GIVLING TERMS & CONDITIONS
Last Updated: June 20, 2022
PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THE GIVLING APP OR
WEBSITE (referenced COLLECTIVELY herein "GIVLING") OR ANY OF GIVLING'S
COMMUNITY FEATURES. BY USING GIVLING, YOU AGREE TO THESE TERMS AND
CONDITIONS.
NEITHER APPLE NOR GOOGLE IS A SPONSOR OR PROVIDER OF GIVLING CONTESTS,
SWEEPSTAKES OR PRIZES. ALL CONTESTS, SWEEPSTAKES AND PRIZES ARE PROVIDED BY
GIVLING.
SECTION ONE -- GENERAL INFORMATION
1.1 Terms and Conditions Binding
The Terms and Conditions and all other obligations and rules detailed in
writing in GIVLING (including but not limited to Privacy Policy, Official
Rules of Play, and all other policies and procedures, collectively, the
"Terms and Conditions" or "Givling Policies") are by and between Givling,
Inc. (may be referred to herein as Givling, or Host, or "we" or "us"), and
everyone who uses GIVLING (each, "you," "user," or "player"). By using
GIVLING, creating an account, and/or participating in any game or service
offered on or in GIVLING, you accept and agree to be bound by all terms,
conditions and notices contained or referenced in GIVLING, including the
most current version of the Terms and Conditions. If you do not agree to
these Terms and Conditions, do not use GIVLING. We may modify the Terms and
Conditions at any time. Your continued use of GIVLING following such
modifications signifies your acceptance of those modifications. You are
responsible for reviewing the Terms and Conditions periodically in order to
stay aware of such modifications.
1.2 Governing Law and Disputes
As a condition of entering any game, each GIVLING user agrees that: (A) any
and all disputes, claims, controversies or causes of action arising out of
or relating to GIVLING or any funds awarded (each, a "Claim"), shall be (1)
arbitrated on an individual basis only, and shall not be consolidated or
joined with or in any arbitration or other proceeding involving a Claim of
any other party, and (2) settled by binding arbitration in Teton County,
Wyoming before a single arbitrator appointed by the American Arbitration
Association in accordance with its then governing rules and procedures, and
judgment on the award rendered by the arbitrator may be entered by any court
having jurisdiction thereof; and (B) under no circumstance will a user be
permitted to obtain awards for, and user hereby waives all rights to claim,
punitive, incidental, consequential or any other damages, other than for
actual out-of-pocket expenses. The Terms and Conditions shall be governed by
and construed and interpreted in accordance with the laws of the State of
Wyoming, U.S.A., applicable to contracts entered into and performed
exclusively in that State.
1.3 Entire Agreement
The Givling Policies, Terms and Conditions and other referenced, linked, or
stated material referenced herein constitute the entire agreement between
you and us pertaining to your participation in and with GIVLING and
supersede all prior or other arrangements, understandings, negotiations and
discussions, whether oral or written. Any previous agreements,
representations, communications, or undertaking (whether oral, written or
electronic) between you and Givling regarding the subject matter of the
agreement are null and void. No waiver of any of the provisions of the
Givling Policies shall be deemed or shall constitute a waiver of any other
provisions (whether or not similar), nor shall any waiver constitute a
continuing waiver unless otherwise expressly provided. The Givling Policies
cannot be modified on an individual basis by any person affiliated, or
claiming affiliation, with Host. Nothing in this subsection will prevent us
from modifying the terms of these Terms and Conditions and posting such
modifications in GIVLING.
1.4 Severability
If any portion of the Terms and Conditions is deemed void, invalid or
unenforceable, then that portion shall be deemed severable from the Terms
and Conditions and shall not affect the validity and enforceability of the
remaining provisions. The remaining Terms and Conditions will otherwise
remain in full force and effect and enforceable to the fullest extent
permitted by law.
1.5 Changes to GIVLING and/or Terms and Conditions
Host reserves the right to change, modify, update, discontinue, remove,
revise, delete or otherwise change any portion of GIVLING, the Givling
Policies, or these Terms and Conditions, in whole or in part, at any time
without further notice. For changes to these Terms and Conditions that we
deem material, we may place a notice on the GIVLING website by revising the
link on the homepage to read substantially as "Updated Terms and Conditions"
for an amount of time that we determine in our discretion. If you access or
use GIVLING in any way after the Terms and Conditions have been changed, you
will be deemed to have read, understood and unconditionally consented to and
agreed to such changes. The most current version of these Terms and
Conditions will be available on GIVLING and will supersede all previous
versions of these Terms and Conditions.
1.6 Fundraising
By participating as a Funder in the GIVLING crowdfunding game you are
enjoying an entertaining game of trivia. By participating as a debtor
whose student loan may be featured in the Givling Queue you are agreeing
that neither the Funders nor Host have made any guarantees that any or all
of your debt may be paid and that you will continue to meet your
obligations under your loan.
By participating in the GIVLING crowdfunding fundraising program, you
acknowledge and agree to be bound by these Terms and Conditions, the
Official Rules of Play, the Privacy Policy, About and similar GIVLING
documents. You also acknowledge the following:
(a) You are not making a promise to pay anything more.
(b) You are not obligating yourself to pay off the debtor's
student loan.
(c) You are not funding your own loan.
(d) The featuring of a student loan in the Givling Queue is
not a promise to pay all or any portion of the loan by any date certain but
is merely presented as an opportunity to share in the proceeds raised.
(e) Host does not endorse any student loan debts or the
education financed therewith based the presence of the loan in the Queue.
SECTION TWO -- ELIGIBILITY, OBLIGATIONS & CONDUCT OF USERS
2.1 Eligibility and Location in the United States.
To be eligible to register and open an account and/or participate in any
game offered by Host, you affirm that you: (a) are a person at least 18
years of age; (b) can legally form a binding contract; (c) own the e-mail
address submitted on your account registration form; (c) are a legal
resident of the United States with a U.S. address and are currently residing
at the address of the eligible location; and (d) are physically located in a
locality in which participation with Givling is unrestricted by law.
Participation in GIVLING games by any of the following persons is strictly
forbidden: (a) anyone under the age of 18, or higher age of majority in such
individual's jurisdiction; (b) (b) anyone located in a prohibited
jurisdiction; and (c) anyone who has had access, by any means, to any of the
questions or answers prior to competing in the game (other than by way of
past participation in a previous game).
You represent and warrant that all information you supply to Host is
truthful, complete, accurate and current. Knowingly submitting incomplete or
inaccurate information, or failing to update and maintain current, complete
and accurate information, may result in immediate termination of your
account and forfeiture of any prizes or awards. From time to time, Host may
request you provide updated and/or current account information and you agree
to provide such information in a timely fashion. Host reserves the right to
seek proof of age and identity from you at any time. You agree that your
account may be suspended until satisfactory proof of age and identity is
provided.
Host may, in its sole discretion, refuse to offer its services to any person
or entity and change its eligibility criteria at any time. This provision is
void where prohibited by law and the right to access GIVLING is revoked in
those jurisdictions.
2.2 Additional Persons Not Eligible
In addition to the restrictions set forth in Section 2.1, the following
persons are ineligible to receive any prize offered through GIVLING:
employees, officers, and directors (including immediate family members
(spouse, parent, child, sibling and their respective spouses, regardless of
where they reside) and members of the same household, whether or not
related) of Givling, Inc. any and all other companies associated with
Givling, Inc.; moderators of social media or web pages that concentrate on
GIVLING as their subject matter; and any other person with access to
non-public information regarding the operation of any game(s) offered by
Host.
2.3 Location of Users
You are subject to all laws of the city, state, and country in which you
reside and from which you access GIVLING. You are solely responsible for
complying with those laws. If participation in games of the nature of those
offered by Host or online, crowdfunding games of skill which may result in
the receipt of funds is prohibited in your jurisdiction, then you may not
use GIVLING or otherwise participate in any of the games. Access to GIVLING
may not be legal for some or all residents in certain jurisdictions. You
agree that Host cannot be held liable if laws applicable to you restrict or
prohibit your use of or participation with GIVLING. Host makes no
representations or warranties, express or implied, as to the lawfulness of
your accessing or participating in GIVLING. No person affiliated, or
claiming affiliation, with Host has authority to make any such
representations or warranties. Host reserves the right (but has no
obligation to you) to monitor the location from which you access GIVLING and
to block access from any jurisdiction in which participation or access may
be illegal or restricted. We may block access to players using proxy servers
or any other method which is intentionally used in order to conceal a
player's true location. We may further block players if you are in a
jurisdiction where Cash Competitions are restricted or if we are unable to
accurately verify your location. We may require any participant receiving
any prize to provide us with proof that you are, or at the time the subject
game was played, eligible to participate according to the Terms and
Conditions. If we monitor your access or participation with GIVLING, we
shall not be liable for the effectiveness of such monitoring.
