Grin Gaming Inc. Terms of Service
Last Updated: February 1, 2019
Welcome to our website and related interactive features, products, services, applications or downloads (collectively, the “Websites”), which are owned and operated by Grin Gaming Inc., including any affiliates and subsidiaries (collectively, “Grin,” “we,” “our,” or “us”). Grin provides its services to you, subject to the following Terms of Service (“Terms”). These Terms apply and govern our Websites that link to it, regardless of how you access or use them, including through mobile devices. You can review the most current version of the Terms at any time at this page.
PLEASE NOTE THAT THESE TERMS REQUIRE THAT DISPUTES BE RESOLVED ONLY BY ARBITRATION (AND NOT BY COURT LITIGATION) IN LOS ANGELES, CALIFORNIA (OR THE CITY NEAREST TO YOU WHERE THE AMERICAN ARBITRATION ASSOCIATION HAS AN OFFICE), WAIVE ANY RIGHT TO JURY TRIAL, AND WAIVE ANY RIGHT TO BRING CLASS ACTIONS AGAINST US. Please review the Governing Law, Arbitration and No Class Actions section (section 13) of these Terms for complete details. In addition, when using particular Grin services, you and Grin shall be subject to any posted guidelines or rules applicable to such services, which may be posted elsewhere on the website. All such guidelines or rules are hereby incorporated by reference into these Terms.
2. Copyright, Trademark, and Ownership
All of the content displayed on the Websites, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Grin, its licensors, agents or its Content providers. All elements of the Websites, including, without limitation, the Websites’ general design, Grin’s trademarks, service marks, trade names (including the Grin name, logos, and the Websites’ design), and other Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Websites may only be used for the intended purpose for which they are being made available. Except as may be otherwise indicated on the Websites, you are authorized to view, play, print and download documents, audio and video found on our Websites for personal, informational, and non-commercial purposes only, and only for any “Acceptable Use” (defined as any use other than the Prohibited Uses, defined below). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or Grin’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Websites, without Grin’s prior written consent. The use of Grin’s trademarks on any other website is not allowed without our prior express written permission. Grin prohibits the use of Grin’s trademarks as a “hot” link on or to any other website unless establishment of such a link is approved in advance. The Websites, their Content and all related rights shall remain the exclusive property of Grin or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Websites.
3. Description of Service; Prohibited Uses
Grin provides users with a fun arena to gather and participate in games, contests, and other products related to eSports including by earning, using and betting our fake currency, Grin Coins, (collectively the “Services”).
YOU MAY NOT USE THE SERVICES FOR ANY ILLEGAL PURPOSE. IF YOU DISCOVER THAT ANY PARTY IS USING THE SERVICES OR THE WEBSITES FOR ANY SUCH PURPOSE, PLEASE NOTIFY GRIN IMMEDIATELY AT [email protected].
Grin may provide game scores and other information pertaining to esports or related events of interest. All of this information is supplied for entertainment purposes only and should be considered to be unofficial. While Grin will use reasonable efforts to include accurate and timely information, Grin does not warrant or make any representations of any kind with respect to the information provided to you. Grin shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the website, the Services, or the Content, and shall not be responsible or liable for any error or omission in that information.
Grin will make every reasonable effort to provide access on demand to all users. We cannot, however, guarantee perfect access at all times. Such occurrences as extremely high website traffic, power outages, natural disasters, changes in law, strikes, etc. may from time to time prevent access to Grin from all or part of the internet. Grin will make every commercially reasonable effort to restore access as soon as possible in the event its own services are disrupted. Grin is not responsible for any consequences resulting from disruptions in service, and disclaims any liability related thereto or arising therefrom. Grin will make a reasonable effort to compose software and programs that are compatible with the browsers and operating systems now generally in use on the Internet, and a reasonable effort to ensure these programs are free of defects. Grin is not responsible for any consequences resulting from incompatibility between its software and programs and those of any users, and disclaims any liability related thereto or arising therefrom.
“Prohibited Uses” include, but are not limited to, the use of the Content or Services to do the following or assist others to do the following:
- Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;
- Link to the Content or Services from a site or transmit any material that is inappropriate, profane, vulgar, threatening, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that Grin deems, in its sole discretion, to be otherwise objectionable;
- Frame the Services or Content, display the Services or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between Grin and any third party or potentially deprive Grin of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
- Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
- Restrict or inhibit any other user from using and enjoying the Content or Services;
- Transmit files that contain viruses, spyware, adware, or other harmful code;
- Advertise or promote goods or services without Grin’s prior written permission (including, without limitation, by sending spam);
- Take or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law;
- Interfere with others using the Content or Services or otherwise disrupt the Content or Services;
- Transmit, collect, or access personally identifiable information about other users without the consent of those users and Grin;
- Engage in unauthorized spidering, “scraping,” or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information;
- Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
- Make or draft any statement that contains false or misleading indications of origin or statements of fact;
- Defeat any access controls, access any portion of the Content or Services that we have not authorized you to access (including password protected areas), link to password protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials; or
- Use the Content or Services for any other purpose prohibited under these Terms.
4. Other Restrictions
You must only access and use our Services if it is legal for you to do so according to the laws that apply in your jurisdiction or in the jurisdiction in which you access our Services. Grin prohibits persons located in (including temporary visitors) or residents of certain jurisdictions from accessing or using its Services (“Prohibited Jurisdictions”).
Any attempt to circumvent the restrictions on play by any persons located in a Prohibited Jurisdiction, is a breach of this Agreement. An attempt at circumvention includes, but is not limited to, manipulating the information used by Grin to identify your location and providing Grin with false or misleading information regarding your location or place of residence. Any such attempt will entitle us to take such steps as we deem appropriate including, without limitation, terminating accounts.
These restrictions are put in place in line with US, UK, and EU sanction policies as well as anti-money-laundering guidelines.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms.
In order to use the Content or the Services, you must be 18 years of age or older at the time of registration. By agreeing to these Terms, you represent and warrant that you are over the age of 18 and you will not allow anyone under the age of 18 to use your account for any purpose. Users over the age of 18 who have not yet reached the age of majority according to the laws of the state or country in which they reside must have the permission of their parent or legal guardian to use the site and open an account, and the account will be deemed to be the account of the parent or legal guardian and the parent or legal guardian is bound by these Terms.
