Terms & Conditions

Earn Gem

1. INTRODUCTION.

Earn Gem app provides you access to its online service (the “Earn Gem” app) and the related Earn Gem app software on your mobile device. The Service is a social networking based suite of integrated mobile and web applications that allow partner Research Companies and Advertisers to provide Users with surveys or campaigns (“Opportunities”) to earn credits that are redeemable for cash if they perform specified tasks or comply with certain requirements set forth in such opportunities. Your use of the Service is subject to your acceptance of and compliance with these terms of service (the “Terms of Service” or the “Agreement”). If you do not agree to these Terms of Service, please do not use the Service. These Terms of Service shall apply to all transactions conducted through the Service. The term of the Agreement will commence on the date you enroll as a User and will end when terminated by either party in accordance with the terms of the Agreement (the “Term”).

1a. CONTENTS

All Contents opportunities and “rewards” given by Earn Gem app are from 3rd party companies and not affiliated with Apple Inc. Contests are solely sponsored by the Earn Gem app 3rd party partners. All Prizes & or rewards are NOT Apple products; and or do they have any association with Apple.

A. OPORTUNITIES

Participating Research Companies or Advertisers create and list Surveys or Campaigns on the Service, which allow Users the chance to receive Rewards from the Advertiser in exchange for performing specified tasks or complying with the requirements (such tasks and/or requirements constituting the “Requirements”) set forth in the Offer. Each Opportunity listing contains a description of the Requirements and the corresponding Reward to be provided by the Advertiser. Earn Gem app provides the Service to facilitate the relationship between Advertisers and Users. Advertisers are solely responsible for the content of their Offers listings and for the payment of any identified Rewards to Users.

B. REWARDS.

Research Companies or Advertisers in their sole discretion shall determine whether a particular User has fulfilled the Requirements and is entitled to receive the associated Rewards. If you do not comply with the Requirements you will not be entitled to the Reward associated with such Opportunity. You agree that all Rewards will be forfeited if your account is terminated for any reason, or if Earn Gem app discontinues providing the Service. Rewards are not gift certificates and in no way will be paid with any products Earn Gem app does not recognize transfers of Rewards or related points or the purported sale, gift or trade in the “real world” of anything related to the Rewards or the Service. Accordingly, you may not buy or sell Rewards or otherwise exchange items for value. Any attempt to do so is in violation of these Terms of Use and will result in the termination of your account.

C. PROHIBITED ACTIVITIES.

You may not use the Service for any other purpose than that for which Earn Gem app makes it available. Earn Gem app reserves the right in its sole discretion to investigate, terminate your membership and take appropriate legal action if you violate this provision or otherwise misuse the Service, or behave in a way which Earn Gem app regards as inappropriate or which is unlawful or illegal. The following is a list of the type of actions that you may not engage in with respect to the Service:
You will not use the Service for any illegal purpose, including engaging in any criminal or tortious activity, including without limitation child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming or theft of trade secrets.
You will not express or imply that any statements you make are endorsed by Earn Gem app without our specific prior written consent.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information unless under fair use or without obtaining the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
You will not interfere with or disrupt the Service or the servers or networks connected to the Service.
You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
You will not “frame” or “mirror” any part of the Service, or otherwise take elements of the Service and reformat or display them.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause others to do so.
You will not collect or gather other people’s personal information (including account information) from the Service.

2. USER SPECIFIC TERMS.

A. USER REGISTRATION.

As a condition to using the Service, and in order to receive monetary payments in connection with Rewards, you will be required to register and you will be required to provide valid bitcoin information. You shall provide Earn Gem app with accurate, complete, and updated registration information. Failure to do so will constitute a breach of these Terms of Use, which may result in termination of account. You shall not (i) select or use a screen name of another person with the intent to impersonate that person, (ii) use a screen name subject to any rights of a person other than you without the proper authorization, or (iii) use as a screen name a name that is otherwise offensive, vulgar or obscene. Earn Gem app reserves the right to refuse registration of, or cancel a Users account in its sole discretion. You are solely responsible for the activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall immediately notify Earn Gem app of any unauthorized use of your account, or other account related security breach of which you are aware.

