Last Updated: February 2025
‍

These GameGain Website Terms of Use (“Terms of Use” or “Terms”) form an agreement between you (“you” or “your”) and GameGain, inc. (“GameGain,” “we,” “us” or “our”) and govern your use of www.gamegain.io and any other website owned or operated by Company that links to these terms (the “Site” ) and all features, content, functionality, and tools made available on or through the Site, (collectively with the Site, the “Services”).

READ THESE TERMS CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH THE SERVICES, INCLUDING AN AGREEMENT TO ARBITRATE FOR ANY DISPUTE RESOLUTION UNDER SECTION 10 BELOW.

1.  ACCEPTANCE; COOKIES & RELATED TECHNOLOGY DISCLOSURE
Please read these Terms carefully before you access and use the Services. BY AGREEING TO THESE TERMS WHEN THEY ARE PRESENTED TO YOU OR BY OTHERWISE ACCESSING AND USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. If you do not agree to these Terms, you must (i) not access or use the Services, or (ii) discontinue any access or use of the Services. Your failure to comply with the Terms may result in the suspension or termination of access to the Site, and may subject you to civil and criminal penalties.

Our website incorporates the use of third-third party technologies, including cookies and other tracking technologies to enhance user experience and to analyze performance and traffic on our Website (“Cookies”).Cookies and related information collected about your use of our Website may be shared with our social media, advertising and analytics partners. Your acceptance of these terms is an acknowledgement of your understanding of our use of such Cookies. For more information about our use of Cookies and how we may share information with third parties, please see our Privacy Policy (discussed below).

2.   CHANGES TO THE TERMS
GameGain reserves the right, in its sole discretion, to amend the Terms, at any time and without prior notice. All changes are effective immediately when we post them unless we expressly specify otherwise. In any event, no changes will apply retroactively as to any claims existing prior to the “last updated” date.  If we choose to amend the Terms, we will update the “Last Updated Date” at the top of the Terms and post the updated version. By continuing to use the Site after we have posted an updated version of the Terms, you are affirming that you agree to be bound by the amended Terms.  You are expected to check this page, so you are aware of any changes, as they are binding on you. If there are material changes to these Terms, we may also reserve the right to provide notice of said changes in other alternative manners, such as posting said changes to the Sites and/or communicating said changes via e-mail or other communication channel.

3.   ACCESS AND CHANGES TO THE WEBSITE

Subject to your compliance with the Terms, GameGain grants you a limited, revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable right to access and use the Site for your own personal or internal business use only ,and not for resale or third-party distribution. In order to use the Site, you must have internet access, otherwise you will not be able to use some or all of the Site. GameGain reserves the right, in its sole discretion, to modify or discontinue offering the Site, or to impose limits on your use of the Site, or any features, functionality or tools thereof, in whole or in part, at any time, for any reason or no reason, with or without notice to you. You agree that GameGain has no obligation to provide any updates or to continue to provide or enable any particular Site features, functionality, tools or content and, to the maximum extent permitted by applicable law, will not be liable with respect to any such modifications, discontinuance or deletions. The Site is controlled and operated within the United States and is not intended for use outside of the United States.  

4.     USER CONTENT
(a)  General. The Services may allow or enable you to post, upload, publish, submit or transmit text, graphics, images, music, audio, video, information or other materials on or through the Services (“User Content”). User Content does not include any text, graphics, images, music, software, audio, video, information or other materials that is made available on or through the Services directly by or on behalf of GameGain or any Aggregate Data (as defined below).

(b)  User Content License. By providing any User Content on or through the Services, you: (i) grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise utilize and disclose to third parties such User Content on, through or in connection with the Services; and (ii) represent and warrant that(x) you own or control all rights in and to such User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, (y) all of your User Content does and shall comply with applicable law(including, without limitation, that it does not and shall not infringe, misappropriate or violate any third party’s proprietary rights, intellectual property rights, rights of publicity or privacy, or other rights in any respect) as well as these Terms of Use, and (z) none of your User Content shall be defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, or likely to deceive any User or other third party. You understand, acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Services and for ensuring its legality, reliability, accuracy, appropriateness, and compliance with these Terms of Use at all times.

(c)  Enforcement Rights and Disclaimers. We may (but have no obligation to) audit and/or monitor User Content (including, without limitation, any Event Content) and reserve the right, at any time and without prior notice, to remove, withdraw, disable access to, or otherwise take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that any User Content violates these Terms of Use, is otherwise objectionable or harmful to the Services and/or its Users or for any other reason, or could create liability for GameGain. You acknowledge and agree that GameGain is not responsible or liable to you or any other user or other third party or entity for the content or accuracy of any User Content or the use thereof or reliance thereon by any user or any other third party or entity, or for its performance or nonperformance of any actions described in this Section.

(d)   Aggregate Data. When you use the Services, including Third-Party Resources (as defined below), we may collect information related to your use of the Services and/or such engagement that is used by us in an aggregate and anonymized manner(“Aggregate Data”), including for the purpose of improving the security, compatibility or interoperability of the Services and to compile statistical and performance information related to the provision and operation of the Services.

5.   USER CONDUCT GUIDELINES
You are not authorized to access or use the Site if you are under 18; if you are a person barred from receiving services under the laws of the United States or other applicable jurisdiction; or for any other purposes that are not expressly permitted by the Terms or which violates applicable law.