By accessing, using, downloading in any way any materials in GIVLING,
browsing GIVLING, creating an account and/or participating in any game or
service offered by or through Host, you represent and warrant that you are
doing so in compliance with the Terms and Conditions and agree to indemnify
and hold harmless Givling, Inc. from any liability, claims, and damages
(including attorneys' fees) arising out of or related to your violation of
these Terms and Conditions.
VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or
participate in any game(s) offered in GIVLING while located in a prohibited
jurisdiction, you may be in violation of the law of such jurisdiction and
will be in violation of the Terms and Conditions and subject to having your
account suspended or terminated. In addition, and without limiting any
rights or remedies available to us, in the event of any violation of the
Terms and Conditions, all awards (if any) may be voided, and in the event
such awards have already been withdrawn by you, recouped by us, at our sole
and absolute discretion.
2.4 Taxes on Trivia Awards
It is the policy of Host, and in compliance with United States Internal
Revenue Service regulations, to send an IRS Form 1099-MISC or other
appropriate form to any person who is awarded in excess of $600 (USD)
playing trivia on GIVLING in any given year. Depending on the jurisdiction
in which you reside, Host may also send you W-9 and/or additional tax forms.
We reserve the right to withhold (from your existing account balance and/or
from future net awards) any amount required to be withheld by law. But you
remain solely responsible for complying with all federal and other tax
requirements in completing such forms and for paying all federal and other
taxes in accordance with the laws that apply in your local, state, province,
and/or country of residence.
You shall be liable for and you indemnify and hold Host and any affiliate or
contractor of Host harmless for any sales or services tax later determined
to be due resulting from the under-collection of such sales or services tax.
You also agree to release Host and any affiliate or contractor of Host from
liability arising from the over-collection of sales or service tax that is
paid to any taxing authority.
2.5 Information Required
Upon signing up for an account, you will be required to submit the following
information: (i); your legal name (ii); your current phone number (iii); an
alias that will be your username; (iv) a password; and (v) your e-mail
address. Host reserves the right, in its sole discretion, to change, suspend
and/or terminate aliases as Host deems fit. In addition, if your total
trivia awards in GIVLING in any given year reach $600 or more, Host may
request that you submit your social security number in order to send you an
IRS Form 1099-MISC, or other appropriate form, as required by the Internal
Revenue Service or other jurisdiction's tax regulations. Failure to provide
your social security number at that time, or failure to complete any other
tax documentation may result in tax withholding and/or Host's inability to
pay you for any awards in excess of $600, and/or banning of your GIVLING
account.
2.6 Devices
You understand that by participating in GIVLING, you may be playing against
other players using different types of devices.
Host shall not be liable for damage that occurs or issues arising out of
such differences. HOST STRONGLY RECOMMENDS THAT YOU PARTICIPATE IN GAMES
USING A WIRED OR WIFI CONNECTION. WIRED OR WIFI CONNECTIONS TEND TO BE MORE
CONSISTENT AND RELIABLE. USE OF DEVICES IS COMPLETELY AT THE PARTICIPANT'S
RISK. COMMUNICATION USING A WIRELESS OR CELLULAR DEVICE MAY CAUSE AN
INTERRUPTION IN THE COMMUNICATION BETWEEN YOUR DEVICE AND THE SERVER, WHICH
MAY CAUSE YOUR ANSWER TO BE UNTIMELY. HOST CANNOT AND DOES NOT ACCEPT ANY
RESPONSIBILITY FOR ANY INTERRUPTION, DELAY OR INCONSISTENCY IN COMMUNICATION
BETWEEN YOUR COMPUTER OR DEVICE AND HOST SERVERS RESULTING FROM A DELAY IN
COMMUNICATION THROUGH WIRELESS, CELLULAR OR OTHER NETWORKS, AND HOST CANNOT
ACCEPT ANY APPEALS RESULTING THEREFROM. NO REFUNDS WILL BE MADE ON ACCOUNT
OF ANY SUCH INTERRUPTION, DELAY OR INCONSISTENCY. PLEASE NOTE THAT TIMES ARE
RECORDED AND MEASURED BY THE GIVLING CLOCK AND ALL MEASUREMENTS BY THE
GIVLING CLOCK ARE FINAL AND BINDING.
2.7 Acknowledgment of Proprietary Rights
By registering for an account and/or participating in any game offered by
Host, you acknowledge that all information contained in GIVLING may be
protected by one or more valid copyrights, patents, trademarks, trade
secrets, or other proprietary rights, and that all such rights are owned by
Host. Host neither warrants nor represents that your use of materials
displayed in GIVLING will not infringe rights of third parties. Host assumes
no liability or responsibility for any errors or omissions in the content of
GIVLING. Any communication or material you transmit to Host by electronic
mail or otherwise, including any data, questions, comments, suggestions,
etc. will be treated as, non-confidential and non-proprietary. Anything you
transmit or post may be used by Host or its affiliates for any purpose,
including, but not limited to, reproduction, disclosure, transmission,
publication, broadcast, GIVLING promotion, marketing and posting. Host is
free to use any ideas, concepts, know-how or techniques contained in any
communication you send to Host for any purpose whatsoever including, but not
limited to, developing, manufacturing and marketing products using such
information, without any additional compensation or other liability or
obligation to you. The trademarks, logos, and service marks (collectively
the "Trademarks") displayed in GIVLING, are registered and unregistered
Trademarks of Host's and/or others. Nothing contained in GIVLING should be
construed as granting any license or right to use any Trademark displayed on
the Site without the written permission of Host or such third party that
owns the Trademark. Your misuse of any Trademark displayed in GIVLING,
except as provided in the Terms and Conditions, is strictly prohibited.
2.8 Promotional Activities
By registering for an account, you agree that Host may display your name,
username and game records. By accepting any prize from Host, you agree to
allow Host to print, publish, broadcast and use, worldwide, in any media and
at any time, your name, picture, voice, likeness, and/or biographical
information for promotional, marketing or related purposes without
additional compensation.
2.9 Conduct of Users
As a condition of use and in addition to the other requirements herein, you
promise not to use GIVLING for any purpose that is prohibited by the Terms
and Conditions or any law. GIVLING is provided only for your own personal,
non-commercial use. You are responsible for all of your activity in
connection with GIVLING including the acts of any third party which violate
the Terms and Conditions. In addition, you shall not permit any third party
using your account to take any action, or submit content, that:
(a) infringes any patent, trademark, trade secret, copyright,
right of publicity, or other right of any other person or entity, or
violates any law or contract;
(b) you know is false, misleading, or inaccurate;
(c) is unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or
invasive of another's privacy;
(d) constitutes unsolicited or unauthorized advertising or
promotional material or any junk mail, spam, or chain letters;
(e) contains software viruses or any other computer codes,
files, or programs that are designed or intended to disrupt, damage, limit,
or interfere with the proper function of any software, hardware, or
telecommunications equipment or to damage or obtain unauthorized access to
any system, data, password, or other information of Givling or any third
party;
(f) is made in breach of any legal duty owed to a third
party, such as a contractual duty or a duty of confidence; or
(g) impersonates any person or entity, including any employee
or representative of Givling.
Additionally, you, as the user, shall not:
(a) take any action that imposes or may impose (as determined
by Host in its sole discretion) an unreasonable or disproportionately large
load on Host's or its third-party providers' infrastructure;
(b) interfere or attempt to interfere with the proper working
of GIVLING or any activities conducted on GIVLING;
(c) disable or otherwise interfere with any technological
measures used on GIVLING or in any game, which are designed to prevent or
restrict use of, or access to any content or materials, or any copying or
distribution of content or materials, or to protect the privacy of users;
(d) bypass any measures GIVLING may use to prevent or
restrict access to GIVLING (or other accounts, computer systems, or
networks connected to GIVLING);
(e) run Maillist, Listserv, or any form of auto-responder or
"spam" on GIVLING; or,
(f) run an automated system or program, including any robot
(bot), spider, crawler and the like, that sends user requests to GIVLING.
