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This Terms of Service (“Terms”) is a legally binding agreement that governs your use of GPSCASH.com and/or the Software and applications offered by GPS CASH, Inc. (“GPS CASH”) and accessed through third party web sites (collectively, the “Service”). In this agreement, “GPS CASH” means GPS CASH, Inc. By using or accessing the Service, you agree to be bound by these Terms.
a) Subject to your acceptance of these Terms, GPS CASH grants to you a non-exclusive, non-transferable, revocable limited license to use and display the Service and related software (excluding source and object code) for your personal (or household) non-commercial use by any machine(s) of which you are the primary user. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this agreement.
b) GPS CASH Reserves the right to change these Terms in any way and at any time. However, no amendment to these Terms shall apply to a dispute of which GPS CASH had actual notice on the date of amendment.
c) We will notify you of any modifications to these Terms with one or both of the following methods: 1) we will post any modifications on www.GPSCASH.com or within the Service, and/or 2) we will send you a message informing you of the modified terms and linking you to the posting at www.GPSCASH.com. You agree that you will, 1) periodically check www.GPSCASH.com for updates to these Terms, and 2) you will read the messages we send you to inform you of any changes. You agree that you will be considered to have been given notice of any modifications once we post them to www.GPSCASH.com and that your continued use of the Service after such notice shall be deemed an acceptance of any changes.
d) GPS CASH reserves the right discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability.
e) You agree to be bound by any application, forum, or Software specific rules published within the Service.
f) Your use of the Service is conditioned upon your compliance with these Terms and any use of the Service in violation of these Terms will be regarded as an infringement of GPS CASH’s copyrights in and to the Service. GPS CASH reserves the right to terminate your access to the service without notice if you violate these Terms.
g) You represent that you are 18 years old or older.
a) Unless otherwise specified in writing, all materials that are part of the Service are owned, controlled, or licensed by GPS CASH and are protected by law from unauthorized use. The entire contents of the Service are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. GPS CASH, the GPS CASH logos, and all Software names are trademarks of GPS CASH and may not be used without the express written permission of GPS CASH.
b) You do not acquire any ownership rights by using the Service, downloading material from or uploading material to the Service, or by purchasing any virtual goods.
c) You agree not to copy, redistribute, publish or otherwise exploit material from the Service, except as expressly permitted herein, without the express prior written permission of GPS CASH.
d) All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to GPS CASH in connection with the use of the Service shall be the exclusive property of GPS CASH. You agree that unless otherwise prohibited by law GPS CASH may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.
a) The Service may include a virtual, in-Software currency (“Virtual Currency”) including, but not limited to coins, cash, or points, that may be purchased from GPS CASH for “real world” money if you are a legal adult in your country of residence. The Service may also include virtual, in-Software digital items (“Virtual Goods”) that may be purchased from GPS CASH for “real world” money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from GPS CASH or any other party.
b) Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.
c) GPS CASH has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and GPS CASH shall have no liability to you or anyone for the exercise of such rights.
d) Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the Software, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from GPS CASH Service and possible legal action.
e) You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in GPS CASH's sole and absolute discretion, or if GPS CASH discontinues providing the Service.
a) The Service may invite you to video chat text chat, or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to GPS CASH and/or to or via the Service, including, without limitation, video images and content, text, writings, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively "User Content"). Any material you transmit to GPS CASH will be treated as non-confidential and non-proprietary.
b) You agree that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms without GPS CASH incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
c) You grant to GPS CASH the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.
d) GPS CASH has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but GPS CASH does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
e) GPS CASH has no obligation to accept, display, review, monitor, or maintain any User Content. We have the right to delete User Content from the Service without notice for any reason at any time. GPS CASH may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that GPS CASH reserves the right to treat User Content as content stored at the direction of users for which GPS CASH will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to GPS CASH's attention.
f) You acknowledge that you do not rely on GPS CASH to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
a) You are granted a limited revocable license to post an image of your personal video and/or screen shot from your account, of your video chat for example, within the Service and any other materials that GPS CASH specifically gives you notice may be posted on other web sites, on your own personal web site or on a third party web site that permits posting of content at the direction of users provided that such third party web site (i) is not commercially competitive to GPS CASH, (ii) does not criticize or injure GPS CASH, (iii) does not obtain any rights to such content other than a non-exclusive license to post it at your direction, and (iv) does not charge for access to such content or associated products, services or advertising with such content, so long as the web site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful or otherwise objectionable information, topic, name or other material (an “Authorized Web Site”). All of GPS CASH's rights and remedies are expressly reserved, and GPS CASH may revoke this limited license, in whole or in part, upon notice.