Grin employees may use the Services for the purpose of testing the user experience, but may not withdraw money or prizes. Grin consultants or promoters of the Services may play in contests without such limitation, but only if (i) their arrangement with Grin does not permit them to have any access to nonpublic data or any other data not made available to all players on the Services and (ii) they do not receive any other advantages in their play on the Services.
6. Your Registration Obligations
To register on Grin you need to enter an email address and password, and you need to agree to these Terms. Since Grin uses your email address to look up your account information, and to send you password change requests and other useful correspondence you should be sure to use a valid email address when registering. You should also keep your email address up to date using the MY ACCOUNT page. If you use an invalid email address, you may find it difficult to retrieve your password and get customer service. Users of the Service must provide their real names and information and, in order to comply with this, all users must commit to the following rules when registering and maintaining your account:
- you must not provide any false personal information on the Service, or create an account for anyone other than yourself;
- you must not use your personal profile for your own commercial gain (such as selling your status update to an advertiser); and
- when you select an Avatar for your account, Grin reserves the right to remove or reclaim it as it believes appropriate.
Avatars may be removed for any reason or no reason including but not limited to (i) a violation of another section of these requirements, (ii) any otherwise Prohibited Use, or (iii) any possible violation of Grin’s or a third party’s rights including trademarks, trade names, or other identifying information.
7. Rules Relating to Sweepstakes/Contests
From time to time, Grin may engage in promotional activities that include sweepstakes and/or contests (collectively referred to as a “Contest” or “Contests”). The rules of each Contest shall by separately set forth, but in no event shall persons be permitted to participate in said Contests in any jurisdiction in which such activities are unlawful. In addition to any specific rules of each Contest, the following rules shall apply to Contests. In the event of a conflict between the rules of a specific Contest and the rules set forth in this section, the rules of the specific Contest shall control.
Prohibited Conduct. Grin, in its sole discretion, may disqualify from any service, refuse to award points or prizes, and/or require the return of any prizes from a Contest participant who engages in conduct that Grin deems to be illegal, improper, unfair, or otherwise adverse to the operation of our Services, including the Websites, or in any way detrimental to other participants, or that violates these Terms. Such misconduct includes, but is not limited to, falsifying personal information required to use the Websites, avail oneself of our Services, or to claim a prize; violating any of these Terms; accumulating points or prizes through unauthorized methods such as the use of automated scripts or other automated means; tampering with the administration of the Websites or any of our Services or trying in any way to tamper with the computer programs associated with the Websites or any of our Services; obtaining other participants’ information for purposes of spamming them or interfering with their play; and abusing our Services, including the Websites in any way. You further acknowledge that the forfeiture or return of any prize shall in no way prevent Grin from pursuing civil or criminal proceedings in connection with your misconduct.
Age Requirements. Contests are restricted to participants aged 18 years and older. Participants over the age of 18 who have not yet reached the age of majority according to the laws of the state in which they reside must have the permission of their parent or legal guardian to enter Contests.
Compliance with Contest Specific Rules. In addition to these Terms, you must comply with all of the rules for the specific Contest that you are entering. Those rules govern the basis of awarding points/prizes, entry requirements, and all other rules for each respective Contest. The rules relating to each Contest are available here: Contest Rules.
Award of Prizes. After each Contest ends, points/prizes may be awarded in accordance with the Contest’s rules. Prizes for each Contest are listed at the outset of the Contest and are not subject to change based on the number of participants or total entry fees for that Contest. Prize calculations are based on Contest results as of the time when Grin tabulates final scoring. After prizes are awarded, scoring results will not be changed. Grin’s decisions are final.
Contest prizes may not be substituted or transferred. All taxes and any expenses associated with the receipt or use of any prize are the sole responsibility of the winner. If prize awards are challenged by any legal authority, Grin may, in its sole discretion, decline to award such prizes.
Claiming Prizes. Winners are generally posted on the Websites and/or notified within twenty-four hours. Winners may be asked to return via e-mail or regular mail an affidavit of eligibility and appropriate tax forms. A winner’s failure to comply with such requests within the time stated can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. If a winner is considered to be a minor is his or her state of residence, at Grin’s sole option, the prize will either be awarded to the minor winner’s parent or legal guardian on behalf of the winner, or the minor’s parent or guardian will be required to ratify and sign the affidavit of eligibility. A list of winners for each competition period may be obtained by written request to: [email protected]
Grin may provide links, in its sole discretion, to other websites solely as a convenience to you. These websites are maintained by third parties over which Grin exercises no control. Any activities you engage in involving third-party websites are subject to privacy policies, terms and conditions, and other rules issued by the operator of those websites. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located on or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from our Websites, you do so entirely at your own risk.
Running or displaying these Websites, or any information or material displayed on these Websites, in frames or through similar means on another website without our prior written permission is prohibited.
You represent, warrant and covenant that you: (a) will not use the Websites, Content and Services for any Prohibited Use; (b) will not upload, post, transmit, distribute or otherwise publish through the Websites, Content, and Services any materials, or take any action, that constitutes a Prohibited Use; (c) are 18 years old or older, and will not allow any person under that age to use the Websites, Content and Services; and (d) will comply with these Terms in connection with your use of the Websites, Content and Services.
10. Reservation of Rights
Grin expressly reserves, in its sole discretion, the right to immediately modify, suspend or terminate your account and refuse current or future use of any Services or access to Content for any reason. In the event that such termination is due to your breach of these Terms or wrongdoing by you, Grin may immediately terminate your account without notice, and such termination does not prejudice Grin’s right to pursue damages against you for such breach. Grin has the right to modify or discontinue the Services. You agree that Grin will not be liable to you or to any third party for any modifications or discontinuance of the Services or Content.
11. User Content
12. Password and Security
Grin may permit you to register for and log onto its Services via certain third party social networks, such as by using Twitch, Steam or Facebook. If you log in via such social networks, the profile information connected to the account you use to log into the Service, including your name or Avatar, may be used by Grin in order to provide and support your account. You also acknowledge and agree that Grin may publish information regarding your use of our Services to and in connection with any such third party social network with which you use our Services. At any point, you may notify Grin that you no longer agree with Grin publishing such information, but Grin reserves the right to discontinue offering any or all of our Services as necessary.