B. FULFILLMENT OF COMPENSATION.

User acknowledges and agrees that the obligation to provide Rewards earned by Users in connection with Offers resides with the Advertiser, not Earn Gem app. Earn Gem app merely facilitates such Rewards on behalf of the Advertisers. User waives any and all claims or rights of action against Earn Gem app relating to the failure of an Advertiser to pay User a Reward. In addition, User acknowledges that User is: (i) not an employee of Earn Gem app, (ii) responsible for the payment of all taxes on compensation received from an Advertiser, (iii) responsible for any reporting requirements imposed by the federal, state or local government, and (iv) responsible for compliance with all other applicable laws and regulations.

C. GRANT OF USAGE LICENSE.

By participating in the Service and accepting Rewards, User grants Earn Gem app and the specific Advertiser providing the Reward a worldwide, royalty-free, non-exclusive, sub-licensable, unconditional, perpetual and transferable license to use, display, perform, reproduce, republish, and distribute any content or any portion thereof (“Content”) provided by a User in connection with the Service or an Opportunity in all forms of media and through any media channels (now known or hereafter developed), including but not limited to television, radio, print, Internet site and other electronic communications. You acknowledge and agree that the Content you submit, post or display may be viewed by other Users of the Service and through third party services. You should only provide Content that you are comfortable sharing under these terms.

3. ELIGIBILITY.

You must be eighteen (18) years or older to use the Service. By using the Service, you are representing and warranting that all information you submit is truthful and accurate, and that you agree to maintain the accuracy of such information. You understand and agree that in accordance with the terms of the Earn Gem app Privacy Policy (“Privacy Policy”), which is integrated into and included as part of these Terms of Service. Earn Gem app accounts are not transferable, assignable or resalable under any circumstances.

4. PROTECTION OF MINORS.

Children under the age of thirteen (13) are not be the target audience of Earn Gem app Offers and Earn Gem app strives to protect their privacy. For this reason, Advertisers are prohibited from posting any Offer that targets children and underage people are prohibited to use the service.

5. CONFIDENTIALITY.

“Confidential Information” means any information disclosed to an Advertiser or User by Earn Gem app, either directly or indirectly, in writing, orally or by inspection of tangible objects, other than information that you can establish: (i) was publicly known and made generally available in the public domain prior to the time of disclosure to you by Earn Gem app; (ii) becomes publicly known and made generally available after disclosure to you by Earn Gem app other than through your action or inaction; or (iii) is in your possession, without confidentiality restrictions, prior to the time of disclosure by Earn Gem app as shown by your files and records. Advertiser and/or User shall not at any time (a) disclose, sell, license, transfer or otherwise make available to any person or entity any Confidential Information (except to your employees and agents who have a legitimate need to know such information and are bound in writing by confidentiality and non-use restrictions not less protective than those contained herein), or (b) use, reproduce or copy any Confidential Information, except as necessary in connection with the purpose for which such Confidential Information is disclosed to you and in accordance with the Agreement. Advertiser and/or User agrees to take all measures to protect the secrecy, and avoid disclosure and unauthorized use, of the Confidential Information. Advertiser and/or User may disclose Confidential Information if required by law to disclose the Confidential Information, provided that such Advertiser of User gives Earn Gem app prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure, and provided further that any such disclosure is limited to the minimum extent necessary to comply with the legal requirement. All Confidential Information shall remain Earn Gem app personal property and all documents, electronic media and other tangible items containing or relating to any Confidential Information shall be delivered to Earn Gem app immediately upon Earn Gem app request, and also, upon termination of the Agreement. Nothing contained in the Agreement will prevent Earn Gem app, its parent and/or affiliates from complying with privacy laws and regulations, and if there is any conflict between the Agreement and the terms of the applicable Earn Gem app Privacy Policy (as posted on or linked from the Earn Gem app Website), the Agreement shall control. Advertiser and User may not issue any press release or other public statement regarding the Agreement, Earn Gem app, its parent and/or its affiliates without Earn Gem app prior written consent.

6. UNAUTHORIZED USE.

There are just a few rules you need to follow in order to avoid any problems and suspensions:

Don’t create multiple and/or fake accounts.
Don’t use VPNs or proxys to fake your IP address or location.
Don’t try to change your device ID.
Do not spam with your referral code.
Earn Gem app team will suspend accounts that don't comply with this simple rules.
Outside of an app provided by Earn Gem app, any attempt to utilize automated programs, bots, screen scraping, database calls, human initiated data collection or any other means of gathering data, content or other information for the purpose of reverse engineering our platform for commercial or personal gain is strictly prohibited.