b) Conditions on Posting on Other Web Sites: Without limitation, the following terms and conditions apply to your posting of a copy of your avatar and/or screen shots on an Authorized Web Site: i)You must a display a prominent link to the Service's homepage in connection with any of your use of Collaborative Content permitted hereunder, including, without limitation, in e-mails you are sending friends; and ii) You agree to include, and not remove or alter, GPS CASH's trademark, copyright or other proprietary rights notices, as provided by GPS CASH on the Service and within e-mail page(s), when displaying an avatar or images from a GPS CASH Software, and you agree to comply with usage guidelines that may be provided by GPS CASH from time to time. You agree that all goodwill that arises in connection with your use of GPS CASH's trademarks inures exclusively to GPS CASH, and you agree not to challenge GPS CASH's ownership or control of any GPS CASH trademarks, nor use or adopt any trademarks that might be confusingly similar to such GPS CASH trademarks.
a) As a condition of your use of and access to the Service, you agree to comply with these Usage Rules, which are provided as an example rather than as a limitation, and any application or Software specific rules published within the Service.
b) You agree that your use of and conduct on the Service shall be lawful and your User Content will not:
i) include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
ii) include profanity or any obscene, indecent, pornographic, sexual or otherwise objectionable content or language;
iii) defame, libel, ridicule, mock, disparage, threaten, harass, intimidate or abuse anyone;
iv) promote violence or describe how to perform a violent act
v) violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; or
vi) be in violation of these Terms or the Software rules of conduct (collectively "Content Restrictions").
c) You and your activities on the Service will not:
i) reveal any personal information about another individual, including another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
ii) attempt to impersonate any other party;
iii) create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
iv) trick, defraud or mislead GPS CASH and other users, especially in any attempt to learn sensitive account information such as passwords;
v) make improper use of GPS CASH’s support services or submit false reports of abuse or misconduct;
vi) engage in any unauthorized commercial activities at the discretion of GPS CASH, Inc.
vii) disparage, tarnish, or otherwise harm, in GPS CASH's opinion, GPS CASH and/or the Service;
viii) violate these Terms or any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by GPS CASH on the Service;
ix) disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program;
x) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party's uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service, the User Content;
xi) copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, JavaScript or other code;
xii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service;
xiii) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");
xiv) except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or "bot"), utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
xv) cover or obscure any notice, banner or advertisement on the Service;
xvi) disguise the source of your User Content or other information you submit to the Service or use tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service;
xvii) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Collaborative Content or the User Content;
xviii) sell the Service or any part thereof including but not limited to Virtual Goods or Virtual Currency, user accounts and access to them in exchange for real currency or items of monetary value; or
xix) engage in cheating or any other activity deemed by GPS CASH to be in conflict with the spirit or intent of the Service.
d) GPS CASH does not control or endorse the content, messages or information found in User Content portions of the Service or external sites that may be linked to or from the Software or their forums and, therefore, GPS CASH specifically disclaims any responsibility with regard thereto.
a) GPS CASH respects the privacy of visitors to our Software. Information collected from you is subject to the pertinent social network’s policy. By using the Software, you may be granting your social network permission to share your e-mail address and any other personally identifiable information with GPS CASH. Please see GPS CASH’s Privacy Policy at www.GPSCASH.com for more information on the collection and use of your information. You acknowledge and agree that this Privacy Policy, including, but not limited to, the manner in which GPS CASH collects, uses and discloses your personally identifiable information, is incorporated and made part of these Terms. If User does not agree to each and every part of GPS CASH's Privacy Policy, then you should not play the Software or submit any personally identifiable information through this Software. Questions regarding privacy issues should be directed to privacy (at) GPSCASH.com.
a) This Service is offered through various social networks. The Service is only available to persons who are registered members of the social network through which they access the Software and are in compliance with the policies or terms of use/service of that social network. In creating your account with a social network through which you will access the Service (“Account”), you agree to:
i) provide true, accurate, current and complete information about yourself ( "Registration Data"); and
ii)maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
b) Users that maintain more than one account on a social network may not access this Service from multiple accounts. If you provide any information that is untrue, inaccurate, not current or incomplete, or GPS CASH has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GPS CASH has the right to suspend or terminate your ability to participate in the Service and refuse any and all current or future use of the Service (or any portion thereof). Provider reserves the right to terminate accounts that have been inactive for 180 consecutive days.