13. GOVERNING LAW/ARBITRATION/CLASS ACTION WAIVER
THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND GRIN, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE WEBSITES, TO THE USE OR ACCESS THEREOF, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITES, TO THE PRODUCTS, CONTENT, SERVICES, MATERIALS, PROGRAMS, CONTESTS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITES, AND/OR TO THESE TERMS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE WEBSITES CONCERN INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT ("FAA") GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE CALIFORNIA OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. THE ARBITRATION SHALL TAKE PLACE IN LOS ANGELES COUNTY, CALIFORNIA, OR IN THE CITY NEAREST TO YOUR PRINCIPAL PLACE OF RESIDENCE WHERE THE AMERICAN ARBITRATION ASSOCIATION HAS AN OFFICE. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS IN ACCORDANCE WITH TITLE 9 OF THE US CODE (UNITED STATES ARBITRATION ACT) UNDER THE JAMS’S ARBITRATION RULES & PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE ARBITRATION RULES & PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.
13.2 NO CLASS ACTIONS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU OR WE MAY HAVE IN CONNECTION WITH OR RELATED TO THE WEBSITES, TO THE USE OR ACCESS THEREOF, TO THE ADVERTISING AND OTHER CONTENT ON THE WEB SITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS, CONTESTS, OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITES, AND/OR TO THESE TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY CLAIM, DISPUTE OR CAUSE OF ACTION IN CONNECTION WITH OR RELATED TO THE WEBSITES, TO THE USE OR ACCESS THEREOF, TO THE ADVERTISING AND OTHER CONTENT ON THE WEB SITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS, CONTESTS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEB SITE, AND/OR TO THESE TERMS.
14. Invalidity of Specific Terms
If any provision of these Terms or any document incorporated by reference is found by a court or tribunal of competent jurisdiction to be invalid, the parties nevertheless agree that the court or tribunal should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.
YOUR USE OF THESE WEBSITES IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS, CONTENT AND SERVICES PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE WEBSITES OR OTHERWISE PROVIDED BY US ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITES AND OUR PRODUCTS, CONTENT AND SERVICES. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITES OR ANY INFORMATION, PRODUCTS, CONTENT, OR SERVICES WE PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE WEBSITES OR ANY INFORMATION, PRODUCTS, CONTENT, OR SERVICES WE PROVIDE. THE INFORMATION, MATERIALS, PRODUCTS, CONTENT, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITES MAY BE OUT OF DATE, AND NEITHER GRIN NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS, CONTENT OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS, CONTENT, OR SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GRIN OR THROUGH GRIN’S WEBSITES, PRODUCTS, CONTENT, AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
16. LIMITATION OF LIABILITY.
GRIN DOES NOT ASSUME ANY RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO OR ANY VIRUS THAT MAY INFECT YOUR COMPUTER, EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THESE WEBSITES, OR YOUR DOWNLOADING OF OR ACCESSING ANY MATERIALS FROM THE WEBSITES. IN NO EVENT WILL GRIN, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THESE WEBSITES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITES, ANY WEBSITES LINKED TO THE WEBSITES, OR THE MATERIALS, INFORMATION, PRODUCTS, CONTENT OR SERVICES CONTAINED ON OR PROVIDED IN CONNECTION WITH THE WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT GRIN SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITES OR ANY CONTENT, PRODUCTS, OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITES OR THE CONTENT, PRODUCTS, OR SERVICES.
You agree to defend, indemnify, and hold harmless Grin, its affiliates and subsidiaries, and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any breach by you of these Terms.
18. Report Violations
If you witness any user activity in the service that violates these Terms, please notify us of the activity via [email protected]. Grin cannot guarantee that any action will be taken as a result of your email, but we appreciate your help in making the service an enjoyable experience for all users.
19. Digital Millennium Copyright Act (DMCA) (US Residents)
DMCA Complaint Requirements. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through Our Services, including the Websites, please notify our copyright agent, designated below, in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner; and
- Specific identification of the copyrighted work that you claim has been infringed; and
- Specific identification of the material that is claimed to be infringing and where it is located on the Website or Our Services; and
- Information reasonably sufficient to permit us to contact you, including your name, address, telephone number, and, e-mail address; and
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Please also note that the information provided in a notice of copyright infringement may be forwarded to the person or entity who posted the allegedly infringing content. After removing material pursuant to a valid DMCA notice, Grin will immediately notify the individual or entity responsible for the allegedly infringing material that it has removed or disabled access to the material. Grin will terminate, under appropriate circumstances, the accounts of individuals who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any individual for actual or apparent copyright infringement.
Submitting a DMCA Counter-Notification: If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Grin by providing the following information to the Designated Agent at the address below:
- The specific URLs of material that Company has removed or to which Grin has disabled access; and
- Your name, address, telephone number, and email address; and
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Los Angeles, California if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person; and
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”; and
- Your signature.
Upon receipt of a valid counter-notification, Grin will forward it to notifying party who submitted the original DMCA notification. The original notifying party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If the Company does not receive any such notification within ten (10) days, we may restore the material to the Websites.
DMCA Agent. The above information must be submitted to [email protected]
20. Grin Coins
Grin Coins are a fake, virtual currency that are solely available and usable on gringaming.com. You will have the opportunity to purchase Grin Coins through the Website for “real world” money if you are legally permitted to purchase such virtual currency in your country, province, jurisdiction and/or state of residence. You will also have the opportunity to win or earn Grin Coins by participating in various activities, some of which are described below. Whether purchased with “real world” money, earned or won, Grin Coins have no monetary value, may never be redeemed for “real world” money, goods or other items of monetary value from Grin or any other party, and do not constitute currency of property of any type. Grin Coins cannot be converted into cash or cash equivalents, cannot be transferred to another player, and are used purely for entertainment purposes. Grin Coins may only be held by legal residents of jurisdictions where access to and use of the Services are permitted. Grin Coins may only be purchased or acquired from us and through means we provide on the applicable Websites or otherwise expressly authorize. We will not honor Grin Coins bought or sold on any secondary market. We reserve the right to refuse your request to purchase and/or acquire Grin Coins for any reason. Prices and availability of Grin Coins are subject to change without notice.
