Acceptance Of Terms
Last updated: May 10, 2022
Thank you for choosing GemRush. By accessing or using the GemRush service, you agree to comply with and be bound by these Terms of Service and our Privacy Policy. If you do not agree with any part of these terms or the privacy policy, please do not use GemRush. These terms constitute a legally binding agreement between you and GemRush governing your use of the service.
GemRush may modify these terms at any time without prior notice or acceptance by you. It is your responsibility to review these terms periodically for any updates or changes. Your continued use of the service after any modifications indicate your acceptance of the revised terms.
Services
GemRush provides the website and mobile applications (the "App") offering rewards to Users in exchange for using any game/app suggested in the App (the "Services"), which are subject to these Terms.
Account & Eligibility
Certain Services require you to create a User account. You may only create one (1) User account, and transferring or selling your account to third parties is strictly prohibited. By using the Services, you represent and warrant that: (a) all information you provide to GemRush is truthful and accurate; (b) you will keep all such information accurate; (c) you will abide by these Terms at all times; (d) your use of the Services does not violate any applicable law or regulation; (e) you will safeguard your account information and supervise and be fully responsible for any use of your account by anyone other than yourself. We may delete your account without notice if we believe that you violate any of these Terms. To enhance our Services, some require enabling the "Display of Other Apps" option. Enabling this option allows us to understand your gaming preferences to suggest similar games. You will receive a notification if you need to enable this option.
Rules:
For App Users:
Only one account may be created in the App. Creating multiple accounts or selling/transferring an account to a third party is strictly prohibited. Using a virtual private network (VPN), proxy, or any other means to obscure the source of traffic while using the Services is not allowed. Employing electronic means such as an internet bot or web robot (Bot) to generate automated views, clicks, or conversions or engaging in any misleading practices such as repeated manual clicks to artificially inflate user activity and/or revenues is not allowed. Any activity using a VPN, proxy, or Bot will be considered fraudulent and blocked by our fraud prevention system. Using a VPN, proxy, or Bot can result in your device being permanently blacklisted, and your account being suspended or terminated.
The use of an auto-clicker program or similar software that allows a user to falsify data related to their phone's input, or allows them to appear to be using their phone when in reality they have left it idle, will result in indefinite banning.
Accessing the application through an emulator of any kind, regardless of the platform on which the emulator is being used, will result in indefinite banning.
Any account associated with software that modifies games or unlocks in-game content for free that would otherwise need to be purchased will be banned.
Any account associated with disposable email addresses that automatically forward messages to an alternate address or can automatically visit and open verification links sent to them will be banned.
All units earned on banned accounts will be nullified, and the redemption of rewards on all banned accounts will be disabled regardless of the reason for the ban.
Using a rooted device or a device for which the user has been granted root access or privileged control will result in indefinite banning. Rooted devices are not supported devices and may be blocked from using the app at any time.
Any gift card purchase request issued from an account associated with a rooted device or from any account banned for fraudulent activity will be rejected.
Any account that appears to be using the app fraudulently, including users with privileged control over their devices, suspicious third-party firmware on their device, manipulating their IP address, using software that makes them appear active when they are idle, accessing the app from an emulator of any kind, or attempting to fraudulently earn units through any means other than playing games will be banned.
Accessing the GemRush application on any device other than an Android mobile phone or tablet is prohibited and can result in an account ban or rejection of an order.
Term
This Agreement will remain in effect for the duration of your use of the Services and/or your possession of a GemRush account (the “Term”). You have the right to discontinue using the Services at any time and for any reason, either by uninstalling the App from your mobile device or by contacting us to close your account. GemRush reserves the right to terminate or suspend your account at any time, without prior notice, if GemRush determines that you have violated this Agreement at its sole discretion. Upon termination of your account, you must cease using the Services immediately. However, the termination of this Agreement by GemRush shall not release you from your obligation to pay any outstanding fees, if applicable, nor prevent GemRush from pursuing any other remedies available to it, including injunctive relief. You agree that following the termination of your account and/or use of the Services, GemRush may promptly deactivate your account, delete your data, and forfeit any accumulated rewards. You further agree that GemRush will not be held liable to you or any third party for the termination of your access to the Services or deletion of your data.
