participating on the website, you agree to allow us to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and biographical information for promotional purposes without compensation. Your per-Game player rating is operated and defined at our absolute discretion and is subject to change from time to time without notice to you.
COMMUNICATIONS WITH YOU. By using this website, you consent to receiving electronic, phone, and mail communications from GS.Social. These communications may include notices about your account and information concerning or related to our service. You understand and agree that such communications may not be secure. Also, you agree that we may record all electronic transactions with you. If you wish to make a complaint, you must do so by contacting our Customer Support team at email@example.com.
LIMITATION OF LIABILITIES; DISCLAIMERS; INDEMNIFICATION BY YOU. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL GS.SOCIAL OR ITS EMPLOYEES, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY LOSS OF CHANCE OR OPPORTUNITY, LOSS OF INCOME, LOSS OF USE OF MONEY, LOSS OR CORRUPTION OF DATA, OR ANY DAMAGES (INCLUDING LOSS OF PROFIT), SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, EVEN IF OUR REPRESENTATIVES HAS ADVISED YOU OF THE POSSIBILITY OF SUCH.
THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALINGS, COURSE OF PERFORMANCE, USAGE OR TRADE. APPLICABLE LAW MAY NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES AND, TO THAT EXTENT ONLY, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WE ARE NOT UNDER ANY OBLIGATION TO PROVIDE THE WEBSITE, OR ANY GAME THEREON, TO ANYONE, OR THE OPPORTUNITY FOR ANY PERSON TO PARTICIPATE OR CONTINUE TO PARTICIPATE IN ANY GAME OR TOURNAMENT, AND WE EXPRESSLY DECLINE LIABILITY FOR THE SAME.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE (OR THE SERVER THAT MAKES THE WEBSITE CONTENT AVAILABLE) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY DAMAGES CAUSED BY GS.SOCIAL OR ANY OF ITS AFFILIATES OR AGENTS SHALL BE, AT GS.SOCIAL’S SOLE OPTION, (1) SUBSTITUTION OR REPLACEMENT OF YOUR VIRTUAL CREDITS; (2) TERMINATION OF YOUR ACCOUNT; OR (3) REFUND OF THE AMOUNT OF REAL MONEY THAT YOU ACTUALLY PAID DIRECTLY TO GS.SOCIAL VIA THE WEBSITE DURING THE 90 DAYS IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO YOUR DISPUTE WITH GS.SOCIAL. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
We are not responsible for:
- i) technical, hardware, software, or telephone failures of any kind;
- ii) lost or unavailable network connections;
iii) incomplete, garbled, or delayed computer transmissions;
- iv) any malicious code, viruses, worms, malware, etc. that you may encounter or receive as a result of accessing our website; or
- v) any technical or human error which may occur in the processing of submissions which may limit your ability to participate in the website,
whether caused by us, by you, or by any of the equipment or programming associated with or utilized in the provision of the Games and the website.
We do not warrant or make any representations regarding the use or the result of the use of the materials in this website in terms of correctness, accuracy, reliability or otherwise. We shall not be liable for computer malfunctions, nor attempts by you to participate in the Game by methods, means or ways not intended by us. We are not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected or postage due on mail. We may collect information about your computer including, where available, your IP address, operating system and browser type. This website is operated from a server, or servers, owned by GS.Social, and GS.Social makes no representation that the materials or content in this website are appropriate or available in any location. If you choose to access this website, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent applicable.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD GS.SOCIAL AND ANY OF ITS AFFILIATES, OR ANY OF THEIR SUCCESSORS AND ASSIGNS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, ADVERTISERS, SUPPLIERS, AND OPERATIONAL SERVICE PROVIDERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) RESULTING FROM ANY BREACH OR VIOLATION OF THESE TERMS AND CONDITIONS BY YOU.
CHANGES TO THE WEBSITE
We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to: modify or discontinue the services on the website; modify or remove any of the information contained in the website; limit the website’s availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the website; modify or waive any fees charged in connection with the website and the services thereon; or offer opportunities to some or all users of the website. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the website, in whole or in part, or of any website content. Your continued use of the website after such changes will indicate your acceptance of such changes.