Grin Coins may be redeemed to participate in certain of the Services. Grin Coins may also be used to enter into contests, sweepstakes or other giveaways. All such contests are subject to section 7 of these Terms, as well as any additional rules which may be specifically set forth for the applicable contest. No purchase is required to participate in games, sweepstakes, contests or other giveaways involving Grin Coins. No “real world” money can be won by participating in wagering, games, competitions, or contests involving Grin Coins.
Users may bet Grin Coins on the outcomes of particular games, multiple games, or specific events occurring in those games. Winners of each bet are determined based on real-world results, subject to the terms and conditions contained herein.
Users are only permitted to open a single account with Grin. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use Grin Coins with the Services, you have no right or title in or to Grin Coins, or any other attributes associated with the Services or stored within the Services. Grin has the absolute right to manage, regulate, control, modify and/or eliminate Grin Coins as it sees fit in its sole discretion and to the extent legally permissible, and Grin shall have no liability to you or anyone for exercise of such rights. In addition to the above, Grin reserves the right to cancel any bets and remove Grin Coins from any contests, sweepstakes or other giveaways to remedy exploitation of the system and maintain the integrity of Grin games, bets, and competitions.
In the event a user wins any prize through a contest, sweepstake or other giveaway, said user must respond to communications from Grin and provide necessary shipping information within 7 days in order to claim their prize. If the user fails to respond, said user may forfeit their prize and Grin reserves the right to give that prize away to another user.
21. Term and Termination
These Terms and your right to use the Websites will take effect at the moment you access or use the Websites. Moreover, without the prior written consent of Grin, any use of the Websites other than as specifically authorized herein is strictly prohibited. Grin reserves the right, without notice and its sole discretion, to terminate your right to use the Websites and to block or prevent your future access to, and use of, the Websites. The provisions concerning Grin’s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of the Terms for any reason. Grin retains has the right to change or discontinue the Websites or any feature of the Websites at any time.
If any provision (or part thereof) contained in these Terms is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.
24. Contact Us
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Websites either here or at [email protected]
Note: Beta users (users who have won coins on new or experimental features) may have their US Dollar-based winnings capped.
All rights not granted herein are expressly reserved to Grin.
Last Updated: February 1, 2019
- the types of information we collect through our Services;
- how we use and protect that information;
- the types of information we may share with others and under what circumstances; and
- the choices you have regarding our collection, use and sharing practices.
We also include a specific disclosure about our use of third-party cookies and other tracking technologies. We use these technologies to deliver our Services, gather data for our internal analytics, and for advertising.
This Policy applies to Grin and our websites, application, emails we send, as well as the information we collect when you interact with us through social media or other websites and online services. It also applies anywhere it is linked. It does not apply to non-Grin websites and mobile applications that may link to the Services or be linked to or from the Services; please review the privacy policies on those websites and applications directly to understand their privacy practices.
For questions about our privacy practices, contact us at:
What do we collect?
Information You Give Us
Information you provide by filling in forms on our websites or application. This includes:
- Contact and demographic information when registering to use our Services
- Email address information when subscribing to our email bulletins
- Details of transactions you carry out through our site and of the fulfilment of your orders, including credit card information
- Any information or data you provide by interacting in our online forums and chatrooms, or by commenting on content posted on our Services. The content may be visible to other users of our Services
- Information you provide when you interact with us via social media, including any posts, pictures, videos and messages which you submit to us either via our social media sites (including by use of hashtags associated with us) or our site
- If you contact us, we may keep a record of that correspondence
Information We Collect Automatically
- Details of your visits to our site and information generated in the course of the use our site (including the timing, frequency and pattern of service use) including, but not limited to, traffic data, weblogs and other communication data, the resources that you access, how you reached our site, and information related to your prize/winning history
- Detail regarding the device you use to access our website, application, or digital services, including, where available, your IP address, location based on IP address, operating system and browser type, geolocation of mobile device, apps downloaded, and language preference
- Information that you make available to us on a social media platform (such as by clicking on a social media icon linked from our Services or choosing to log in through a social media account), including your account ID or username, full name and contact information, and other information included in your posts
To Provide You with Our Products and Services
- Process information at your request to take steps to enter into a contract for sale or for services
- Provide you with our services
- Process payments
- Maintain business and service continuity
- Send service communications
To Enable Additional Features or Interact with Us Outside Our Website (such as via email)
- Display your messages/captions, photos and/or videos (which may include ‘likes’, comments or other reactions to such messages/captions, photos and/or videos)
- Send you direct marketing communications if you consented to us doing so
To Provide You with The Best Service and Improve and Grow Our Business
- Provide you with personalized service
- Improve our services
- Keep our site and systems safe and secure
- Understand our customer base and purchasing trends
- Create custom audiences on social media sites
- Understand the effectiveness of our marketing
To Detect, Investigate and Prevent Activities that May Violate Our Policies or Be Fraudulent or Illegal
- Defend against or exercise legal claims
- Investigate complaints or potential legal violations
- Assist law enforcement
- Comply with legal requirements regarding the provision of products and services
- Distribution companies, fulfilment companies and other similar sub-contractors
- Payment processors
- Marketing automation partners
- Website, software or data storage companies
- Analytics and search engine providers that assist us in the improvement and optimization of our site
- Customer survey providers in order to receive feedback and improve our services
Business Partners and corporate Affiliates
- Affiliates or clients who may sell services of interest to you
- Any member of our group of companies
Social Media Platforms
- For the purpose of authenticating you as a user on our site (if you choose to login using a social media account)
- If you choose to log in to your account with or through a social networking service, Grin and that service may share certain information about you and your activities.
- To enable you to use social media to enhance your interaction with our Services, such as to “Like” or “Share” content.
- For advertising purposes, as described above
Note: Your interaction with social media platforms typically allows for the collection of some information about you through cookies they place on your device and other tracking mechanisms. In some cases, social media platforms may recognize you through their cookies even when you do not interact with their applications. Please visit their respective privacy policies to better understand their data collection practices and controls they make available to you.
Additional Information About our Data Collection and Sharing Practices
Sharing of Aggregated Data
We may analyze aggregated, de-identified data and share these analyses at our discretion, including with marketing agencies, media agencies and analytics providers. These third parties will not be able to relate this data to identifiable individuals.