Further, you may not:

- copy, distribute, share, publish, use or store, or prepare derivative works from any content on the Site covered by any copyrights, trademark, patent, or other intellectual property right belonging to GameGain or a third party, except with prior express permission of GameGain or entity party holding the rights to license such use;

- access, search, collect information from, or otherwise interact with the Site by “scraping,” “crawling” or “spidering” the Site,;

- use, display, mirror or frame the Site, or any feature, functionality, tool or content of the Site, GameGain’s name, any GameGain trademark, logo or other proprietary information;

- interfere with, disrupt, damage or compromise the Site or our systems or the access of any user, host or network in any way;

- attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Site;

- otherwise abuse the Site or breach the Terms; or

- attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.

GameGain reserves the right to investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law, and to monitor and/or disable access to or use of the Site by any user.

6.   INTELLECTUAL PROPERTY OWNERSHIP
The Site is protected by copyright, trademark, patent and other laws of the applicable jurisdiction and throughout the world.  You acknowledge and agree that the Site, Aggregate Data and all intellectual property rights therein, are the exclusive property of GameGain and its licensors.  You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Site, and you may not use the trade names, logos, and other trademarks and service marks associated with GameGain without our prior written consent.

You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality or tools of, the Site in any form or by any means, or sublicense the rights granted in the Terms.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by GameGain or its licensors, except for the revocable licenses and rights expressly granted in the Terms.  All rights not expressly granted to you by the Terms are hereby reserved to GameGain and its licensors.

If you choose to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Site (“Feedback”), you acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of GameGain. You hereby irrevocably transfer and assign to GameGain all of your right, title, and interest in and to, and waive any moral rights you may have in, all such Feedback.

7.   NO ENDORSEMENTS
The Site may provide information from or links to third-party websites, content, resources or services (“Third Party Resources”).  Any provision of such Third-Party Resources.  You acknowledge sole responsibility for and assume all risk arising from your use of any Third-Party Resources. We are not responsible or liable for any damage or harm resulting from your interactions with such Third-Party Resources available on or through such websites or services.

8.   DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that any content (including any Third-Party Resources) violates your copyright, then in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”), you should provide us with written notice containing at least the following information:

- A physical or electronic signature (i.e., “/s/ (print name)”) of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

- Identification of the work(s) claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site and a statement of ownership of such work(s);

- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address at which you may be contacted;

- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

Include the following statement: “I have a good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent or protection of law. ”If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective

All DMCA notices should be sent to our designated agent as follows: write us at Attn:, email us at DMCA@gamegain.com. It is the policy of Spark Group to terminate the user accounts of repeat infringers. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, or was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

9.   DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION

(a)     Disclaimer of Warranties. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, GAMEGAIN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE ORRIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE WEBSITE, OR THAT USE OF THEWEBSITE WILL BE UNINTERRUPTED ORERROR FREE, WARRANTIES AS TO THECOMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT.

(b)    No Financial Advice Provided. YOU ACKNOWLEDGE AND AGREE THAT ALL INFORMATION PROVIDED THROUGH THE SERVICES ARE INFORMATIONAL ONLY. UNDER NO CIRCUMSTANCES SHOULD ANY INFORMATION PROVIDED THROUGH OUR SERVICES BE CONSIDERED FINANCIAL ADVICE AND ANY INVESTMENT DECISIONS YOU MAKE ARE YOUR BASED ON YOUR OWN RESEARCH. WE RECOMMEND CONTACTING YOUR FINANCIAL AND LEGAL ADVISORS BEFORE ENGAGING IN ANY FINANCIAL INVESTMENTS.

(c)    Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT ACCESSING AND USING THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AND HEREBY RELEASE GAMEGAIN AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OFTHE FOREGOING. WITHOUT LIMITING THE FOREGOING, GAMEGAIN DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE. IN NO EVENT WILL GAMEGAIN BELIABLE FOR ANY (A) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR (B) DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GAMEGAIN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.  IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, GAMEGAIN’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO TEN U.S. DOLLARS (US$10).

(d)   Indemnification. To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold GameGain and its affiliates, licensors and service providers harmless from and against any claims, liabilities, damages, losses, costs and expenses, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with your access to or use of the Site, your breach of the Terms, or your gross negligence or willful misconduct.

10.   DISPUTE RESOLUTION AND GOVERNING LAW.
These Terms shall be governed by and interpreted in accordance with the laws of Illinois without regard to conflict of law principles. All disputes, claims, controversies and matters relating to or in connection with the Terms or subject matter in connection therewith, shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”),and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Chicago, Illinois before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language.

ALL ARBITRATIONS SHALL BE CONDUCTED AND RESOLVED ON ANINDIVIDUAL BASIS AND NOT A CLASS-WIDE, MULTIPLE PLAINTIFF OR SIMILAR BASIS. NOARBITRATION SHALL BE CONSOLIDATED WITH ANY OTHER ARBITRATION PROCEEDING INVOLVINGANY OTHER PERSON OR ENTITY.

11.    MISCELLANEOUS
These Terms constitute the entire and exclusive understanding and agreement between you and GameGain regarding your access to and use of the Site and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and GameGain regarding the subject matter here of. You may not assign, transfer, delegate, subcontract or sublicense any of your rights or obligations under the Terms.  Any attempted assignment, transfer, delegation, subcontracting or sublicense without the foregoing consent will be null and void.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms. Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of the Terms shall survive such expiration or termination.

Our failure to exercise any right or enforce any obligation under the Terms or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach.

If an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforce ability of the remaining provisions, which will remain in full force and effect.

The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.

Except as otherwise expressly set forth herein, the Terms do not and are not intended to confer any rights or remedies upon any person other than the parties here to.

Complaints regarding the Site or requests to receive further information regarding use of the Site may be sent to support@gamegain.io
‍
If you have any questions or concerns, please contact GameGain at info@gamegain.io.  


Copyright ©2024 All rights reserved.