a) We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with other users, you release GPS CASH and hereby agree to indemnify GPS CASH from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
a) 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 THE LAWS APPLICABLE TO TERMS OF USE WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER GPS CASH NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "GPS CASH PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
b) TO THE FULLEST EXTENT PERMITTED BY 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 AND THAT THE GPS CASH PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE GPS CASH PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE GPS CASH PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
c)c. UNDER NO CIRCUMSTANCES WILL THE GPS CASH PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID GPS CASH IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
a) You agree to defend, indemnify and hold harmless the GPS CASH Parties from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your account(s) or the Service.
a) This Agreement and all aspects of the Service shall be governed by and construed in accordance with the internal laws of the United States and the State of Utah governing contracts entered into and to be fully performed in Utah (i.e., without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Utah County, Utah, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Utah County, Utah.
b) You acknowledge that the rights granted and obligations made hereunder to GPS CASH are of a unique and irreplaceable nature, the loss of which shall irreparably harm GPS CASH and which cannot be replaced by monetary damages alone so that GPS CASH shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
c) Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Terms ("Dispute"), you and GPS CASH agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to GPS CASH, Inc., 51 West Center, #521,Orem, UT 84057 ATTENTION: LEGAL DEPARTMENT.
d) Binding Arbitration. If you and GPS CASH are unable to resolve a Dispute through informal negotiations, either you or GPS CASH may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, GPS CASH will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and GPS CASH may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
e) Restrictions. You and GPS CASH agree that any arbitration shall be limited to the Dispute between GPS CASH and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
f) Exceptions to Informal Negotiations and Arbitration. You and GPS CASH agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or GPS CASH’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
a) The failure of GPS CASH to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of GPS CASH's right to assert or rely upon any such provision or right in that or any other instance.
b) You and GPS CASH agree that if any portion of these Terms, except any portion of section 12(e), is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. If Section 12(e) is found to be illegal or unenforceable then neither you nor GPS CASH will elect to arbitrate any Dispute falling within that portion of Section 12(e) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Utah, State of Utah, United States of America, and you and GPS CASH agree to submit to the personal jurisdiction of that court.
a) GPS CASH operates and controls the Service from its offices in the United States. GPS CASH makes no representation that the Service is appropriate or available in other locations. The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject GPS CASH to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Service may be subject to United States export controls. Thus, no software from this Service may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. These Terms are effective until terminated by either party. You may terminate these Terms by destroying all Service-related materials obtained from the Service, GPS CASH or any other web site or source. The privileges granted to you under these Terms will terminate immediately and automatically without notice from GPS CASH if, in our sole discretion, you fail to comply with any term or provision of these Terms. Neither the course of conduct between the parties nor trade practice will act to modify these Terms to any party at any time without any notice to you. You may not assign these Terms without GPS CASH's prior written consent. These Terms contain the entire understanding of you and GPS CASH, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or modified by you except as posted on the Service by GPS CASH. If any provision of these Terms is found to be illegal or unenforceable, the Terms will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon GPS CASH's request, you will furnish GPS CASH any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against GPS CASH by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
a) You and GPS CASH both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, Terms or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
a) The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in this Software in a way that may constitute copyright infringement, you may provide notice of your claim to GPS CASH's Designated Agent listed below. For your notice to be effective, it must include the following information:
i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii) A description of the copyrighted work that you claim has been infringed upon;
iii) A description of where the material that you claim is infringing is located on this Software;
iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
v) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
vii) GPS CASH's Designated Agent is:
GPS CASH,Inc.
Attn: Intellectual Property Agent
51 West Center, #521
Orem, UT 84057
Welcome to GPS CASH, a personal online service operated by GPS CASH Inc. ("GPS CASH") which consists of, among other things, software that you have downloaded or are about to download, any software that you have embedded on a web site or are about to embed (“GPS CASH Application”), any applications created by GPS CASH and available through social networking sites (“SNS Apps”), any software running on GPS CASH's servers, (“GPS CASH Software”), content, related documentation, information on the GPS CASH domain, and information made available by users to each other through the GPS CASH Software (collectively, the “Service”). Your privacy is important to us and, as described in this Privacy Policy, we have designed the Service to protect information about you from unauthorized disclosure to others. This Privacy Policy explains how we collect, use and, in certain circumstances, share your personally identifying information. Please read this Privacy Policy carefully, and if you have any questions, feel free to contact us.
