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.
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.
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;
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
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:
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.
Submitting any content to the Site that:
Attempting to do or actually doing any of the following:
Collecting any of the following:
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.
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.
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.
You agree not to, and will not assist, encourage, or enable others to use the Site to:
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;
You also agree not to, and will not assist, encourage, or enable others to:
Violate the Terms;
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.
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
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.