Rewards:
GemRush provides Users with loyalty points, referred to as "G," as virtual currency for testing or using mobile games listed in the GemRush apps. G are rewarded for actual game-play, rather than time spent in the app. Users may redeem their G for various Rewards offered by GemRush, such as gift cards, gift certificates, prepaid cash cards, or content codes (collectively "Rewards"). These Rewards are not redeemable for cash, nor may they be resold, exchanged, or refunded for cash, except as required by law. Rewards may only be redeemed in countries where applicable merchants and services are available. GemRush is not responsible for any Rewards that a User is unable to redeem due to their age, situation, or country of residence, nor for any lost, stolen, or malfunctioning Rewards.
Inactivity:
GemRush reserves the right to suspend or delete any account without notice that has been inactive for a consecutive period of 180 days. An account will be considered inactive if: (i) no G have been redeemed or credited; (ii) no new referral sign-ups have occurred using the account's referral link; (iii) there has been no access or attempt to access the Services. If the account contains any G or Rewards, they will be voided without notice.
License and License Restrictions:
During the Term of this Agreement, GemRush grants User a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Services, subject to the terms and conditions set forth in this Agreement. User acknowledges that all intellectual property rights, including all modifications, extensions, scripts, and other derivative works of the Services provided or developed by GemRush, are exclusively owned by GemRush or its licensors. All rights not expressly granted to User in this Agreement are reserved by GemRush.
User agrees to comply with the following License Restrictions: (i) User will not create an account or access the Services if they are under the age of 18; (ii) User will not decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, or programming or interoperability interfaces of or used by the Services, by any means whatsoever; (iii) User will not distribute viruses or other harmful or malicious computer code via or into the Services; (iv) User will not engage in any conduct that disrupts or impedes a third party’s use and enjoyment of the Services; (v) User will not remove any product identification, copyright or other notices from the Services; (vi) User will not sell, lease, lend, assign, sublicense, grant access or otherwise transfer or disclose the Services in whole or in part, to any third party; (vii) User will not use the Services for time-sharing, service bureau or hosting purposes or otherwise use, resell, sublicense, distribute, or transfer or allow others to use the Services to or for the benefit of third parties; (viii) User will not modify or incorporate into or with other software or create a derivative work of any part of the Services; (ix) User will not use the output or other information generated by the Services for any purpose other than as contemplated by this Agreement; (x) User will not use the Services for any use other than User’s internal business use; (xi) User will not use unauthorized modified versions of the Services, including without limitation, for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Services; or (xii) User will not use the Services in any way that is contrary to applicable local, state/provincial, federal and foreign laws, including without limitation those relating to privacy, electronic communications and anti-spam legislation.
GemRush retains all title to, and, except as expressly licensed herein, all rights to the Services, all copies, derivatives and improvements thereof, and all related documentation and materials.
Intellectual Property
The Services provided by GemRush contain copyrighted material, trademarks, and other proprietary information, including text, software, photos, video, graphics, music, and sound. The entire contents of the Services are copyrighted as a collective work under copyright laws. GemRush holds a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content that is original to it. Users are prohibited from modifying, publishing, transmitting, participating in the transfer or sale, creating derivative works, or in any way exploiting any of the content, either in whole or in part. No copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of GemRush and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made.
Confidential Information
GemRush and User shall each maintain the confidentiality of all information received from the other party pursuant to or in connection with this Agreement that is identified by the disclosing party as being proprietary and/or confidential, or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential ("Confidential Information"). The parties agree to use such Confidential Information only as necessary to fulfill their respective obligations under the terms of this Agreement and during its term. GemRush may collect Confidential Information from Users, including, but not limited to, their name, email address, age, gender, profile picture, social media profiles, and payment information. Either party may disclose such information in confidence to its immediate legal and financial consultants as required in the ordinary course of that party's business. The restrictions set forth above will not apply to: (i) information previously known to the receiving party without reference to the disclosing party's Confidential Information, (ii) information which is or becomes publicly known through no wrongful act of the receiving party, (iii) information that is independently developed by either party, or (iv) information required to be disclosed pursuant to applicable law.