By using the Service, you consent to the collection and use of your personal information as outlined in this Privacy Policy, as such policy may be amended from time to time. We may update the Privacy Policy and if we do, we will post a notice that changes have been made on the website www.GPSCASH.com. You should visit this page periodically to review any changes to the Privacy Policy.
GPS CASH gives you a number of options regarding what information you will give us:
When you register a profile with GPS CASH, your profile including any information (name, address, gender) will be registered with GPS CASH. When you identify yourself on a GPS CASH site, you may identify yourself using a GPS CASH account. When you identify yourself on a GPS CASH site, you may identify yourself through a social network account in which GPS CASH may receive additional information about your profile.
In each case, we will collect and record the information you have provided. Other than names and email addresses provided at your discretion, we don't generally collect any “Personally Identifying Information” about our users (such as social security number, telephone number, street address, drivers license number, etc.), exception being for billing and payments where we store your billing information such as name, street address, phone number. We may offer you the opportunity to submit other information about yourself (such as gender, age, occupation, hobbies, interests, zip code, etc.), or we may be able to collect that information from social networking systems on which you have used GPS CASH Video Chat or SNS Apps (in accordance with the terms of use of those systems), which would then also be covered by this Privacy Policy.
In addition to information about yourself, you may choose to share information about yourself in other content ("Content"), such as in GPS CASH Video Chat. Any action you perform with other users are considered public, and at your own discretion.
When you use an SNS App on your social network page or use an SNS App on someone else's page, we may record information regarding the use of that SNS App, and we may collect other information that is visible on your social network page in accordance with the relevant terms of use associated with that page.
Note that since most GPS CASH Software is served through SNS Apps, it is your responsibility to read and accept their Terms of Use, as well as Privacy Policy prior to continuing.
When you invite new members into your network or send messages through the Service, we collect and maintain on secure servers the information associated with those messages, including email addresses and content.
We may use information about you that we collect from other sources, including but not limited to newspapers and Internet sources such as blogs, instant messaging services, GPS CASH software and other users of GPS CASH, to supplement your profile.
GPS CASH may contain links to other websites. We are of course not responsible for the privacy practices of other web sites. We encourage our users to be aware when they leave our site to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by GPS CASH.
You should also be aware that most content delivered through GPS CASH software originates with another content provider. Such other content providers may place “cookies” on your browser, or otherwise gather information about you, including by asking you to provide information through the site itself.
Finally, in order to provide the best possible service and to allow us to make certain internal reports and make recommendations, we collect aggregate information about the use of the Service, including information about users accessing the GPS CASH site or using GPS CASH software or using SNS Apps on other sites, such as internet protocol addresses, browser type, browser language, referring / exit pages and URLs, other browser history, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time (“Activity Information”).
By using the Service, you consent to our retaining all the above-described information in anonymous form as long as GPS CASH sees fit.
GPS CASH does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for GPS CASH or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on GPS CASH. In the event that we learn that we have collected personal information from a child under age 13 we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at privacy@GPS CASH.com .
We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet.
We do not sell or rent your “Personally Identifiable Information” to any third party. We may, however, use certain information about you that is not personally identifiable.
We use public information collected to determine the kinds of content that you would like to view and to assist any advertisers in targeting their advertising.
We also use your name, email address and other information on our system to notify you of new product releases, service notifications, and to solicit your feedback and input. Those emails will contain links for preference management and where appropriate, unsubscribe links should you decide you do not want to receive further emails.
You understand and agree that we may access, preserve, and disclose any information we may have about you and the contents of your account if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to avoid liability, to comply with legal process, such as a search warrant, subpoena, statute, or court order, or to protect our rights and property, or that of our affiliates or the public. GPS CASH is not required to question or contest the validity of any search warrant, subpoena or other similar governmental request that GPS CASH receives.
GPS CASH may maintain copies of your Content indefinitely, or delete certain Content in whole or in part if GPS CASH determines, in its sole discretion, that such Content constitutes an "Infringing Posting" or a "Prohibited Posting" as defined in our Terms of Use or for any or no reason.
We also use non-Personally Identifiable Information and certain technical information about your computer and your access of the Service (including your internet protocol address) in order to operate, maintain and manage the Service.