7. PROVISION OF THE SERVICE.

Earn Gem app is constantly innovating and changing its Service offering in order to provide the best possible experience for its Users. You acknowledge and agree that the form and nature of the Service which Earn Gem app provides may change from time to time without prior notice to you. You acknowledge and agree that Earn Gem app may stop (permanently or temporarily) providing the Service (or any features or functionality within the Service) to you or to Users generally at Earn Gem app sole discretion, without prior notice to you. You and/or Earn Gem app may terminate the Agreement and/or your participation in the Service at any time, for any reason or for no reason, and Earn Gem app shall not have any liability regarding such decisions. Sections 2 through 17 of these Terms of Service shall survive any termination of the Agreement.

8. REPRESENTATIONS AND WARRANTIES.

Each User and Advertiser participating in the Service represents, warrants and covenants that (i) it has sufficient authority to enter into the Agreement; (ii) its use of Earn Gem app services is solely for lawful commercial and business purposes; (iii) it has the necessary rights to provide all information provided under the Agreement (including all content, data, Offers, titles, URLs and descriptions) for use as described in the Agreement, and that all such information and all claims, statements, products and services contained or referenced herein and in the Website or submitted by an Advertiser or User: (a) do not violate any law, statute, ordinance, treaty or regulation or Earn Gem app policy or guideline; (b) do not infringe any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (c) do not breach any duty toward or rights of any person or entity including rights of publicity or privacy, and have not otherwise resulted in or are not likely to result in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (d) are not false, deceptive or misleading; (e) are not defamatory, libelous, slanderous or threatening; (f) will be free of viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or other computer programming routines that may potentially damage, interfere with, intercept, or expropriate any system data or personal information; and (g) comply with the applicable Master Agreement (if applicable); (iv) it will not engage or cause others to engage in any form of spamming or improper or malicious, as determined by Earn Gem app, clicking, impression or marketing activities through the Service, and it will comply with all applicable laws including complying with all applicable laws such as the CAN-SPAM Act of 2003; and (v) it will not use the Service to “stalk” or otherwise harass another person or harm any persons or entities in any way.

9. TRADEMARKS.

Earn Gem app and other Earn Gem app graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Earn Gem app in the UK and/or other countries. Earn Gem app trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available on our media page may be used by partner and third party sites in connection with journalistic promotion of our services, commercial applications are forbidden except where pre-approved in writing.

10. INDEMNIFICATION.

Each User and Advertiser participating in the Service agrees to indemnify and hold harmless Earn Gem app, its parent and affiliates and their officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys, employees, third party service providers and third parties authorized by Earn Gem app to make your listings, results, and/or Service available in connection with third party Websites, blogs, postings, content, applications and/or e-mails (“Third Party Products”), and their respective officers, directors, agents, affiliates, and employees (each, a “Earn Gem app Entity” and collectively, the “Earn Gem app Entities”) from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees (collectively, “Claim(s)”), that actually or allegedly result from such User or Advertiser’s information, use of the Service, submissions to the Service, or its breach of the Agreement. Each User and Advertiser agrees to be solely responsible for defending any Claim against or suffered by Earn Gem app and/or any Earn Gem app Entity, subject to Earn Gem app Rewards and/or the Earn Gem app Entity’s right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all claims against Earn Gem app, and/or any Earn Gem app Entity provided that you will not agree to any settlement that imposes any obligation or liability on Earn Gem app and/or an Earn Gem app Entity without Earn Gem app prior express written consent.

11. WARRANTY DISCLAIMER.

EACH ADVERTISER AND USER EXPRESSLY AGREES THAT THE SERVICE IS AVAILABLE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THAT ITS USE THEREOF IS AT ITS OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Earn Gem app DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE OR Earn Gem app WEBSITE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE OR THE Earn Gem app WEBSITE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND ANY OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY Earn Gem app. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE OR THE Earn Gem app WEBSITE WILL MEET A USER’S OR AN ADVERTISER’S NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. IN ADDITION, EACH USER AND ADVERTISER ACKNOWLEDGES AND AGREES THAT Earn Gem app’S WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF Earn Gem app’S CONTROL. THE SERVICE MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, Earn Gem app’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