Combination of Information
We may combine information from the Services with other information we obtain from our business records, our affiliates or from third-party sources.
Personal Data Collected From You About Others
If you decide to invite others to the Site, we will collect your and the third party’s names, e-mail addresses, and/or phone numbers in order to send an e-mail or text message and follow up with the third party. We rely on you to obtain the third party’s consent to this before giving us their personal data and not to send us the contact details of any child under 16. We will inform any third party you invite that you gave us his or her details in the invitation e-mail.
Change of Ownership or Corporate Organization
We may transfer to another entity or its affiliates or service providers some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control or financing transaction. We cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat your information the same as described in this Policy.
Cross-border Transfer of Data
If you use our Services outside of the United States, you understand that we may collect, process and store your personal information in the United States and other countries. The laws in the U.S. regarding personal information may be different from the laws of your state or country. Any such transfers will comply with safeguards as required by relevant law. By using the Services, you consent to the collection, international transfer, storage and processing of your data.
Your Options and Rights
Information Stored on Your Account Profile
Please visit the your account page to update your contact information and payment method.
Our Email Bulletins
If at any time you would like to unsubscribe from receiving future emails, you can click the unsubscribe link at the bottom of any email bulletin, or email us at [email protected] and we will promptly remove you from all correspondence.
Sharing of Information with Affiliates
We will strive to anonymize any data related to you before we share with third parties. Anonymized data may, in some circumstances, be linked back to you. You may opt-out of sharing by changing the “Share my data setting” on your account profile.
Information for Individuals Located in the EEA and Switzerland
Purposes of processing and legal basis for processing
We process personal data on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide Services; and (3) as necessary for our legitimate interests in providing the Services where those interests do not override your fundamental rights and freedom related to data privacy.
Right to lodge a complaint
Users that reside in the EEA or Switzerland have the right to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here.
If you are a resident of the EEA or Switzerland, you are entitled to certain rights. Please note: In order to verify your identity, we may require you to provide us with personal information prior to accessing any records containing information about you. These rights include the ability:
- to request from us access to personal information held about you
- to ask for the information we hold about you to be rectified if it is inaccurate or incomplete;
- to ask for data to be erased if the data is no longer necessary for the purpose for which it was collected, you withdraw consent and no other legal basis for processing exists, or you believe your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing.
- to request that we restrict our processing if we are processing your data based on legitimate interests or the performance of a task in the public interest as an exercise of official authority (including profiling); using your data for direct marketing (including profiling); or processing your data for purposes of scientific or historical research and statistics.
How We Secure the Information We Collect From or About You
We use a combination of physical, technical and administrative safeguards to protect the information we collect through the Services. While we use these precautions to safeguard your information, we cannot guarantee the security of the networks, systems, servers, devices and databases we operate or that are operated on our behalf.
Your California Privacy Rights
Grin provides you choice prior to sharing certain categories of your personal information to third parties for direct marketing purposes. You can opt-out of sharing on your account profile.
Our Practices Regarding Information Belonging to Children
The Services are intended for users age thirteen and older. Grin does not knowingly collect personal information from children. If we discover that we have inadvertently collected personal information from anyone younger than the age of 13, we will delete that information.
Additional Information About Third-Party Cookies
- Site Operations: Enabling features that are necessary for providing you the services on our site, such as identifying you as being signed in
- Analytics: Allowing us to understand how our services are being used, track site performance and make improvements
- Social Media: Enabling the sharing of content from our services through social networking and other sites
Below is a list of these partners with links to more information regarding their use of your data and how to exercise your options regarding tracking.
|Analytics||How Google uses information from sites or apps that use our services|
Most web browsers automatically accept cookies but, if you prefer, you can usually modify your browser setting to disable or reject cookies. If you delete your cookies or if you set your browser to decline cookies, some features of the Services may not be available, work or work as designed.
You may be able to opt out of or block tracking by interacting directly with the third-parties who conduct tracking through our Services. Please see below for more information.
You can learn more about ad serving companies and the options available to limit their collection and use of your information by visiting the websites for the Network Advertising Initiative, the Digital Advertising Alliance, and the European Interactive Digital Advertising Initiative. Similarly, you can learn about your options to opt out of mobile app tracking by certain advertising networks through your device settings and by resetting the advertiser ID on your Apple or Android device.
Please note that opting out of advertising networks services does not mean that you will not receive advertising while using our Services or on other websites, nor will it prevent the receipt of interest-based advertising from third parties that do not participate in these programs. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms. If you delete your cookies, you may also delete your opt-out preferences.
Your browser or device may include “Do Not Track” functionality. At this time, Grin does not respond to browser “Do Not Track” signals.
Changes to This Policy
We may make changes to this Policy from time to time. We will post any changes, and such changes will become effective when they are posted. Your continued use of our Services following the posting of any changes will mean you accept those changes.
Grin Gaming, Inc. Sweepstakes Terms of ServicePlease note that Apple is not involved in any way with the contest or sweepstakes.
These Terms of Service (the “Terms”) govern the relationship between Grin Gaming Inc. (hereinafter, “Grin Gaming” “us,” or “we”) and you regarding your use of the Grin Gaming Inc. website (the “Website”), Grin Gaming’s entertainment services, the Grin Gaming mobile game application (“App”) and any other of Grin Gaming’s products or services used to facilitate your use of such services (collectively the “Service”).
IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS CREATE A LEGALLY BINDING AGREEMENT WHICH GOVERNS YOUR USE OF THE SERVICE. BY CREATING AN ACCOUNT (AS DEFINED BELOW) OR BY ACCESSING OR USING THE SERVICE OR ANY CONTENT OFFERED THROUGH THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICE. IF YOU WERE USING A BETA VERSION OR OTHER VERSION OF THE SERVICE OFFERED PRIOR TO YOUR ACCEPTANCE OF THESE TERMS, THESE TERMS ALSO APPLY TO YOUR PAST USE OF THAT BETA OR OTHER VERSION OF THE SERVICE.