GPS CASH may disclose information about you to its partners in order to provide the Service, resolve service problems and correct errors in the Service, to communicate with you about the Service, to provide you with advertising and promotional information in connection with the Service, and to enhance your experience on the Service. However, we do not give our partners an independent right to share this information.
Due to our contractual obligations with these third parties and the need to share information to deliver and support the Service, we cannot provide you with the opportunity to opt-out of sharing information (whether Personally Identifiable Information or other information) with these third parties.
GPS CASH, certain of its partners, and each of their contractors and employees may view the Content that you transmit to the service to provide the Service and otherwise perform the tasks set forth in this Privacy Policy.
Be advised that if you send messages or post material containing personal information, that information may be collected and used by others.
You can terminate your account at any time which will remove your profile and other personal information from view. GPS CASH, however, may (but is not obligated to) keep information about you that is on its system following your termination. Please contact GPS CASH to terminate your account or for any other questions about your personal information.
We reserve the right to transfer your personal information in the event of a transfer of ownership of GPS CASH or the acquisition of substantially all the assets of GPS CASH related to the business which collected such information, such as acquisition by or merger with another company. In such an event, GPS CASH will notify users who have provided email addresses when information about those users is transferred and becomes subject to a different privacy policy.
You may decide to provide us with another person's email address so that person may be invited to join GPS CASH or so that we may facilitate your communication with other people through the Service (such as when you upload an address book).
You may also provide us with another person's contact information for purposes of delivering information through SNS Apps. We use this information to contact and, if necessary, remind that person that he or she has been invited to join GPS CASH or received content through an SNS App. All invitees are provided with the option not to receive further invitations from GPS CASH. We may disclose such information if required to do so in order to comply with legal process, as described above.
The Service sends "cookies" to your computer when you access the GPS CASH site, or otherwise view content through a GPS CASH Software, or use an SNS App and the Service uses such cookies as described in here. The Service uses cookies to improve the quality of our service, make recommendations, and make the Service easier to use for our users. A cookie is a small text file recorded on your hard drive that identifies you as a unique user and contains certain information about your particular login session and/or your use of the Service.
GPS CASH may contain links to other web sites, and content in GPS CASH Software and SNS Apps may be hosted by other web sites. In addition, as described above, most content offered through GPS CASH Software or SNS Apps is served or hosted by other sites. These other sites maintain their own policies regarding cookies and the collection and use of personal information. It is up to you to review those policies yourself.
We use third-party advertising companies to serve ads on our site and on certain GPS CASH Software and SNS Apps. Our system and the third-party advertising technology uses information derived from Activity Information, GPS CASH's cookies on your hard drive, your visits to our site, the GPS CASH Software that you view and the SNS Apps you use to target advertising within our site or GPS CASH Software or SNS Apps. In addition, our advertisers may use other third-party advertising technology to target advertising on our site and other sites. In the course of advertisements being served to you, a unique third-party cookie or cookies may be placed on your computer. Similarly, third-party advertising companies may provide us with pixel tags (also called “clear gifs” or “beacons”) to help manage and optimize our online advertising. Beacons enable us to recognize a browser's cookie when a browser visits the site on which the beacon is located, and to learn which banner ads bring users to a given site.
GPS CASH does not provide any Personally Identifiable Information to third-party advertising companies. Note, however, that if an advertiser asks GPS CASH to show an advertisement to users with certain characteristics (for example, women ages 18-24) or a segment of that group (for example, women ages 18-24 who have viewed certain categories of content) and you respond to that advertisement, the third-party advertising company may conclude that you have the characteristics of the audience that they are trying to reach.
GPS CASH takes appropriate precautions to protect our users' information. Your account information is located on a secured server behind a firewall. When you enter sensitive information (such as credit card number or your password), we encrypt that information using secure socket layer technology (SSL). (To learn more about SSL, go to http://en.wikipedia.org/wiki/Secure_Sockets_Layer). Because email and instant messaging are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services. If you have any questions about the security of GPS CASH Web Site, please contact us at [email protected]
Again, feel free to contact us by sending an email to [email protected] , any time, if you have further questions about GPS CASH or this Privacy Policy, or if you want to receive a previous version of this document.
California Residents: Your California Privacy Rights
Under California law, California Residents who have an established business relationship with GPS CASH or one of its subsidiaries may choose to opt out of GPS CASH disclosure of personal information about them to third parties for direct marketing purposes. As detailed above, our policy is not to disclose personal information collected online to a third party for direct marketing purposes without your approval. If you choose to opt-out at any time after granting approval, email privacy@GPS CASH.com.