Notwithstanding the foregoing, the operators of publicly accessible search
engines may use industry standard automated programs that do not unduly
burden GIVLING or GIVLING servers solely for the purpose of indexing GIVLING
and its contents in the search engine.
You shall not directly or indirectly: (i) decipher, decompile, disassemble,
reverse engineer, or otherwise attempt to derive any source code or
underlying ideas or algorithms of any part of GIVLING except to the extent
applicable laws specifically prohibit such restriction; (ii) modify,
translate, or otherwise create derivative works of any part of GIVLING; or
(iii) copy, rent, lease, distribute, or otherwise transfer any of the rights
that you receive hereunder. You shall abide by all applicable local, state,
national, and international laws and regulations.
You agree to not abuse any other user personal information. As used here,
abuse is defined as using personal information for any purposes other than
those explicitly provided by GIVLING or is not related to fulfilling
delivery of a product or service explicitly specified by GIVLING.
SECTION THREE -- ACCOUNT MANAGEMENT
3.1 Account Set Up; User ID
In order to participate in games, you must establish a registered user
account with Host. To register with Host you will select a screen name or
handle ("User ID") and password. You shall not use as a User ID or any name
or term that: (i) is the name of another person, with the intent to
impersonate that person; (ii) is subject to any rights of another person,
without appropriate authorization; or (iii) is offensive, vulgar, or
obscene. Host reserves the right in its sole discretion to refuse
registration of or cancel a User ID or name.
3.2 Limitations on Number of Accounts
You may establish only one account per person and only one account per
device or IP or physical address, to participate in the activities offered
on GIVLING. Multiple accounts may not be created sharing the same name,
email, credit card or PayPal account. Host reserves the right to monitor all
activities on GIVLING, including any effort to establish multiple accounts.
In the event Host discovers that you have violated the number of accounts
allowed, all additional accounts will be closed without notice and continued
violation may result in the termination of any and all of your accounts and
Host may void any associated awards to any or all of the account(s). Host
further reserves the right to deny access to anyone, including, but not
limited to, those players who use proxy servers and/or IP addresses residing
in certain geographical areas.
3.3 Credit Card Transactions and Game Credits, Payments and Fees
Joining GIVLING is free but registration is required. To crowdfund or to
participate in additional games after your FreePlays, you must deposit a sum
by using Host's pay-service affiliate.
Funds crowdfunded by you will be collected by PayPal®, Braintree, or other
pay-service affiliate. Host reserves the right to cancel a crowdfund at any
time and for any reason. Because of occasional failures of funding from
Funders, Host cannot guarantee the receipt of the amount funded, minus fees.
Host is not responsible for the performance of PayPal or other pay-service
affiliate.
When you use a service that has a fee you have an opportunity to review and
accept the fees that you will be charged. In addition to any representations
made in conjunction with that authorization, you also agree to provide
correct funding information at the time of crowdfunding GIVLING credits and
to honor the promise to transact that amount. The transaction will be
collected at or about the time you initiate play. The amount you fund in
Givling credits or coins represents the entire and final amount you will be
charged. You consent to having Host and its payments partners authorize or
reserve a charge on your payment card or other payment method for any amount
up to the amount of GIVLING credits or coins crowdfunded.
You agree to have sufficiend funds or credit available to ensure that the
funds crowdfunded will be collectible. If you have insufficient funds or
your funding is declined you will not be allowed to participate in games of
funding beyond the free offerings.
Host may impose dollar amount limitations on the credit card transactions in
which you engage to fund your activities on GIVLING. Host may also impose
limitations on the net dollar amount you may be awarded on GIVLING in any
calendar year. Host reserves the right to change these dollar amount
limitations at any time in Host's sole and absolute discretion. Host
reserves the right to set expiration dates or other limits on all Queue
Points. Queue Points are defined as any credit deposited by Host into an
account, including, but not limited to, promotional credits, accounting
credits, prize credits and gift credits. Host may void the Queue Points
balance of any dormant account. A dormant account is an account that has
been inactive for greater than six (6) months.
Changes to fees are effective after Host provides you with notice by posting
the changes on GIVLING. A minimum deposit amount may be required. Fees may
vary depending on region and other factors.
HOST DOES NOT OFFER REFUNDS. FUNDERS WILL NOT BE PROVIDED A REFUND FOR
GIVLING CREDITS OR COINS CROWDFUNDED.
Host and its payments partners will collect processing, handling, and
service fees before transmitting proceeds of a Funding Period.
3.4 Fraud and Abuse
You are solely responsible for activity that occurs on your GIVLING account
and shall be responsible for maintaining the confidentiality of your
password. Fraud and abuse relating to the access and use of GIVLING is
strictly prohibited. In accessing GIVLING or participating in any
activities, products or services offered by or through GIVLING, you
represent and warrant that: (a) all information you supply is complete and
accurate and not in violation of any applicable laws, regulations or these
Terms and Conditions; and (b) you will not circumvent or attempt to
circumvent any provision of the Terms and Conditions or engage in any
activity that interferes with, attempt to interfere with, interrupts or
attempts to interrupt the operation of GIVLING.
Users engaging, participating or displaying behavior that may be
interpreted, in Host's sole and absolute discretion, as the use of unfair
methods in GIVLING, including but not limited to: (i) the opening and/or use
of multiple accounts; (ii) the use of unauthorized or altered software or
hardware to assist play (including the use of bots, bot nets, jail broken
devices or rooted devices, collusion with bots and/or use of cheat programs
such as debuggers, clock-skewing software and memory scanners); (iii)
intentionally poor play in certain games in order to achieve a broader
competitive advantage; (iv) collusion with other players; (v) the deliberate
transfer of money between accounts (i.e., "money laundering"); (vi)
harassment of other participants; (vii) posting of objectionable material;
(viii) any breach of the Terms and Conditions; (ix) any breach of the
security of your account or GIVLING; or (x) any other act (whether through
the use of automated technology or otherwise) that unfairly alters your
chance of winning or constitutes the commission of fraud (collectively,
"Abuse") may subject you to immediate consequences (as determined by Host in
its sole and absolute discretion), including without limitation: (1)
immediate termination of your account and blocking of GIVLING access; (2)
forfeiture of any prizes, awards, and any other representative of value (if
any) that you may otherwise have been entitled to receive; (3) disgorgement
and/or recoupment of any prizes, awards, and representative of value already
received by you; and (4) in the case of suspected illegal activity,
disclosure to the FBI or other relevant agencies in accordance with federal
and state laws. In the investigation of an alleged Abuse, Host may request
additional information from you. You agree to provide all reasonable and
relevant information as requested by Host. Without limiting any provision of
the Terms and Conditions, Host expressly reserves the right to institute or
seek any injunctive relief, civil and/or criminal proceedings against you
and/or any of your co-conspirators arising out of or related to your
commission of Abuse, including the right to recover fees and expenses
(including attorneys' fees) and the right to report you and such Abuse to
any and all relevant regulatory authorities or governmental agencies.
3.5 Payment of Awards
Host notifies victors of award funds via the email registered with their
account. If we do not receive a response to our notification email within
thirty (30) days of the email date, your award fund is voided. GIVLING
victors may be listed on GIVLING or other public places like the GIVLING
Facebook and Twitter page. Checks issued for award funds, not claimed within
sixty (60) days from the date of issuance will become void, and your right
to the award fund is voided. If you do not respond to the email, or if the
check is not cashed within 60 days of issuance, or your account is closed by
Host for a violation of the Terms and Conditions, your award funds will be
voided and not returned to you. In such an event, Host may use voided award
funds to defray the costs of administration and enforcement of the Terms and
Conditions or allocate such funds to secondary games or to the Queue.
Host reserves the right to withhold the funds in your account from you
pending the determination of any investigation (including any relevant
external investigation) where:
Host suspects you have acted in breach of these Terms and
Conditions or any other agreement relevant to your activities on GIVLING,
including where we suspect the account has been linked with fraudulent or
dishonest activity; and/or
Host has withheld the funds in your account by law, court
order, or regulator requirement or at the request of any relevant regulatory
or law enforcement authority.
Following the determination of any such investigation Host reserves the
right to seize some or all of the funds in your account if you have acted in
breach of these Terms and Conditions or any other agreement relevant to your
activities on GIVLING. The disposition of any funds obtained by Host in this
manner will be at Host's sole and absolute discretion and/or in accordance
with any advice, request or instruction from any governmental, regulatory or
law enforcement authority.
For the avoidance of doubt, at no point during any such period will interest
accrue to you on any funds in your account.