1. Right, License, and Restrictions. 1.1 License Grant for Service Subject to your agreement to, and continuing compliance with, these Terms and any other relevant Grin Gaming policies, Grin Gaming grants you a non-exclusive, non- transferable, revocable limited right and license to access and use the Service. As used in these Terms, “Other User” means another licensee or user of the Service; “All Users” means you and all Other Users.
1.2 App Specific Terms You may agree to be bound by other terms regarding use or installation of the App and such terms continue to apply regardless of you agreeing to be bound by the Terms except to the extent such other terms conflict with any of the Terms, these Terms shall apply. You agree not to distribute or modify the App. You agree to always only use the latest available version of the App and acknowledge that any use of an older version of the App may result in some or all parts of the Service to not be available or to not function properly. You agree not to reverse engineer, decompile or otherwise attempt to view the source code for the App.
1.3 Minimum Age Requirement An individual must be at least 13 years of age to use the Service.
1.4 Accounts or Access You must register for an account through the Service (an “Account”). You may only register for one Account. An “Account Holder” means the person in whose name an Account is registered.
1.5 Sweepstakes Rewards Sweepstakes Terms are available at: http://www.GrinGaming.com/legal
1.6 Use of the Service The following restrictions apply to the use of the Service:
(a) You accept full responsibility for any unauthorized use of the Service by parties not authorized to use any of your Accounts. Additionally, you are responsible for any use of your credit card or other payment instrument (e.g. PayPal) incurred by parties using your Account;
(b) You shall not create an Account using a false identity or false information, or on behalf of someone other than yourself;
(c) Without first obtaining the written permission of Grin Gaming, you shall not register for an Account or in any way use the Service if Grin Gaming has removed, suspended, or otherwise terminated any Account registered for by you, or on behalf of you or if Grin Gaming has notified you that you may not use the Service;
(d) You shall not use your Account to advertise, solicit or transmit any commercial advertisements, including chain letters, junk email or repetitive messages to anyone;
(e) You shall not use the Service to engage in any illegal conduct;
(f) You shall not rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without Grin Gaming’s written permission;
(g) You shall not reproduce, distribute or publicly display any content you access through the Service unless such content is clearly marked as “public” and you have been given the right to view such content; and
(h) You shall not do anything with any content you access through the Service that has been marked with restrictions or other instructions that is counter to such restrictions or other instructions.
1.7 Account Information and Management
(b) Login Information. During the Account creation process, you will be required to select a username and password (“Login Information”). The following rules govern the security of your Login Information:
(i) You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account;
(ii) In the event you become aware of, or reasonably suspect, any breach of security, including without limitation any loss, theft or unauthorized disclosure of the Login Information, you must immediately notify Grin Gaming and change the password on your Account;
(iii) You are solely responsible for maintaining the confidentiality of the Login Information and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and
(iv) You are responsible for anything that happens through your Account.
(c) Account Access. You may access your Account and use the Services on up to (1) different mobile devices but may only be logged into your Account on one (1) device at a time.
(d) Reclaiming Usernames. Grin Gaming reserves the right to remove or reclaim any username at any time and for any reason or no reason, including but not limited to claims by a third party that a username violates the third party’s rights.
1.8 License and Account Limitations and Prohibitions
(a) General Effects of Violations. Any use of the Service in violation of these Terms is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1, and may subject you to liability for violations of law. Grin Gaming is permitted to list or restrict use of the Service for anyone who Grin Gaming reasonably believes has or will violate any applicable law when using the Service.
(b) Activity Prohibitions. You agree that you will not, under any circumstances:
(i) Engage in any act that Grin Gaming deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms;
(ii) Use the Service in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
(iii) Modify or cause to be modified any files or content that are used to offer the Service, without the express prior written consent of Grin Gaming;
(iv) Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service (each a “Server”) or (2) the use or enjoyment of the Service by any other person;
(v) Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service;
(vi) Gain, or attempt to gain, unauthorized access to the Service, Accounts, Servers or networks connected to the Service by any means (including, but not limited to, circumventing or modifying, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Service);
(vii) Post any information that is abusive, threatening, obscene, defamatory, libelous or racially, sexually, religiously or otherwise objectionable or offensive;
(viii) Post any information that contains nudity, excessive violence or offensive subject matter or that contains a link to such content;
(ix) Harass, abuse, harm, or advocate or incite harassment, abuse or harm of another person or group of persons, including Grin Gaming employees or customer service representatives;
(x) Post, distribute or make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity or other right of any person or entity or impersonates any other person;
(xi) Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items.
(xii) Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms;
(xiii) Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server or the Service, whether through the use of a network analyzer, packet sniffer or other device;
(xiv) Make any automated use of the Service or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure, as we determine in our sole discretion;
(xv) Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology or device to send content or messages, scrape, spider or crawl the Service, or harvest or manipulate data from, through, or relating to the Service;
(xvi) Use, facilitate, create or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Service or (2) any connection using programs, tools or software not expressly approved in writing by Grin Gaming;
(xvii) Copy, modify or distribute rights or content from any Grin Gaming site, including but not limited to content that contains or is protected by Grin Gaming’s copyrights or trademarks or use any method to copy or distribute the content of the Service, except as specifically allowed in these Terms;
(xviii) Solicit or attempt to solicit personal information from Other Users, other than from Users with whom you have an existing business relationship and only in connection with a bona fide business purpose for which the Service is intended;
(xix) Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image, video, or other form), identification documents or financial information through the Service; or
(xx) Upload or transmit (or attempt to upload or to transmit), without Grin Gaming’s express written permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
1.9 Suspension and Termination of Account and Service
(a) FAILURE TO COMPLY. WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY, WITH OR WITHOUT NOTICE TO YOU, LIMIT, SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT OR YOUR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF, IN OUR SOLE DISCRETION, YOU FAIL TO COMPLY WITH ANY OF THESE TERMS OR YOUR ACCOUNT IS USED FOR ACTUAL OR SUSPECTED ILLEGAL ACTIVITY OR IMPROPER USE OF THE SERVICE. GRIN GAMING SHALL BE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR ADVERSE RESULTS THAT ARE DUE TO THE SUSPENSION, TERMINATION, MODIFICATION, OR DELETION OF YOUR OR ANY ACCOUNT.
(b) IP INFRINGEMENT.