MODIFICATION OF TERMS AND CONDITIONS. We reserve the right to modify or amend these Terms and Conditions from time to time without notice to you. Any such modifications and amendments will take effect upon posting in the “Terms and Conditions” section of this website. You should check the website from time to time to review these Terms and Conditions because they are binding on you.
GOVERNING LAW. These Terms and Conditions and the agreements made herein shall be governed and construed in accordance with the laws of the State of Arizona without giving any effect to any principles of conflicts of law that might direct the application of the laws of any other jurisdiction. The parties acknowledge that these Terms and Conditions evidence a transaction involving interstate commerce. Notwithstanding the provision with respect to applicable substantive law, any arbitration conducted under these Terms and Conditions shall be governed by the Federal Arbitration Act.
You and GS.Social agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website, the Games, these Terms and Conditions, or any GS.Social policy, must be filed within one year after such claim or cause of action arose, and is thereafter forever barred.
DISPUTE RESOLUTION BY BINDING ARBITRATION. PLEASE READ THIS PROVISION CAREFULLY, BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH GS.SOCIAL AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
THIS PROVISION PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST GS.SOCIAL. IT ALSO PRECLUDES YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST GS.SOCIAL BY SOMEONE ELSE. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THIS AGREEMENT, AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS REGARDING THE CONSEQUENCES OF YOUR DECISION. YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS BELOW.
You and GS.Social agree that any dispute, claim or controversy arising out of or relating to your access to or use of this website or to these Terms and Conditions (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms and Conditions) (a “Dispute”), shall be determined by arbitration, except that you and GS.Social are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
You and GS.Social agree that such arbitration shall occur in Phoenix, AZ. You and GS.Social agree that such arbitration shall be conducted by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Service (“JAMS”), as modified by these Terms and Conditions.
With the exception of class procedures and remedies as discussed below under “Waiver of Class Relief”, the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.
You and GS.Social shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT YOU AND GS.SOCIAL WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. YOU AND GS.SOCIAL ARE EACH WAIVING RESPECTIVE RIGHTS TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
You may opt out of this arbitration provision only by written notice via U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.) to Gift Surplus, Attn: President at 7055 W. Bell Rd., Ste. 20, Glendale, AZ 85308. You must send such notice within 30 days of your acceptance of these Terms and Conditions. You must sign and date the notice, and include in it your name, address, and a clear statement that you do not wish to resolve disputes with GS.Social through arbitration. If you do not follow this procedure by your 30 day deadline to do so, then you and GS.Social shall both be bound by the terms of this section entitled “Dispute Resolution by Binding Arbitration”.
If any portion of this section entitled "Dispute Resolution by Binding Arbitration" is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
MISCELLANEOUS. Subject to any rules posted on the website by us from time to time (such as tournament rules or promotional rules), the Terms and Conditions contained herein represents the complete, final and exclusive agreement between you and GS.Social and supersedes and merges all prior agreements, representations and understandings between you and GS.Social. If any provision of these Terms and Conditions shall be determined to be unlawful, void or for any reason unenforceable, then the unlawful, void or unenforceable provisions shall be deemed severable from the other provisions contained herein and shall not affect the validity and enforceability of any of the remaining provisions.
Other than the limited, permitted use to participate in the Games on the website, you agree not to use any content provided through the website for any public or commercial purpose without our express written permission. You agree not to download, rent, lease, loan, distribute, create derivate works, copy, re-use, modify, adapt, attempt to decompile, decipher, disassemble, reverse engineer, decrypt or discover the source code of all or any portion of the Games, create improvements, or seek to obtain intellectual property protection on the content of any intellectual property rights in the Games. Nothing contained in this website shall be construed as granting by implication, estoppel, or otherwise, a license or right of use of any intellectual property displayed in the website.
All content included on the GS.Social website including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software is the property of GS.Social or its suppliers and is protected by United States and international copyright laws. Except as specifically set forth in these Terms and Conditions, such content must not be reproduced or used without express written permission from GS.Social. GS.Social reserves the right to terminate your ability to use the website if it, in its sole and absolute discretion, believes that you are in violation of these Terms and Conditions, including the copying or other unauthorized use of our proprietary content.