3.6 Account Deactivation
An inactive account is any account in which the user has not logged in or
played any games in six (6) consecutive months (or such shorter time as Host
may announce in advance from time to time by sending written notice to the
applicable player(s) using the contact information associated with the
inactive account). Host reserves the right to deactivate any inactive
account without notice. If your account is deactivated in this manner, you
may be contacted by Host to encourage you to revisit GIVLING. If you visit
GIVLING after your account is deactivated, you may be required to register
again or to reactivate your account in order to participate.
If formally requested by law enforcement, gaming regulators, or taxation or
other authorities or in the event that you fail to provide Host with
sufficient information to identify yourself in accordance with Host's own
internal procedures or those imposed on Host by a court, Host may suspend
your account and all functionality relating to the use of your account and
withhold from you any funds in your account pending the final determination
of any criminal or other legal proceedings or investigation to which such a
request may relate or until you provide the necessary information as
appropriate.
3.7 Account Cancellation
You may cancel your account by contacting Host at: support@givling.com. Your
account is not considered cancelled until you have received confirmation of
such cancellation from Host. You may not cancel your account to evade an
investigation. If you do not agree to the terms of the Givling Policies,
your sole remedy is to not use GIVLING and to cancel your account. In some
cases, cancellation of your account may be retracted by you, however, in
other cases, cancellations may be permanent and not subject to
retraction.
SECTION FOUR -- CROWDFUNDING AND GAME PLAY
GIVLING is available on different technological platforms. Host makes no
guarantees that the game functionality is exactly the same on each platform
at all times.
Host reserves the right to change, suspend, transfer, or discontinue a game
(including but not limited to the availability of any feature, database, or
content) at any time for any reason. Host may also impose limits on certain
features and services or restrict your access to parts or all of GIVLING
without notice or liability. By using GIVLING, you agree to not hold Host
liable for any operational failure of the game, crowdfunding interface, or
app.
The game cannot be interrupted or stopped by a player for any reason. If a
game is interrupted by phone calls, messaging, or other interference, the
game in play during the interruption will be forfeited.
GIVLING relies on multiple third-party advertising providers. These
platforms are not always guaranteed to provide the user with a viewable ad;
and when this happens, the user will not be able to earn Queue Points as
awards. Host assumes no liability for the performance or content of
third-party ad providers.
GIVLING is a trivia game. The player who starts a game with a FreePlay or by
using a Givling Coin, is the "Initiator."
For each FreePlay or Givling Coin used, the Initiator can play until they
accumulate three strikes. Or put another way, they can play the game until
they incorrectly answer three statements or have viewed all available trivia
statements. A strike is accumulated each time a GIVLING user answers a
question or statement incorrectly or exceeds the time permitted to return an
Answer.
Upon starting the game, the Initiator forms a "Team" as two other players,
who have already played in the 48-hours preceding the game initiation are
assigned to the Initiator's Team.
Thus, Teams are formed of two types of GIVLING users: one initiating player
(the Initiator) and two passive players.
The objective for the Initiator is to answer as many true/false statements
as possible. Each wrong answer generates a "Strike." Three strikes ends one
round of play.
The Initiator receives extra score points for surpassing the scores of the
other team members.
At the end of the initiated round of game play, the three team members are
ranked First, Second and Third.
A GIVLING user is awarded two FreePlays per day, just after midnight,
Mountain time. A FreePlay must be played on the day it is granted or it is
forfeited.
The daily FreePlay does not fund the loans or any portion thereof. Only
Givling Coins and Direct Funding add value to the funding of loans.
A GIVLING user funds the loans by crowdfunding a token called a GIVLING
Coin.
90% of all crowdfunding from coin puchases goes directly to fund the two
Givling players who are currently in the Queue and Exchange Funding Boxes,
and 10% goes to the Host to run platform and infrastucture, less banking and
process charges. Once a Funder crowdfunds GIVLING credits or Coins, no
refunds will be provided as they are a donation to fund the loans in the
Queue and are immediately credited to the payoff of the loans.
A GIVLING user only plays one Givling Coin for each active Trivia Game
Round. The possible assignment to one or sometimes two, additional Funding
Teams on a passive basis is a free benefit which may be provided with each
play of a Givling Coin or FreePlay.
During the Game Round, a GIVLING user is allowed ten (10) seconds to respond
to a Statement by selecting a True or False Answer. Other trivia formats may
be incorporated at any time. Once an Answer is rendered, the GIVLING user is
immediately provided feedback that either the Answer was correct and the
GIVLING user is awarded points to increase the score, or the GIVLING user is
notified that a Strike has been accumulated due to an incorrect or untimely
Answer. The feedback screen also presents a button by which a GIVLING user
may immediately demand the next statement. If the GIVLING user does not use
the button, the next statement will automatically appear after the
expiration of a preset time, such as ten (10) seconds.
Each Statement is randomly generated from a Statement database for each play
of the Givling Game Round, so no GIVLING user will have the same sequence of
Statements. As a GIVLING user, you receive points for each Statement that
you answer correctly. Each subsequent Statement after a correct Answer has a
higher point value. Users also gain bonus points by moving into second
and/or first place surpassing their passive teammates.
Because of an algorithm GIVLING utilizes to thwart hacking, there may be
times when there are not enough statements available for frequent players to
play. You will be notified before you expend a Coin if this is the case,
when you click on the game start.
The Game Over screen is returned after three Strikes are accumulated by a
GIVLING user. The Game Over screen reports the following: (1) the Team Score
for the Funding Team; (2) the current leaders in the current game
competition period. A GIVLING user may choose to interact with an
advertisement if available to earn Queue Points, play again, return to his
or her account, or leave the site.
GIVLING users should not take any action in reliance on having their score
labeled as "high score" in any round. Final scores could well be posted
several hours after the contest period has ended.
Each GIVLING user on a victorious Funding Teams will have their points
credited to their ledger on hour after the game has ended.
Host endeavors to make sure that all statements are correct when entered
into our database. However, mistakes do occur -- and you agree to not hold
Host liable for an incorrect statement or answer. If a GIVLING user alerts
Host of an incorrect statement/answer, via support@givling.com.
Host has the right to ban anyone from the site who cheats, is suspected of
cheating, or attempts to cheat while playing GIVLING.
The results of all competitions offered in GIVLING depend on the number and
skill levels of players participating, as well as the number and skill
levels of the anonymous player pairings. Precise odds of winning are
therefore unavailable.
An individual player's lifetime funding awards, receivable from the GIVLING
app, are currently capped at $100,000. Green or Queue funding is currently
capped at $50,000 per person.
SECTION FIVE -- LIMITATION OF LIABILITY
5.1 Generally
IN NO EVENT SHALL HOST, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS,
SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER,
INCLUDING ANY LOSS OF INCOME, PROFITS, BUSINESS OR OPPORTUNITY, OR ANY LOSS
HARM OR DAMAGE TO NAME OR GOODWILL RESULTING FROM ANY (i) ERRORS, MISTAKES,
OR INACCURACIES OF THE CONTENT OF GIVLING, INCLUDING ANY GAME, USER CONTENT,
OR ANY SITE LINKED HERETO; (ii) HARM, DAMAGE OR INJURY TO PERSON OR PROPERTY
OF ANY NATURE OR KIND WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
GIVLING, INCLUDING ANY GAME OR USER CONTENT; (iii) DAMAGE, LOSS OR HARM
RESULTING FROM ANY MALFUNCTION OR UNAUTHORIZED ACCESS TO OR USE OF HOST'S
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (iv)
DAMAGE, LOSS OR HARM RESULTING FROM ANY INTERRUPTION TO OR CESSATION OF
COMMUNICATION WITH GIVLING; (v) DAMAGE, LOSS OR HARM RESULTING FROM ANY
VIRUSES, BUGS, WORMS, TROJAN HORSES AND OTHER HARMFUL PROGRAMS TRANSMITTED
TO, THROUGH OR FROM HOST BY ANY THIRD PARTY; OR (vi) STATEMENTS OR CONTENTS
CONTAINED IN ANY USER CONTENT. THESE LIMITATIONS OF LIABILITY APPLY WHETHER
THE CLAIM AGAINST HOST IS BASED ON WARRANTY, CONTRACT, TORT, THE LAW OF
PROPERTY, OR ANY OTHER LEGAL GROUNDS OR THEORY, AND WHETHER OR NOT SUCH
DAMAGES ARE OR WERE FORESEEABLE OR FORESEEN BY HOST. THIS LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION.