I state that I am 13 years or older or as legal guardian of GPS CASH Member, authorize him/her to participate in this event. I also agree to indemnify and hold harmless and save GPS CASH, or any Destination Location Partner individual, or Destination Partner company (GPSCASH) and it’s agents whole and harmless of, from and against all claims, demands, actions, damages, loss, cost, liabilities, expenses and judgments on account of injury or damage to person or property.
1. Event Dates/Eligibility. GPS CASH- (the “COMPANY”) is coordinating the “Destination Events.” (the “EVENT”). COMPANY may change the dates and/or the terms of the EVENT without prior notice. Any material changes will be posted on the COMPANY page at www.GPSCASH.com/ or at www.facebook.com/gpscash (the “Site”) or via the App. The EVENT is open to all legal U.S. residents (“EVENT Participant”), of the United States eighteen (18) years of age and older at the time of entry residing within the United States. Persons who have won a Award (cash, services, merchandise) from a COMPANY EVENT or COMPANY event in the last 90 days are still eligible to participate. A subscription to the GPS CASH Service is required to enter an event. The first 30 days of membership is free. The EVENT is void where prohibited by law. Employees or agents of the COMPANY, its parent company, subsidiaries, affiliated entities, or entity associated with the sponsorship or administration of the EVENT (collectively, the “Sponsors”), as well as members of the same household of any such employee or agent, are ineligible to participate. These restrictions also apply to immediate household members of EVENT or Award winners. The phrase “members of the same household” includes spouses, siblings, parents, children, grandparents and grandchildren, whether as in-laws or by current or past marriages, remarriages, adoption, co-habitation or other family extension, and any other persons residing at the same household, whether or not related.
2. How to Enter/Selection of Winners. EVENT PARTICIPANTS must fully complete the online registration form to enter the weekly EVENTS. Each week at 12:00 NOON on Saturday, the App will notify all GPS CASH Members of the events within their geographic location that they can attend. The GPS CASH Member then has to notify GPS CSAH via the App, that they "Are Going / Attending the event" and then the GPS CASH Member needs to physically go to the location provided in the App, and then check in at that location on the App, when they arrive at the marked destination point. A DESTINATION PARTNER representative will verify that the GPS CASH member is a registered member., and eligible for the given award at that destination.
The first three (3) EVENT PARTICIPANTS will win the first three (3) awards provided by the destination partner. These can be anything that the DESTINATION PARTNER chooses to award, be it cash, merchandise or services.
EVENT PARTICIPANTS must respond to the App, and go to the DESTINATION LOCATION within 3 hours (180 minutes) to claim the DESTINATION AWARD.
ALL EVENT PARTICIPANTS AGREE TO OBEY ALL TRAFFIC AND ROADWAY LAWS, AND TO NOT SPEED, OR OTHERWISE ENDANGER THEMSELVES OR ANYONE ELSE. ALL EVENT PARTICIPANTS AGREE TO HOLD HARMLESS GPS CASH OR ITS DESTINATION PARTNERS FOR ANY AND ALL INJURIES TO THEMSELVES AND OTHERS ON THE WAY TO AND FROM THE DESTINATION EVENT.
The odds of winning are contingent upon the number of eligible event participants attending a Destination Event during the entry period. The name of the winners will be announced via the App and on Facebook after each Destination Event.
3. Awards. EVENT AWARD. All sales, Award and other taxes, gratuities and any other incidentals associated with the Award are the sole responsibility of the Award winner.
Awards are not transferable or exchangeable and may not be substituted, except by Destination Location sponsors for reasons of unavailability. In which case, a Award of equal or greater value will be awarded by the Destination Location. The COMPANY assumes no responsibility or liability for damages loss or injury resulting from acceptance or use of the Award. The COMPANY reserves the right to substitute a Award or any component of a Award with a Award or component of comparable value should the original Award or component be unavailable, regardless of reason. The COMPANY, in its sole discretion, may award Awards to entries received by alternate means. Decisions of the COMPANY/Judges are final. Winner must produce identification satisfactory to the EVENT Sponsor prior to being awarded Awards.