(i) WITHOUT LIMITING ANY OTHER REMEDIES, WE MA Y LIMIT, SUSPEND OR TERMINATE THE SERVICE AND ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SITES AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE ANY CONTENT AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT YOU ARE CREA TING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.(ii) REPEAT INFRINGERS. IN APPROPRIATE CIRCUMSTANCES IT IS OUR POLICY TO SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO ARE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
(c) Right to Cease Service. Grin Gaming reserves the right to stop offering and/or supporting the Service or part of the Service at any time, at which point the license granted hereunder to you to use the Service or a part thereof will automatically terminate. Grin Gaming shall not be required to provide refunds, benefits or other compensation to users in connection with such cessation of the Service or any part thereof.
(d) Termination of Account. Termination of your Account can include disabling your access to the Service or any part thereof, including disabling access to any content that you or Other Users submitted. You agree that if your Account is terminated, Grin Gaming will not be obligated to preserve, provide you access to, or provide copies of any content submitted to the Service relating to your Account, whether by you or another User.
(e) Cancellation of Account. You may cancel your Account at any time by emailing [email protected]
1.10 Intellectual Property and Ownership in Service
The Service, and all of its components and contents, (including without limitation any computer code, template content, pre- populated content, concepts, artwork, animations, sounds, musical compositions, audio-visual effects and text contained within) is owned by Grin Gaming or its licensors, and all of which material is protected by United States and international patent, copyright, trademark, trade secret, and other intellectual property laws.
2. Posted Content
2.1 Posted Content
“Posted Content” means any communications, videos, images, sounds, and all the material, data, and information that you upload, post, publish or transmit through the Service, including without limitation any comments you may make about content uploaded or transmitted by Other Users. We may provide you with templates, pre-populated communications, or other content through the Service (“Template Content”) that you may distribute, use or modify as part of using our Service to communicate with Other Users in a manner consistent with the intended use of the Service. You acknowledge that your use of any Template Content does not relieve you of any responsibilities or obligations under this Agreement. By transmitting or submitting any Posted Content while using the Service, you affirm, represent and warrant that such transmission or submission:
(a) is accurate and not confidential;
(b) is not in violation of any applicable law, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the Posted Content;
(c) will not, when Grin Gaming exercises rights in Posted Content granted under Terms, result in any infringement of the intellectual property rights of any third party or violate or misappropriate any rights of publicity or privacy for any third party; and
(d) is free of viruses, adware, spyware, worms or other malicious code. You further represent and warrant that you have all rights necessary to transmit Posted Content to Grin Gaming and to grant the rights in Posted Content granted to Grin Gaming under these Terms.
2.2 Licenses to Posted Content
You hereby grant Grin Gaming a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, assignable, unlimited license and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works of, manufacture, introduce into circulation, publish, distribute, sublicense, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your Posted Content as well as all modified and derivative works thereof. Grin Gaming will only exercise the rights granted in this Section 2.2 to offer or to facilitate the offering of Services. To the extent permitted by applicable laws, you hereby waive any moral rights or any of your rights of publicity or privacy you may have in any Posted Content. Grin Gaming will cease any further public display or distribution of any Posted Content if you use the features of the Service that permit you to indicate that certain Posted Content is to no longer be displayed or distributed to Other Users except Grin Gaming retains the right to display or distribute any Posted Content as necessary for Grin Gaming to fulfill its legal duties or in connection with bringing or defending any legal claims or actions that may arise now or in the future.
2.3 Content Screening
(a) Consent to Monitoring. By entering into these Terms, you hereby provide your irrevocable consent to our monitoring and recording of your use of the Service. You acknowledge and agree that you have no expectation of privacy vis a vis us or any of our service providers who provide services to us or you as part of the Service concerning the transmission of any information, including without limitation chat, text or voice communications.
(b) Options Regarding Posted Content. Grin Gaming may reject, refuse to post or delete any or all Posted Content for any or no reason, including, but not limited to the reason that, in the sole judgment of Grin Gaming, the contents or posting or other use of such Posted Content in connection with the Service violates these Terms.
2.4 User Interactions and Legal Problems; Releases
You hereby release us, and our officers, directors, agents, subsidiaries, joint ventures and employees, from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute that arises between you and one or more Other Users. If you are a California resident, you acknowledge that you are aware of, and hereby waive your rights under the provisions of California Civil Code Section 1542, which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
3. Fees and Purchase Terms
You agree to pay any and all fees and applicable taxes incurred by you or anyone using an Account registered to you. Any required fees will be specified as part of the Service or when you register your Account. Grin Gaming reserves the right to charge fees for any parts of the Service that may have previously been offered without a fee. You agree that Grin Gaming in the future may offer premium services as part of the Service that may require fees or additional fees. Grin Gaming may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT GRIN GAMING IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED PRODUCTS AND SERVICES WHEN YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
4. Third Party Advertising
4.1 Third Party Advertisements
4.2 Links to Third Party Sites and Dealings with Advertisers
Grin Gaming may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving a benefit. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Grin Gaming makes no representation or warranty regarding any content, goods, or services provided by any third party even if linked from our Service, and we will not be liable for any claim relating to any third party content, goods, or services. The linked sites are not under the control of Grin Gaming and may collect data or solicit personal information from you. Grin Gaming is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Grin Gaming of these linked sites.
5. Copyright Notices; Complaints
It is Grin Gaming’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). For more information, please go to Grin Gaming’s “Copyright Page” to review our DMCA procedures. Grin Gaming reserves the right to terminate without notice any user’s access to the Service if that user is determined by Grin Gaming to be a “repeat infringer.” In addition, Grin Gaming accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
6. Updates to the Services
You understand that the Service undergoes frequent changes. Grin Gaming may require that you accept or only use updates to the App or Service in order to continue using the Service. You acknowledge and agree that Grin Gaming may update the Service without notifying you.