IN NO EVENT SHALL HOST, OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS,
SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE TO YOU FOR DIRECT DAMAGES IN
EXCESS OF (IN AGGREGATE) ONE HUNDRED DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY
TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF GIVLING OR WITH THESE
TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE
OF GIVLING.
5.2 Unauthorized Charges
Host is not liable for any loss caused by any unauthorized use of your
credit card or other method of payment by a third party in connection with
GIVLING. If you wish to dispute a charge to your account, you must do so
within 60 days of the alleged unauthorized charge(s) otherwise such a
dispute will be deemed waived. Upon notification of a disputed charge, Host
may conduct an investigation to determine the amount, if any, considered
unauthorized Attempts to defraud Host through the use of credit cards or
other methods of payment, or your failure to honor legitimate charges or
requests for funding may result in immediate termination of your account,
forfeiture of prizes and/or civil and/or criminal prosecution.
5.3 Hacking, Tampering, or Unauthorized Access
By registering for an account and/or participating in any game offered in
GIVLING, you agree that Givling is not responsible for any damage, loss, or
injury resulting from hacking, tampering, or other unauthorized access or
use of GIVLING or your account. You are responsible for the security of your
account. If you give someone access to your account and they conduct a
transaction without your knowledge or permission, you are responsible for
any resulting use. Such transactions are considered to be unauthorized. Any
attempt to gain unauthorized access to Host's systems or any account,
interfere with procedures or performance of GIVLING, or deliberately causing
damage to or undermining GIVLING, may subject you to civil and/or criminal
prosecution and may result in immediate termination of your account and
forfeiture of any prizes. You will immediately notify Host in writing of any
account-related security breach you discover. Such notification will not
render Host responsible for any breach, whether occurring before or after
such notification.
5.4 Accounts for Individual Use Only
You are solely responsible for all obligations relating to your account and
for compliance with these Terms and Conditions. You are entitled to all
benefits accruing to you as a result of being the account holder. You may
not allow any other person to access your account, access GIVLING, accept
any funding award, or participate in GIVLING using your account. Your
account is not transferable. By registering and/or participating in any
games offered in GIVLING, you agree to indemnify, defend, and hold Host
harmless from or for any claims, liability, damages, and/or costs (including
attorneys' fees) arising from any use of your account by any person.
5.5 Givling and Account Availability
Host does not guarantee that GIVLING or access to your account will be
available at all times and/or in all geographic locations. Host is not
liable for any loss which may be caused by your inability to access GIVLING
or your account.
SECTION SIX -- CROWDFUNDING OF STUDENT LOANS AND MORTGAGES
6.1 Qualification for Student Loan Crowdfunding
The maximum amount being crowdfunded is $100,000 per individual: $50,000
crowdfunded from the Queue and $50,000 crowdfunded or funded from sponsor
revenues, from the Exchange.
6.2 Queue Point Protocol
The GIVLING game app awards Queue Points for certain actions performed by
players, including crowdfunding coins, playing trivia FreePlays, playing
free QP Spinners (the reward for watching video ads or completing surveys),
participating in offers from our sponsors, meeting group goals, and so
on.
Queue Points (QP) determine a GIVLING participant's order in the various
"Queues" to be crowdfunded. There is a leaderboard on the app showing the
top QP leaders in the various Queues.
The order of the Queues is fluid, constantly moving as users accumulate more
QP. A GIVLING user cannot be assured of receiving crowdfunding proceeds
until they have been (i) contacted by Host; (ii) until they have signed and
returned the consent forms, along with the other required documents; and
(iii) until they see their GIVLING avatar, and name appear on the app or
website being designated as the current loan being funded (also known as
being "in the funding box").
Host does not collect information concerning your loan until we are prepared
to make your loan available for crowdfunding. We will contact you via email
when your loan is chosen. You have seven days in which to respond to our
email. Not responding within that time, forfeits the present opportunity to
be crowdfunded.
Host reserves the right, at its sole and absolute discretion, to determine
which loans are crowdfunded, and in what order. Being chosen in a Queue to
receive crowdfunding does not guarantee that your loan will be fully funded,
nor that it will be funded in the order in which you were entered into that
Queue.
6.3 Taxes: Crowdfunding
Based on protocol established by other crowdfunding companies, crowdfunds
are usually considered to be personal gifts which, for the most part, aren't
taxed as income.
But, because tax rules can change, and because everyone's situation is
different, we are unable to give any tax advice. We strongly recommend you
maintain adequate records of donations received and consult a tax
professional to be sure, because there may be certain case-specific
instances where the income is, in fact, taxable (depending on amounts
received, use of the funds, etc.). Note that Givling will not report your
donations as income at the end of the year, or issue any tax documents.
Host receives advertising and sponsor funds as well as funding from users --
and if the amount of advertising received by Host is used to pay the funding
recipients, then the inclusion of those funds in any loan payments may
result in a taxable event to the members of The Queue and the recipient
members may receive a 1099-MISC or other documentation reflecting the amount
of ad revenue that funded their loan.
GIVLING trivia game awards are fully taxable and you may receive a 1099-MISC
statement from Host once they reach $600 in a calendar year.
For United States federal, state and local income tax purposes, any tax
liability or obligation arising out of or attributable to your receipt of a
funding split shall be your sole responsibility.
You shall be liable for and you indemnify and hold Host and any affiliate or
contractor of Givling harmless for any sales or services tax later
determined to be due resulting from the under-collection of such sales or
services tax. You also agree to release Host and any affiliate or contractor
of Host from liability arising from the over-collection of sales or service
tax that is paid to any taxing authority.
SECTION SEVEN -- WAIVER OF LIABILITY/PUBLICITY RELEASE
By participating in the GIVLING crowdfunding game and submitting an entry,
each user agrees to (i) be bound by Givling Policies (these include Official
Rules of Play, Terms and Conditions, About, Privacy Policy and other Site
mandates, including all entry requirements), and (ii) waive any and all
claims against Givling, Inc. and each of its respective parents, affiliated
companies, subsidiaries, officers, directors, employees, agents, licensees,
distributors, dealers, retailers, printers, representatives and advertising
and promotion agencies, and any and all other companies associated with
GIVLING, and all of their respective officers, directors, employees, agents
and representatives (collectively, "Released Parties") for any injury,
damage or loss that may occur, directly or indirectly, in whole or in part,
from the participation in the GIVLING crowdfunding game or from the receipt
or use of any fund split (or any portion thereof).
By entering any game, each user gives his/her express permission to be
contacted by Givling, Inc. by telephone, e-mail, and/or postal mail for game
purposes. Each Funder receiving a funding split, by acceptance of the fund
split, grants to Host, and its designees the right to publicize such
Funder's name, address (city and state/territory/possession of residence),
photograph, voice, statements and/or other likeness and fund split
information for advertising, promotional, trade and/or any other purpose in
any media or format now known or hereafter devised, throughout the world, in
perpetuity, without limitation and without further compensation,
consideration, permission or notification, unless prohibited by law.
Released Parties are not responsible for stolen, late, incomplete,
illegible, inaccurate, misdirected, lost, misrouted, scrambled, damaged,
delayed, undelivered, or garbled entries, transmissions, e-mail or mail; or
for lost, interrupted or unavailable network, cable, satellite, server,
Internet Service Provider (ISP), wireless network, website, or other
connections including those through and/or by any website, availability or
accessibility or miscommunications or failed computer, satellite, telephone,
cable or wireless transmissions, lines, or technical failure or jumbled,
scrambled, delayed, or misdirected transmissions or computer hardware or
software malfunctions, failures or difficulties; wireless service
congestion; failures or malfunctions of phones, phone lines or telephone
systems, wireless towers or cellular tower equipment; any error, omission,
interruption, defect or delay in wireless or other transmission, processing,
or communication; non-delivery; misdirected, blocked, or delayed e-mail
notifications; printing, typographical or other errors appearing within the
Official Rules of Play, Privacy Policy, or Terms and Conditions, in any
game-related advertisements or other materials; or any other errors,
problems or difficulties of any kind whether human, mechanical, electronic,
network, computer, telephone, wireless service, mail, typographical,
printing or otherwise relating to or in connection with GIVLING, including,
without limitation, errors or difficulties which may occur in connection
with the administration of GIVLING, the processing of entries, the
announcement of the fund recipients, or in any game-related materials, or
the cancellation or postponement of any game, event or exhibition. Released
Parties are also not responsible for any incorrect or inaccurate
information, whether caused by GIVLING users, tampering, hacking, or by any
equipment or programming associated with or utilized in GIVLING.
