Terms of Use

These Terms of Use were last updated on December 18, 2017.

Welcome to the GainDeals. By using it, you are agreeing to these Terms of Use (defined below). Please read them carefully.

ACCEPTANCE OF TERMS OF USE

Venplex, Inc. (“GainDeals” "we" or “us” or “our”) owns and operates the website, www.gaindeals.com, the mobile and touch versions and any sites we have now or in the future that reference these Terms of Use (collectively, "Site"). By (a) using the Site and GainDeals’s services through the Site, (b) signing up for an account, you agree to these Terms of Use (defined below) and any additional terms applicable to certain programs in which you may elect to participate. You also agree to our Privacy Statement, incorporated herein by reference and located at http://www.gaindeals.com/privacy ("Privacy Statement"), and acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. The Privacy Statement, together with these terms of use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the "Terms of Use." The term "using" also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining, or extraction tools or any other functionality.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY GAINDEALS SERVICE, PARTICIPATE IN ANY PROGRAM, PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE SITE.

PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS OF USE CAREFULLY:

About the Site

The site is a platform through which storekeepers(‘Merchants’) create deals, coupons and offers for their business (goods & services). Storekeepers are the sellers and issuers of the Merchant offerings and are solely responsible to you for the care, quality and delivery of the goods and services provided.

In addition, the site also provides deals, coupons and offers of the local business that are available in their geographic location of a certain radius.

USING THE SITE

  1. Eligibility

    To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account.

  2. Permission to Use the Site

    We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate(however, we work hard to prevent inappropriate content being displayed).

    You will not attempt to use the Site with crawlers, robots, data mining, or extraction tools or any other functionality;

  3. Site Availability

    The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

  4. User Accounts

    You may only create and hold one account on the site/App for your personal use and must register using a valid credit card. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to:

    1. save, edit, or delete your personal information, including, without limitation, a valid credit card; and
    2. opt-out of persistent login. You understand and agree that GainDeals shall have no responsibility for any incident arising out of, or related to, your account settings

    You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.

    Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use, including, without limitation, failure to maintain updated and correct information about your account (e.g., valid credit card information) will cause your account to fall out of good standing and we may cancel your account in our sole discretion. Upon termination, the provisions of these Terms of Use that are, by their nature, intended to survive termination (e.g., any disclaimers, all limitations of liability, and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Site, including, without limitation, requirements for use.

Your Conduct

The following activities are prohibited on the Site and constitute violations of these Terms of Use:

  • Submitting any content to the Site that:

    • Violates applicable laws (including, without limitation, intellectual property laws, laws relating to rights of privacy and rights of publicity, and laws related to defamation);
    • Contains personal information, except when we expressly ask you to provide such information;
    • Contains viruses or malware;
    • Offers unauthorized downloads of any copyrighted, confidential, or private information;
    • Has the effect of impersonating others;
    • Contains chain letters of any kind;
    • Is purposely inaccurate, commits fraud, or falsifies information in connection with your GainDeals account or to create multiple GainDeals accounts; or
    • Is protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
  • Attempting to do or actually doing any of the following:

    • Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
    • Scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information, or similar data;
    • Scanning or testing the security or configuration of the Site or breaching security or authentication measures; or
    • Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb,” or “crash” the Site.
  • Collecting any of the following:

    • Content from the Site, including, without limitation, in connection with current or previously offered deals, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission; or

User Content

The Site may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses, and other communications, as well as files, images, photographs, video, sound recordings, musical works, and any other content or material submitted or posted to the Site (collectively, "User Content"). You may be required to have a GainDeals account to submit User Content.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

GainDeals shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content, and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including, without limitation, to determine compliance with these Terms of Use and any operating rules established by GainDeals, as well as to satisfy any applicable law, regulation, or authorized government request. Without limiting the foregoing, GainDeals shall have the right to remove any material from the Communities or any other GainDeals controlled sites, in its sole discretion.

Public Nature of Your User Content:

  • You understand and agree that User Content is public. Any person (whether or not a user of GainDeals) may read your User Content without your knowledge. Please do not include any Personal Information in your User Content unless you wish for it to be publicly disclosed. GainDeals is not responsible for the use or disclosure of any Personal Information that you disclose in connection with User Content.
  • Any User Content of any kind made by you or any third-party is made by the respective author(s) or distributor(s) and not by GainDeals. Other users may post User Content that is inaccurate, misleading, or deceptive. GainDeals does not endorse and is not responsible for any User Content, and will not be liable for any loss or damage caused by your reliance on such User Content. User Content reflects the opinions of the person submitting it and may not reflect the opinion of GainDeals. GainDeals does not control or endorse any User

    Content, and specifically disclaims any liability concerning or relating to your contribution of, use of, or reliance on any User Content and any actions resulting from your participation in any part of the Site, including, without limitation, any objectionable User Content.

Ownership

As between you and GainDeals, you own Your Content. We own the GainDeals Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the GainDeals Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the GainDeals Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the GainDeals Content are retained by us.

RESTRICTIONS

You agree not to, and will not assist, encourage, or enable others to use the Site to:

  1. Violate our policies, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review;

    1. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
    2. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
    3. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party website;
    4. Solicit personal information from minors, or submit or transmit pornography; or
    5. Violate any applicable law.
  2. You also agree not to, and will not assist, encourage, or enable others to:

    Violate the Terms;

    1. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by GainDeals;
    2. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
    3. Reverse engineer any portion of the Site;
    4. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
    5. Record, process, or mine information about other users;
    6. Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database of business reviews or deals
    7. Reformat or frame any portion of the Site;
    8. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on GainDeals's technology infrastructure or otherwise make excessive traffic demands of the Site;
    9. Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
    10. Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses")
    11. Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
    12. Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
    13. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

    The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold GainDeals services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against GainDeals, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless GainDeals against

Liabilities arising out of

  1. Any injury to person or property caused by any products sold or otherwise distributed in connection with GainDeals service;
  2. Any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
  3. Copyright infringement;

Governing Law and Jurisdiction

This Agreement will be governed by and construed in accordance with the laws of the State of California. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Santa Clara County, State of California and the parties hereby irrevocably consent to the jurisdiction and venue therein.