4. Conditions/Restrictions. By entering the EVENT participant agrees to strictly adhere to the applicable EVENT rules and understands that the EVENT PARTICIPANT is subject to disqualification for non-compliance with the rules. In exchange for the right to participate in the EVENT, each EVENT PARTICIPANT agrees to release and indemnify the Sponsor(s), Event Destination Partners, the COMPANY, and its officers, directors, agents, parent companies, subsidiaries and employees (the "Released Parties"), from any and all claims, demands and/or causes of action of any nature or kind whatsoever, whether presently known or unknown, foreseen or unforeseen, that arise out of the participant's participation in the EVENT. Any violation of these rules will result in disqualification. Anyone using fraudulent means to participate in and/or win the EVENT will be subject to disqualification. The Sponsors are not responsible for technical, hardware, software or telephone or other transmission failures of any kind, lost or unavailable network connections or incomplete, garbled or delayed computer transmissions, regardless of cause. The COMPANY reserves the right, in its sole discretion, to cancel or suspend a promotion, game or EVENT should a virus, bug, computer or other problem beyond the control of the COMPANY corrupt the administration, security or proper execution of any Internet promotion, game or EVENT, or the Internet portion of any promotion, game or EVENT. In all EVENTs publicized on GPS CASH’s Facebook page you must be a member of Facebook to view the Facebook page.
5. Use of Name/ Voice/Likeness. Registering with the COMPANY to participate in the EVENT constitutes permission for the COMPANY to use the participants likeness. Entry into the EVENT constitutes permission for each Sponsor and its designees to use the EVENT PARTICIPANT name, likeness, portrait, voice and/or biographical material for an unlimited period of time in order to advertise, promote or publicize the Sponsor and/or the products and services of any of its designees. By entering the EVENT, EVENT PARTICIPANT: (i) hereby grants GPS CASH and its designees a worldwide, royalty-free, non-exclusive, transferable, sublicense license (the "License") to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit and prepare derivative works of Your Content. GPS CASH may monitor Your Content as it appears and may edit or delete Your Content at any time and for any or no reason without your permission; (ii) consents to allow his/her e-mail address to be added to the e-mail lists of GPS CASH and its affiliated entities, to which product information and solicitations may be sent from time to time; (iii) consents to the recording, use and reuse by GPS CASH and any of their respective licensees, successors, assignees, parents, subsidiaries, or affiliated entities, and each of their respective employees, agents, representative, officers and directors (collectively “Releasees”) of his/her voice, actions, likeness, name, appearance, and Your Content in any materials, in any and all media now known or hereafter devised, worldwide in perpetuity, in or in connection with the EVENT; (iv) agrees that the Releasees exclusively own all right, title, and interest, including without limitation all copyrights, in and to any and Your Content in perpetuity; and (v) you comply with the Terms of Use and Privacy Policy of GPSCASH.com. Award winners will be required to produce identification satisfactory to the EVENT Sponsor and sign an affidavit of eligibility and a release (including a publicity release) as prepared by the EVENT Sponsor as a condition of receiving their Award.
6. Taxes. The winner will receive and be required to complete an IRS Form W-9 and will receive an IRS Form 1099-Misc. from EVENT Sponsor and will be responsible to pay all taxes associated with the winnings.
7. Representations and Warranties. By submitting a EVENT entry, EVENT PARTICIPANT represents, warrants, acknowledges and agrees that EVENT PARTICIPANT: (i) has read and meets the eligibility requirements; (ii) has submitted viable EVENT PARTICIPANT contact information; (iii) understands that if any of the information submitted is false or incomplete, it will void the EVENT PARTICIPANT entry to the EVENT; and EVENT PARTICIPANT (iv) agrees to be bound by these Official EVENT Rules.
8. Compliance with Law. The conduct of the EVENT is governed by the applicable laws of the United States of America, which take precedence over any rule to the contrary herein.
9. Rules. Copies of these rules are free and available at the Site, http://www.gpscash.com. The COMPANY reserves the right, in its sole discretion and without any resulting responsibility or liability, to cancel, modify or suspend this EVENT or to amend these rules and regulations at any time for any reason. All changes to EVENT rules will be posted at www.GPSCASH.com.
10. Facebook or its entities have no liability or responsibility for any claim arising in connection with participation in COMPANY’S EVENTS or any Award awarded. COMPANY’S EVENTS are in no way sponsored by, endorsed or administered by, or associated with, Facebook.
Total amount found by GPS Cash members
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GPS CASH, Inc. 51 West Center, #521 Orem, UT 84057