Released Parties are not responsible for injury or damage to participants'
or to any other person's computer and/or wireless device related to or
resulting from participating in this game or downloading materials from or
use of GIVLING. Persons who tamper with or abuse any aspect of GIVLING or
attempt to undermine the legitimate operation of GIVLING by cheating,
deception, or other unfair playing practices, or intend to annoy, abuse,
threaten or harass any other user or any representative of Host or who are
in violation of the Official Rules of Play, as solely determined by Host,
will be disqualified and all associated entries will be void. Any attempt to
deliberately damage the content or operation of any game is unlawful and
subject to legal action by Host and/or its agents. Host shall have the sole
right to disqualify any entrant for violation of the Official Rules of Play
or any applicable laws relating to the game, and to resolve all disputes in
its sole discretion. Released Parties (i) make no warranty, guarantee or
representation of any kind concerning any fund split (or any portion
thereof), and (ii) disclaim any implied warranty. Host's failure to enforce
any term of the Terms and Conditions shall not constitute a waiver of that
provision.
Host reserves the right, in its sole discretion, to cancel or suspend any
game (or any portion thereof) should virus, bugs, unauthorized human
intervention, or other causes corrupt administration, security, fairness,
integrity, or proper operation of the game (or any portion thereof). In the
event of cancellation, Host may elect to identify the Funders or Funding
Team with the highest Score up to the time of cancellation and award the
fund split.
Host reserves the right, in its sole discretion, to modify the Official
Rules of Play or discontinue any game at any time without notice. Rule
change notices will be shown on GIVLING such as by an alert icon.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR SERVERS
ASSOCIATED WITH GIVLING OR UNDERMINE THE CONTENT OR LEGITIMATE OPERATION OF
ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN
ATTEMPT BE MADE, HOST WILL DISQUALIFY ANY SUCH GIVLING USER, AND HOST AND/OR
ITS AGENTS RESERVE THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) AND
OTHER REMEDIES FROM ANY PERSON OR PERSONS RESPONSIBLE FOR THE ATTEMPT TO THE
FULLEST EXTENT PERMITTED BY LAW.
Givling users generating Answers by a script, macro or other mechanical,
automated or coordinated means will be disqualified.
A list of prior GIVLING users and Funding Teams receiving funding splits
will be maintained at Host's headquarters and can be obtained by writing to
support@givling.com.
SECTION EIGHT -- MISCELLANEOUS LEGAL PROVISIONS
8.1 Intellectual Property
8.1.1 GENERAL
The content of this App and website as well as the underlying concepts,
inventions, forms of expression, and code are the exclusive property of
Givling, Inc. ("Host"). All Rights Reserved.
8.1.2 COPYRIGHT
All content included in or made available through GIVLING, such as text,
graphics, logos, button icons, images, audio clips, digital downloads, and
data compilations is the property of Host or its content suppliers and
protected by United States and international copyright laws. The compilation
of all content included in or made available through any GIVLING services is
the exclusive property of Host and protected by U.S. and international
copyright laws.
8.1.3 TRADEMARKS
The GIVLING name, mark, stylized designs, and logo are the property of Host
and may not be used for any purpose without Host's prior written consent. In
addition, graphics, logos, page headers, button icons, scripts, and service
names included in or made available through any GIVLING services are
trademarks or trade dress of Host in the U.S. and other countries. Host's
trademarks and trade dress may not be used in connection with any product or
service that is not Host's and may not be used in any manner that is likely
to cause confusion among customers of Host. GIVLING® Reg. No. 4,847,446 is a
U.S. registered trademark and entitled to enhanced legal rights. All other
trademarks not owned by Host that appear in any of Host services are the
property of the respective owners, who may or may not be affiliated with,
connected to, or sponsored by Host.
8.1.4 PATENTS
Host owns U.S. Patent 10,204,361 B2 and has additional U.S. "patent pending"
status. Thus, one or more patents owned by Host may apply to the GIVLING
services and to the features and services accessible via GIVLING. Portions
of your use of Host's services operate under license of one or more patent
rights.
8.1.5 LICENSE AND ACCESS
Subject to your compliance with these Terms and Conditions and your payment
of any applicable fees, Host or its content providers grant you a limited,
non-exclusive, non- transferable, non-sublicensable license to access and
make personal and non-commercial use of Host's services. This license does
not include any resale or commercial use of any Host services, or its
contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of any Host services or its contents; any
downloading or copying of account information for the benefit of another
merchant; or any use of data mining, robots, or similar data gathering and
extraction tools. All rights not expressly granted to you in these Terms and
Conditions or other services terms are reserved and retained by Host or its
licensors, suppliers, publishers, rightsholders, or other content providers.
None of Host's services, or any part of any Host's services, may be
reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent of
Host. You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text,
page layout, or form) of Host without express written consent. You may not
use any meta tags or any other "hidden text" utilizing Host's name or
trademarks without the express written consent of Host. You may not misuse
Host's services. You may use Host's services only as permitted by law. The
licenses granted by Host terminate if you do not comply with these Terms and
Conditions. The permissions and licenses granted to you hereunder are
personal and may not be assigned by you to any third party without the prior
written consent of Host.
You shall abide by, retain, and maintain all copyright and other legal
notices, information, and restrictions contained in any content or materials
accessed through GIVLING.
8.2 Content Submissions; Grant of License
GIVLING may contain materials or content, including texts, graphics and
other materials which is or has been submitted by users or by third-party
advertisers (collectively "User Content"). A user shall retain ownership to
all copyright and other intellectual property rights in User Content posted
or uploaded by that user.
By uploading or posting User Content, you, the User grant Host, its
licensees, affiliates, and others acting on its behalf, a worldwide,
perpetual, non-exclusive, fully transferable, sub-licensable, irrevocable,
royalty free and payment free license to:
(a) use, edit, modify, publish, prepare derivative works of,
reproduce, host, display, stream, publicly perform or communicate and make
available to the public, broadcast, transmit, playback, transcode, copy,
feature, market, sell, distribute, commercially rent and distribute and
otherwise fully exploit your user submissions, User Content, or any part of
it, including your trademarks, service marks, slogans, logos, and similar
proprietary rights including to adapt, edit, alter, change, mix and remix,
add to or detract from and to create derivative works based on or using it,
or any part thereof, all of the above on this or any affiliated site and in
or by way of any other media or technology, whether now known or hereafter
invented, perpetually, throughout the World, but only in relation to:
(i) Host's services,
(ii) Host's (and its successors' and
assigns') businesses,
(iii) Promoting, marketing, and
redistributing part or all of GIVLING (and derivative works thereof) in any
media formats and through any media channels (including, without limitation,
third-party websites and social media);
(b) take whatever other action is required to perform and
market GIVLING;
(c) allow its users to stream, transmit, playback, download,
display, feature, distribute, collect, and otherwise use the User Content
and trademarks in connection with GIVLING; and
(d) use and publish, and permit others to use and publish,
the user submissions, trademarks, names, likenesses, and personal and
biographical materials of you and the members of your group or friends, in
connection with the provision or marketing of GIVLING.
In addition, you grant Host a perpetual license to use your name, likeness,
profile, and voice in connection with the above.
You declare and affirm that any User Content uploaded or posted by you is
your original material and is not copied from any other source and complies
with all other provisions of these Terms and Conditions.
The foregoing license grants to Host does not affect your other ownership or
license rights in your User Content, including the right to grant additional
licenses to your user submissions.
Users may not post or upload materials or content of any type that: (i)
infringe the patent, copyright, trademark, trade-dress, design rights, trade
secrets or any other intellectual property rights of any third party; (ii)
contain any statements or messages, whether textual, visual, oral,
audio-visual or otherwise that are defamatory or infringe the right of
privacy or the right of publicity of any third party; (iii) incite, promote
or encourage discrimination on the grounds of race, religion, age, gender,
sexual preference or on any other grounds; (iv) are inflammatory or incite,
promote or encourage acts of violence, illegal acts, use of prohibited
substances or dangerous acts; or (v) contain explicit or distasteful
depictions of violence, pain, suffering or illness; (vi) contain nudity or
pornographic, obscene or profane materials; (vii) are otherwise
inappropriate to the general public; (viii) are menacing, threatening or
intimidating; (ix) are otherwise illegal or could serve as grounds for any
civil or criminal liability against you or Host; (x) advertise or promote,
either expressly or impliedly any product, service, business, political
party or other organization or cause; (xi) depict or refer to any minor
without the prior written consent of his or her parents or legal guardian or
could in any way be harmful to a minor or his/her wellbeing; or (xii)
contain any address or contact information of any person other than the user
himself, unless the user has obtained the prior written consent of such
person.