Privacy Policy
At GemRush, we prioritize data protection and collect and handle user information in accordance with our Privacy Policy, which is available at privacy.
Third Party Services
GemRush may suggest, provide access to, or enable the use of third-party software, applications, products, services, or website links (collectively referred to as "Third Party Services") for users to consider or use. These Third Party Services are only available as a convenience, and any download, purchase, access, or use of these services is solely between the user and the Third Party Provider. Using Third Party Services offered through the Services or the App is entirely at the user's discretion and risk. Users must read and agree to the terms and conditions and/or privacy policies of such Third Party Services before using them. GemRush is not liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages whatsoever that result from any Third Party Services or the contractual relationship between the user and any Third Party Provider. These limitations apply even if GemRush has been advised of the possibility of such damages.
No Warranty
Although GemRush works to ensure that our services are free of bugs and safe to use, users agree to use our services at their own risk. We provide our services "as is" and "as available" without any representations or warranties, express, implied, or statutory, that are not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Additionally, neither GemRush nor its affiliates, employees, agents, third-party content providers, or licensors make any representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. All games featured in the Discover Weekly section of the app are recommended based on similar games that the user has installed on their device. These games are not hand-picked or vetted by GemRush, and downloading them carries the same risks as downloading any other game directly from the Google Play Store. GemRush accepts no responsibility for any unintended consequences of selecting a game from the Discover Weekly playlist.
Limitation of Liability
GemRush, its suppliers, or affiliates shall not be liable for any special, indirect, or consequential damages, or any damages whatsoever resulting from the loss of use, data, or profits, or any damages or loss arising from the services provided by third party providers. This includes damages resulting from an action of contract, negligence, or other civil liability action, arising out of or in connection with the use of any software, program or platform provided as part of the Services, except in the case of intentional or gross fault.
Indemnification
User agrees to defend, indemnify, and hold harmless GemRush, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including without limitation, attorneys' fees (collectively referred to as "Costs"), to the extent that such Costs are attributable to any breach by User of any representations, warranties, or other obligations set forth in this Agreement or arising out of the use of the Services by User.
Governing Law
These Terms of Service shall be interpreted in accordance with the laws of the province of Ontario, Canada, without giving effect to any principles of conflicts of laws. The User agrees that any dispute or controversy arising from or relating to this Agreement or resulting from the Services or Corporation’s website shall be resolved exclusively through arbitration in Ontario, Canada.
Severability, Force Majeure, Entire Agreement and Headings
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement shall remain in full force and effect. Neither party shall be held in default or otherwise liable for any delay or failure of performance under this Agreement (other than payment obligations) resulting from causes beyond its reasonable control, including but not limited to acts of God, fires, natural disasters, accidents, acts of government, shortages of materials or supplies, failures of transportation or communication, or supplier failures. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written, electronic, or oral communications, representations, agreements, or understandings between the parties with respect thereto. The headings in this Agreement are included for convenience only and shall not affect the interpretation or construction of this Agreement.
Representations And Warranties
The user hereby represents and warrants that they are fully authorized to enter into this Agreement and use the Services, and that they will remain in compliance with all applicable laws and regulations throughout the Term, including privacy laws. The user agrees to adhere to all GemRush policies and all laws, rules, and regulations pertaining to the use of the Services. Failure to comply with this section may result in loss of privileges, up to and including termination of the user's account. The user shall indemnify GemRush for any costs, fines, or damages resulting from the user's non-compliance with this section.
Contact Us
If you have any inquiries or concerns about these Terms or your use of any GemRush Sites and Features or our Services, please contact us via the "Contact Us" feature or by mail at:
DCD Media | 4 KIRKHAM DRIVE, AJAX, ONTARIO, L1S 5L1, CANADA