12. LIMITATION OF LIABILITY.

Earn Gem app LIABILITY IN CONNECTION WITH THE AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY, SHALL BE STRICTLY LIMITED TO $100. Earn Gem app SHALL NOT BE LIABLE TO USERS FOR DAMAGES OF ANY KIND ARISING OUT OF A USER’S USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL Earn Gem app OR ANY Earn Gem app ENTITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING OUT OF, OR IN CONNECTION WITH, THE AGREEMENT. ADVERTISER AGREES THAT ADVERTISER WILL NOT HOLD Earn Gem app RESPONSIBLE FOR THE SELECTION OR RETENTION OF, OR ANY ACTS, ERRORS, OR OMISSIONS BY, ANY THIRD PARTY IN CONNECTION WITH THE AGREEMENT, INCLUDING WITH RESPECT TO PARTICIPATION OR ACCESS BY ANY THIRD PARTY ON ADVERTISER’S LISTING(S) OF OFFERS, REGARDLESS OF THE INTENT OF SUCH THIRD PARTY. THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF Earn Gem app OR ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, Earn Gem app’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

13. NOTICES.

Earn Gem app may give general notices to Users and Advertisers by posting on the Earn Gem app Website, or by electronic mail to the e-mail address provided by you to Earn Gem app. It is your responsibility to ensure that your e-mail address and any other contact information you provide to Earn Gem app is updated, current and correct. All notices to Earn Gem app shall be sent via electronic e-mail, to: Earn Gem app earngem@gmail.com

14. CHOICE OF LAW.

Any dispute referring or relating to the Agreement or between the parties shall be governed by the laws of the England, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts located in London. Any claim against Earn Gem app arising from the Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.

15. MISCELLANEOUS.

The Agreement constitutes the entire agreement and understanding between the parties regarding the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications in all forms of media (including all instructions, advertisements, messages and policies), written and oral, between you and Earn Gem app regarding the subject matter contained herein. Only a written instrument executed by the party waiving compliance may waive the terms or covenants of the Agreement. No waiver by either party of a breach of any provision hereof shall be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. If any provision of the Agreement is held or made invalid or unenforceable for any reason, such invalidity shall not affect the remainder of the Agreement, and the invalid or unenforceable provisions shall be replaced by a mutually acceptable provision, which being valid, legal and enforceable comes closest to the original intentions of the parties to the Agreement and has like economic effect. Earn Gem app shall have no liability under the Agreement by reason of any failure or delay in the performance of its obligations on account of strikes, shortages, riots, acts of terrorism, insurrection, fires, flood, storm, explosions, earthquakes, Internet outages, computer virus, Acts of God, war, governmental action, or any other cause that is beyond its reasonable control. The parties are independent contractors and nothing in the Agreement shall be construed to create, evidence, or imply any agency, employment, partnership, or joint venture between the parties. Neither Advertisers nor Users are employees of Earn Gem app. None of Earn Gem app, Advertisers or Users shall have any right, power, or authority to create any obligation or responsibility on behalf of the other. The Agreement is not intended to benefit, nor shall it be deemed to give rise to any rights in, any third party. You may not assign or transfer the Agreement, or sublicense, assign or delegate any right or duty under the Agreement without Earn Gem app prior written consent. Any assignment, transfer or attempted assignment or transfer in violation of this Section shall be void and of no force and effect. Earn Gem app and its subsequent assignees may assign the Agreement, in whole or in part, or any of its rights or delegate any of its duties, under the Agreement to any party. Any rights not expressly granted in the Agreement are reserved by Earn Gem app, and all implied licenses are disclaimed. Headings used in the Agreement are for reference purposes only and in no way affect the Agreement. The term “including” is a term of enlargement meaning “including without limitation,” and does not denote exclusivity. Earn Gem app may change the Agreement and/or the Privacy Policy at any time upon notice published on its Website. Any use by you, your Affiliates, agents, representatives, employees, or any person or entity acting on your behalf, of the Service after such notice shall be deemed to be continued acceptance by you of the Agreement and Privacy Policy, including any amendments and modifications thereto. All information or material in connection with a Service must be submitted in the form requested by Earn Gem app. Earn Gem app reserves the right to discontinue offering, and/or modify the Service at any time. Except as otherwise specified by Earn Gem app, you agree that you will direct all communications relating to the Service or your participation therein directly to Earn Gem app and not to any other entity. The organization, specifications, structure or appearance of any Earn Gem app property or any page where your information (including listings) may be displayed may be redesigned or modified at any time.

10 February 2020

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