Host is not responsible in any manner for the User Content, including
third-party publicity and advertising materials. We allow the posting and
uploading of User Content as a service to users for their own and other
users' enjoyment, independent review, assessment, evaluation and use under
these Terms and Conditions. Host does not endorse or approve any User
Content or any materials, contents messages or statements contained therein.
All User Content and the information contained therein are the
representations, ideas and views of the submitting users only.
User Content may be submitted only under these Terms and Conditions. You,
the User, will be solely responsible for the User Content posted or uploaded
by User and all materials contained therein, and for any legal or other
results or consequences of such User Content. Although Host welcomes your
submissions, Host reserves the right to refrain from publishing or posting
them on GIVLING.
When you post or upload materials or content, that content will or may
become available to other users and may be viewed by them.
You should post or upload User Content only if you: (1) own all copyrights
and other rights in it -- including in all materials contained therein, (2)
have received appropriate licenses for the incorporation and use for all
purposes included in or contemplated by these Terms and Conditions as well
as written permission to depict and to use the name, picture, likeness and
voice of any and all living or deceased persons appearing in the User
Content, or (3) have verified the User Content is completely in the public
domain.
Host reserves the right to remove or disable access to any materials that do
not comply with the Terms and Conditions or which are otherwise considered
by Host to be in bad taste or contradictory to the policies and purposes of
GIVLING or are the subject of a complaint by a third party, without any need
for notice to the posting user. In case of gross or repeat infringements,
Host reserves the right to terminate the Account of the user with no prior
notice.
8.3 Use of Personal Identifying Information
By registering a user account with GIVLING or using GIVLING, or by
submitting your contact details in any other manner, you grant Host your
explicit consent to use that information, including all contact information
to send you information and offers, including commercial or advertising
email from Host and/or Host's business partners or affiliates, using all
means of communications provided by you, unless you have clearly indicated
that you are not interested in receiving such communication.
At any time, you may request Host to remove your details from Host's mailing
list that serves for these communications by sending a request to
support@givling.com or by way of the link that will be provided in each
mailing to you.
8.4 Linking
Host permits third parties to link to GIVLING, provided the link is made and
used in an acceptable and non-misleading manner and that GIVLING is not
framed by the linking website. Host reserves the right to revoke permission
to any site to link to GIVLING in Host's absolute discretion. Host will
discontinue any links to any site which are found to promulgate, promote or
encourage illegal activity, acts of hate or violence, or discrimination on
the basis of race, religion, gender, sexual preference or age, or that
contain content that is obscene or unsuitable to the general public.
GIVLING may provide links to certain sites on the Web that are not owned or
operated by Host. These links are provided as a service to you, because Host
thinks those sites may be of interest to you. Host does not endorse such
sites or warrant or approve of any content contained therein. Host will not
be in any way responsible for third party sites or content. When you access
third-party websites, you do so at your own risk. Those other websites are
not under Host's control, and you acknowledge that Host is not liable for
the content, functions, accuracy, legality, appropriateness, or any other
aspect of those other websites or resources.
The inclusion on another website or any link to GIVLING does not imply
endorsement by or affiliation with Host. You further acknowledge and agree
that Host shall not be liable for any damage related to the use of any
content, goods, or services available through any third-party website or
resource.
8.5 Complaints and Notifications
8.5.1 Complaints against Third Parties
Host is under no obligation to become involved in disputes between any
Users, or between Users and any third party arising in connection with the
use of GIVLING. This includes, but is not limited to, delivery of goods and
services, and any other terms, conditions, warranties, or representations
associated with play or particular Funding Rounds on GIVLING.
8.5.2 Complaints Related to Intellectual Property
Host respects the copyrights and other rights of all persons and
organizations and expects you to do so also. If you are the owner of a
copyright or the authorized agent of any copyright holder and you believe
that any content on GIVLING, including any User Content, infringes upon your
copyright, or if you believe that any content on GIVLING infringes any other
intellectual property right, other than copyright or any other right of
yours, or in any other manner harms you, or if you have any other complaint
regarding GIVLING, please notify Host so that your complaint can be
reviewed. You may submit a written notification to support@givling.com.
All complaints should be sent in writing to support@givling.com and should
give the following details:
(a)Your full name and contact details, including physical
address and email, and, when available a fax number and telephone number.
(b) Full details of the complaint, detailing:
(i) the rights claimed to have been infringed
or the harm claimed to have been caused to you;
(ii) a statement that you own the rights
claimed to have been infringed, or are the authorized agent of the owner;
(iii) a detailed statement identifying as
fully as possible the allegedly infringing material and its location on
GIVLING, including by detailing its URL.
(c) Information reasonably sufficient to permit Host to
contact the complaining party, such as an address, telephone number, and, if
available, an electronic mail address at which the complaining party may be
contacted.
Host will review all complaints promptly but reserves the right to decide
whether to act on such complaints.
8.5.3 DMCA Notifications
In the United States, the Digital Millennium Copyright Act of 1998 (the
"DMCA") provides recourse for copyright owners who believe that material
appearing on the Internet infringes their rights under U.S. copyright law.
Host will remove infringing materials in accordance with the DMCA if
properly notified that Content infringes copyright. If you have a good faith
belief that your work has been copied in a way that constitutes copyright
infringement, please notify Host's Copyright Agent by submitting a written
notice including all of the information detailed below. You can also submit
a notification by emailing Host at support@givling.com. Your email must
contain all information under U.S. Copyright Act, 17 U.S.C. §512(c)(3), or
see http://www.copyright.gov/legislation/dmca.pdf for more information. You
should seek your own, independent legal counsel, but your notice may require
at least the following:
(a) an electronic or physical signature of the person
authorized to act on behalf of owner of the copyright interest;
(b) a description of the copyrighted work that you claim has
been infringed;
(c) a description of where the material that you claim is
infringing is located on the Site, sufficient for Host to locate the
material;
(d) your address, telephone number, and email address;
(e) 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
(f) a statement by you that the information in your notice is
accurate and, under penalty of perjury, that you are the copyright owner or
authorized to act on the copyright owner's behalf.
If you believe that your work has been removed or disabled by mistake or
misidentification, please notify Host's Copyright Agent in writing by
emailing support@givling.com. You should seek your own, independent legal
counsel, but your counter-notice may require at least the following:
(a) a physical or electronic signature of the user of the
services;
(b) identification of the material that has been removed or
to which access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled;
(c) a statement made under penalty of perjury that the
subscriber has a good faith belief that the material was removed or disabled
as a result of mistake or misidentification of the material; and
(d) the subscriber's name, address, telephone number, and a
statement that the subscriber consents to the jurisdiction of the Federal
District Court for the judicial district in which the address is located, or
if the subscriber's address is outside of the United States, for any
judicial district in which the service provider may be found, and that the
user will accept service of process from the person who provided
notification under subscriber (c)(1)(C) or an agent of such person.
See the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information.
Under the Copyright Act, any person who knowingly materially misrepresents
that material is infringing or was removed or disabled by mistake or
misidentification may be subject to liability.
If you fail to comply with these notice requirements, your notification or
counter-notification may not be valid.
Host's designated Copyright Agent for notice of alleged copyright
infringement can be reached at:
Givling, Inc.
Attn: Copyright Agent
P.O. Box 12200
Jackson WY 83002
Email: support@givling.com
Attn: Copyright Agent
8.6 Termination
Host may terminate your access to GIVLING, without cause or notice, which
may result in the forfeiture and destruction of all information associated
with your Account. If you wish to terminate your Account, you may do so by
following the instructions on GIVLING and herein. Any money, or fees, funded
in GIVLING are non-refundable. All provisions of the Terms and Conditions of
use that by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity, and limitations of liability.
8.7 Disclaimer of Warranty
Host has no special relationship with or fiduciary duty to you. You
acknowledge that Host has no duty to take any action regarding any of the
following: which users gain access to GIVLING; what content users access
through GIVLING; what effects the content may have on users; how users may
interpret or use the content; or what actions users may take as a result of
having been exposed to the content. Host cannot guarantee the authenticity
of any data or information that users provide. You release Host from all
liability for your having acquired or not acquired content through GIVLING.