7. Disclaimer; Limitations; Waivers on Liability; Indemnification
7.1 Disclaimers of Warranties
(a) SERVICE PROVIDED “AS IS”. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY (30) CALENDAR DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
(b) NO WARRANTY OF ERROR-FREE OPERATION. WITHOUT LIMITING THE FOREGOING, NEITHER GRIN GAMING NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “GRIN GAMING PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
(c) NO WARRANTY REGARDING ACCESS TO ACCOUNTS AND CONTENT. GRIN GAMING DOES NOT WARRANT THAT ALL CONTENT OR INFORMATION POSTED BY AN ACCOUNT HOLDER WILL REMAIN AVAILABLE AT ALL TIMES OR WILL NEVER BE DELETED, CORRUPTED OR OTHERWISE UNAVAILABLE. GRIN GAMING DOES NOT WARRANT THAT THE SERVICE, ACCOUNT HOLDER INFORMATION OR ANY INFORMATION POSTED BY AN ACCOUNT HOLDER WILL BE KEPT FROM ANY PARTICULAR INDIVIDUAL OR ENTITY WHO EITHER HACKS OR ENGAGES IN UNAUTHORIZED ACCESS TO SUCH CONTENT OR INFORMATION OR IS MISTAKENLY GRANTED ACCESS BY GRIN GAMING OR THROUGH THE SERVICE.
(d) NO WARRANTY REGARDING REWARDS. GRIN GAMING MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO REWARDS RECEIVED UPON REDEMPTION OF GO POINTS. ALL REWARDS ARE SUBJECT TO THE WARRANTIES OFFERED BY THE THIRD PARTY MANUFACTURERS, PROVIDERS, AND SELLERS OF SUCH REWARDS. GRN GAMING MAKES NO WARRANTIES RELATED TO PRICING OF REWARDS RELATIVE TO OTHER SOURCES OF OBTAINING SUCH REWARDS OUTSIDE OF THE SERVICE.
7.2 Limitations; Waivers of Liability
(a) DISCLAIMER OF INDIRECT DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE GRIN GAMING PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, OR YOUR REDEMPTION AND USE OF A REWARD OR A DEFECT OR FAILURE OF A REWARD.
(b) NOT RESPONSIBLE FOR THIRD PARTY CONDUCT. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE GRIN GAMING PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE GRIN GAMING PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE, OPERATORS OF EXTERNAL SITES AND MERCHANTS AND OTHER PROVIDERS OF REWARDS, AND THAT THE RISK OF THE SERVICE, THE REWARDS AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(c) MONETARY LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL THE GRIN GAMING PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID GRIN GAMING IN THE ONE HUNDRED EIGHTY (180) CALENDAR DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
(d) FAILURE TO PAY. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID GRIN GAMING ANY AMOUNTS IN THE ONE HUNDRED EIGHTY (180) CALENDAR DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GRIN GAMING IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
(e) DISCLAIMER MAY NOT BE APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, save, and hold the Grin Gaming Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, your use of a Reward, or any breach of the representations, warranties and covenants made by you herein. Grin Gaming reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Grin Gaming and you agree to cooperate with Grin Gaming’s defense of these claims. Grin Gaming will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that the provisions in this Section will survive any termination of Terms, your Account or of the Service.
8. Dispute Resolution
If a dispute arises between you and Grin Gaming, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and Grin Gaming agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Other than those matters listed in Section 8.2, you and Grin Gaming agree to seek resolution of the dispute only through arbitration of that dispute in accordance with the terms of this Section 8, and not litigate any dispute in court. Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
8.2 Exclusions from Arbitration
YOU AND GRIN GAMING AGREE THAT ANY CLAIM FILED BY YOU OR BY GRIN GAMING IN SMALL CLAIMS COURT OR BY GRIN GAMING RELATED TO PROTECTION OF GRIN GAMING OR ANY GRIN GAMING LICENSOR’S INTELLECTUAL PROPERTY ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION
8.3 RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN THIS SECTION 8, YOU MUST NOTIFY GRIN GAMING IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU FIRST ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO GRIN GAMING TERMS ADMINISTRATOR, AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR USERNAME, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH GRIN GAMING THROUGH ARBITRATION. 8.4 Class Action Waiver
ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND GRIN GAMING SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
8.5 Initiation of Arbitration Proceeding; Selection of Arbitrator
If you or Grin Gaming elect to resolve your dispute through arbitration, the party initiating the arbitration proceeding must initiate it with the American Arbitration Association (“AAA”). The terms of this Section 8 will govern in the event they conflict with the arbitration rules identified below.
8.6 Arbitration Procedures
Because the software and/or service provided to you by Grin Gaming concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, applicable federal or state law may also apply to the substance of any disputes. For claims of less than $75,000, the AAA’s Consumer Arbitration Rules shall apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at http://www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to, and negotiated in good faith with, Grin Gaming as described above, and if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to Grin Gaming or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
8.7 Location of Arbitration
You or Grin Gaming may initiate arbitration in San Diego, California.
If any clause within this Section 8 (other than the Class Action Waiver clause of Section 8.4) is found to be illegal or unenforceable, that clause will be severed from this Section 8 and the remainder of this Section 8 will be given full force and effect. If the Class Action Waiver (Section 8.4) clause is found to be illegal or unenforceable, this entire Section 8, except for this Section 8.8, will be unenforceable and the dispute will be decided by a court and IN THAT INSTANCE, YOU AND GRIN GAMING EACH WAIVE AND AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY, TO THE EXTENT ALLOWED BY LAW.
This Section 8 shall survive any termination of the Terms.
9. General Provisions
Grin Gaming may assign any of its rights or delegate any of its obligations under these Terms, in whole or in part, to any person or entity at any time without your consent. You may not assign or delegate any rights or obligations under the Terms without the prior written consent of Grin Gaming; any purported assignment or delegation in violation of this Section 9.3 is void.
9.4 Supplemental Policies
Grin Gaming may publish additional policies related to specific services such as forums, contests, or loyalty programs. Your use, if any, of such services is subject to such specific policies and these Terms.
9.5 Entire Agreement
9.6 No Waiver
GrinGaming.com 605 Indiana Ave, Venice, CA 90291
Attn: Terms Administrator
9.8 Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms to Grin Gaming are of a unique and irreplaceable nature, the loss of which shall irreparably harm Grin Gaming and which cannot be replaced by monetary damages alone, so that Grin Gaming shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7.2.
9.9 Force Majeure
Grin Gaming shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Grin Gaming, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Grin Gaming’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials.
9.10 Governing Law
Grin Gaming, Inc. DBA Grin Gaming Games.