GIVLING may contain, or direct you to websites containing, information that
some people may find offensive or inappropriate. Host makes no
representations concerning any content on GIVLING, and Host is not liable
for the accuracy, copyright compliance, legality, or decency of material
offered in relation to GIVLING.
HOST DOES NOT AND CANNOT GUARANTEE THAT GIVLING WILL BE AVAILABLE TO USERS
AT ALL TIMES. IN PARTICULAR, GIVLING MAY BE SHUT DOWN FOR MAINTENANCE AND
REPAIR AND MAY BE TEMPORARILY DISABLED DUE TO TECHNICAL PROBLEMS, INCLUDING
NETWORKING PROBLEMS. Host has no obligation to monitor the services or
content. Host reserves the right to, at any time, for any reason, and
without notice: (i) cancel, reject, interrupt, remove, or suspend a Funding
Round, or question; (ii) remove, edit, or modify any content, including, but
not limited to, any user submission; and (iii) remove or block any user or
user submission. Host reserves the right not to comment on the reasons for
any of these actions.
GIVLING is provided "as is" and "as available" and is without warranty of
any kind, express or implied, including, but not limited to, the implied
warranties of title, non- infringement, merchantability, and fitness for a
particular purpose, and any warranties implied by any course of performance
or usage of trade, all of which are expressly disclaimed. USE OF GIVLING IS
AT THE SOLE RISK OF USER. TO THE FULLEST EXTENT PERMITTED BY LAW, HOST, ITS
OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH GIVLING AND USE THEREOF BY ANY USER.
NO PROMISE OF WINNING ANYTHING OF VALUE IS MADE TO USERS. USERS SHOULD NOT
RELY ON WINNING A GAME OR RECEIVING FUNDS FOR INCOME.
Host, and its directors, employees, agents, suppliers, partners, and content
providers do not warrant that: (a) GIVLING will be secure or available at
any particular time or location; (b) any defects or errors will be
corrected; (c) any content or software available at or through GIVLING is
free of viruses or other harmful components; or (d) the results of using
GIVLING will meet your requirements. Some states or countries do not allow
limitations on how long an implied warranty lasts, so the above limitations
may not apply to you.
HOST ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (i) ERRORS, MISTAKES OR
INACCURACIES OF THE CONTENT OF GIVLING, INCLUDING USER CONTENT, OR OF ANY
SITE LINKED HERETO; (ii) HARM, INJURY OR DAMAGE TO PERSONA OR PROPERTY OF
ANY KIND OR NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR
ACCESS TO AND USE OF GIVLING, INCLUDING USER CONTENT; (iii) DAMAGE, LOSS OR
HARM RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF HOST'S SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (iv) DAMAGE,
LOSS OR HARM RESULTING FROM ANY INTERRUPTION TO OR CESSATION OF
COMMUNICATION WITH GIVLING, INCLUDING ANY INTERRUPTION OR DELAY IN
COMMUNICATION THROUGH WIRELESS, CELLULAR OR OTHER NETWORKS; (v) DAMAGE, LOSS
OR HARM RESULTING FROM ANY VIRUSES, BUGS, TROJAN HORSES, WORMS AND OTHER
HARMFUL PROGRAMS TRANSMITTED TO, THROUGH OR FROM GIVLING BY ANY THIRD PARTY;
OR (vi) OTHER LOSSES, DAMAGES OR HARM RESULTING FROM USE OF GIVLING,
INCLUDING ANY LOSS OF INCOME, PROFITS, BUSINESS OR PROSPECTIVE OPPORTUNITY,
LOSS HARM OR DAMAGE TO NAME OR GOODWILL.
HOST MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR
INFORMATION TRANSMITTED ON GIVLING OR ANY WEBSITE LINKED TO GIVLING. Host
will not be liable for the privacy of email addresses, registration and
identification information, disk space, communications, confidential or
trade secret information, or any other content stored on Host's equipment,
transmitted over networks accessed by GIVLING, or otherwise connected with
your use of GIVLING.
8.8 Indemnification
You shall defend, indemnify, and hold harmless Host, its affiliates, and
each of its affiliates' employees, contractors, directors, suppliers, and
representatives from all damages, losses, costs and expenses of whatever
kind, including attorneys' fees and any sums paid under any settlement
incurred or suffered as a result of any claim, demand, action, or suit by
any third party, whenever and wherever filed, arising out of or relating to
(i) your use or misuse of, or access to, GIVLING and content, or otherwise
from your user submissions; (ii) your violation or infringement of these
Terms and Conditions; or (iii) any other act or omission of yours, including
any infringement of any intellectual property right or any other right of
any third party.
Host reserves the right to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you will
assist and cooperate with Host in asserting any available defenses.
8.9 International
GIVLING is designed to conform with the laws of the United States of
America. Accessing GIVLING is prohibited from states, countries, or
territories where the services or content is illegal. If you access GIVLING
from other locations, you do so at your own initiative and are responsible
for compliance with local laws. If you are viewing or using GIVLING from
another state or country, please be aware that you will be transferring
information outside of your state or country. Your continued access and use
of GIVLING will indicate your consent to this transfer of information which
may be unauthorized or unlawful.
8.10 Transfer of GIVLING and Assignment
Host may transfer or copy GIVLING, in whole or in part, to any other domain
and/or change the name of GIVLING. These Terms and Conditions shall continue
to apply whether GIVLING is operated on this or another domain, and whether
operated under the current name or any other name. Host may assign,
transfer, license or sub-license its rights and any license received from
you.
8.11 Jurisdiction Waiver, Venue and Jury Waiver
You agree that GIVLING and related services are deemed a passive website or
application that does not give rise to personal jurisdiction over Host or
its parents, subsidiaries, affiliates, successors, assigns, employees,
agents, directors, officers or shareholders, either specific or general, in
any jurisdiction other than the State of Wyoming. You agree that any action
not permitted under the above arbitration clause, whether at law or in
equity, arising out of or relating to these terms, or your use or non-use of
GIVLING, shall be filed only in the state or federal courts located in Teton
County in the State of Wyoming and you hereby consent and submit to the
personal jurisdiction of such courts for the purposes of litigating any such
action. You hereby irrevocably waive any right you may have to trial by jury
in any dispute, action, or proceeding.
8.12 Force Majeure
Host shall not be liable for any failure to perform its obligations
hereunder where the failure results from any cause beyond Host's reasonable
control, including, without limitation, mechanical, electronic, or
communications failure or degradation. Additionally, if any portion of
GIVLING becomes impossible due to a change in the law, technological
barriers, an act of God, war or terrorist act, you agree to release Host,
its agents, its Funders, or any of its participating sponsors from any
claims. You further release Host, its agents, and all participating sponsors
from any liability as a result of your participation herein. If it is
determined that any portion of the program may be a violation of any rule or
regulation or is otherwise deemed unlawful, you hereby agree that the entire
program may be cancelled and you will have no recourse against Host, its
agents, its Funders, or any of its participating sponsors.
8.13 Other Miscellaneous
No agency, partnership, joint venture, or employment relationship is created
as a result of the Terms and Conditions and neither party has any authority
of any kind to bind the other in any respect.
In any action or proceeding to enforce rights under the Terms and
Conditions, the prevailing party will be entitled to recover costs and
attorneys' fees.
All notices under the Terms and Conditions will be in writing and will be
deemed to have been duly given when transmitted via email or when posted on
GIVLING. By using GIVLING, you consent to receive from Host all
communications including notices, agreements, legally required disclosures,
or other information in connection with GIVLING electronically. Host may
provide the electronic contract notices by posting them on GIVLING. If you
desire to withdraw your consent to receive contract notices electronically,
you must discontinue your use of GIVLING.
The headings to these Terms and Conditions are intended for convenience only
and shall not be used for interpretation.
8.14 Feedback
Host welcomes your feedback, comments and suggestions for improvements to
GIVLING ("Feedback"). You can submit Feedback by emailing us at
support@givling.com. You grant to Host a non-exclusive, worldwide,
perpetual, irrevocable, fully-paid, royalty-free, sublicensable and
transferable license under any and all intellectual property rights that you
own or control to use, copy, modify, create derivative works based upon and
otherwise exploit the Feedback for any purpose.
THESE TERMS OF USE WILL BECOME BINDING UPON YOUR USE OF GIVLING.
GIVLING trademarks and copyrights are proprietary to the Givling, Inc. ALL
RIGHTS RESERVED.