Grin Gaming Inc. Terms of Service
Last Updated: February 1, 2019
Welcome to our website and related interactive features, products, services, applications or downloads (collectively, the “Websites”), which are owned and operated by Grin Gaming Inc., including any affiliates and subsidiaries (collectively, “Grin,” “we,” “our,” or “us”). Grin provides its services to you, subject to the following Terms of Service (“Terms”). These Terms apply and govern our Websites that link to it, regardless of how you access or use them, including through mobile devices. You can review the most current version of the Terms at any time at this page.
PLEASE NOTE THAT THESE TERMS REQUIRE THAT DISPUTES BE RESOLVED ONLY BY ARBITRATION (AND NOT BY COURT LITIGATION) IN LOS ANGELES, CALIFORNIA (OR THE CITY NEAREST TO YOU WHERE THE AMERICAN ARBITRATION ASSOCIATION HAS AN OFFICE), WAIVE ANY RIGHT TO JURY TRIAL, AND WAIVE ANY RIGHT TO BRING CLASS ACTIONS AGAINST US. Please review the Governing Law, Arbitration and No Class Actions section (section 13) of these Terms for complete details. In addition, when using particular Grin services, you and Grin shall be subject to any posted guidelines or rules applicable to such services, which may be posted elsewhere on the website. All such guidelines or rules are hereby incorporated by reference into these Terms.
2. Copyright, Trademark, and Ownership
All of the content displayed on the Websites, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Grin, its licensors, agents or its Content providers. All elements of the Websites, including, without limitation, the Websites’ general design, Grin’s trademarks, service marks, trade names (including the Grin name, logos, and the Websites’ design), and other Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Websites may only be used for the intended purpose for which they are being made available. Except as may be otherwise indicated on the Websites, you are authorized to view, play, print and download documents, audio and video found on our Websites for personal, informational, and non-commercial purposes only, and only for any “Acceptable Use” (defined as any use other than the Prohibited Uses, defined below). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or Grin’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Websites, without Grin’s prior written consent. The use of Grin’s trademarks on any other website is not allowed without our prior express written permission. Grin prohibits the use of Grin’s trademarks as a “hot” link on or to any other website unless establishment of such a link is approved in advance. The Websites, their Content and all related rights shall remain the exclusive property of Grin or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Websites.
3. Description of Service; Prohibited Uses
Grin provides users with a fun arena to gather and participate in games, contests, and other products related to eSports including by earning, using and betting our fake currency, Grin Coins, (collectively the “Services”).
YOU MAY NOT USE THE SERVICES FOR ANY ILLEGAL PURPOSE. IF YOU DISCOVER THAT ANY PARTY IS USING THE SERVICES OR THE WEBSITES FOR ANY SUCH PURPOSE, PLEASE NOTIFY GRIN IMMEDIATELY AT [email protected].
Grin may provide game scores and other information pertaining to esports or related events of interest. All of this information is supplied for entertainment purposes only and should be considered to be unofficial. While Grin will use reasonable efforts to include accurate and timely information, Grin does not warrant or make any representations of any kind with respect to the information provided to you. Grin shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the website, the Services, or the Content, and shall not be responsible or liable for any error or omission in that information.
Grin will make every reasonable effort to provide access on demand to all users. We cannot, however, guarantee perfect access at all times. Such occurrences as extremely high website traffic, power outages, natural disasters, changes in law, strikes, etc. may from time to time prevent access to Grin from all or part of the internet. Grin will make every commercially reasonable effort to restore access as soon as possible in the event its own services are disrupted. Grin is not responsible for any consequences resulting from disruptions in service, and disclaims any liability related thereto or arising therefrom. Grin will make a reasonable effort to compose software and programs that are compatible with the browsers and operating systems now generally in use on the Internet, and a reasonable effort to ensure these programs are free of defects. Grin is not responsible for any consequences resulting from incompatibility between its software and programs and those of any users, and disclaims any liability related thereto or arising therefrom.
“Prohibited Uses” include, but are not limited to, the use of the Content or Services to do the following or assist others to do the following:
- Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;
- Link to the Content or Services from a site or transmit any material that is inappropriate, profane, vulgar, threatening, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that Grin deems, in its sole discretion, to be otherwise objectionable;
- Frame the Services or Content, display the Services or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between Grin and any third party or potentially deprive Grin of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
- Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
- Restrict or inhibit any other user from using and enjoying the Content or Services;
- Transmit files that contain viruses, spyware, adware, or other harmful code;
- Advertise or promote goods or services without Grin’s prior written permission (including, without limitation, by sending spam);
- Take or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law;
- Interfere with others using the Content or Services or otherwise disrupt the Content or Services;
- Transmit, collect, or access personally identifiable information about other users without the consent of those users and Grin;
- Engage in unauthorized spidering, “scraping,” or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information;
- Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
- Make or draft any statement that contains false or misleading indications of origin or statements of fact;
- Defeat any access controls, access any portion of the Content or Services that we have not authorized you to access (including password protected areas), link to password protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials; or
- Use the Content or Services for any other purpose prohibited under these Terms.
4. Other Restrictions
You must only access and use our Services if it is legal for you to do so according to the laws that apply in your jurisdiction or in the jurisdiction in which you access our Services. Grin prohibits persons located in (including temporary visitors) or residents of certain jurisdictions from accessing or using its Services (“Prohibited Jurisdictions”).
Any attempt to circumvent the restrictions on play by any persons located in a Prohibited Jurisdiction, is a breach of this Agreement. An attempt at circumvention includes, but is not limited to, manipulating the information used by Grin to identify your location and providing Grin with false or misleading information regarding your location or place of residence. Any such attempt will entitle us to take such steps as we deem appropriate including, without limitation, terminating accounts.
These restrictions are put in place in line with US, UK, and EU sanction policies as well as anti-money-laundering guidelines.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms.
In order to use the Content or the Services, you must be 18 years of age or older at the time of registration. By agreeing to these Terms, you represent and warrant that you are over the age of 18 and you will not allow anyone under the age of 18 to use your account for any purpose. Users over the age of 18 who have not yet reached the age of majority according to the laws of the state or country in which they reside must have the permission of their parent or legal guardian to use the site and open an account, and the account will be deemed to be the account of the parent or legal guardian and the parent or legal guardian is bound by these Terms.
Grin employees may use the Services for the purpose of testing the user experience, but may not withdraw money or prizes. Grin consultants or promoters of the Services may play in contests without such limitation, but only if (i) their arrangement with Grin does not permit them to have any access to nonpublic data or any other data not made available to all players on the Services and (ii) they do not receive any other advantages in their play on the Services.
6. Your Registration Obligations
To register on Grin you need to enter an email address and password, and you need to agree to these Terms. Since Grin uses your email address to look up your account information, and to send you password change requests and other useful correspondence you should be sure to use a valid email address when registering. You should also keep your email address up to date using the MY ACCOUNT page. If you use an invalid email address, you may find it difficult to retrieve your password and get customer service. Users of the Service must provide their real names and information and, in order to comply with this, all users must commit to the following rules when registering and maintaining your account:
- you must not provide any false personal information on the Service, or create an account for anyone other than yourself;
- you must not use your personal profile for your own commercial gain (such as selling your status update to an advertiser); and
- when you select an Avatar for your account, Grin reserves the right to remove or reclaim it as it believes appropriate.
Avatars may be removed for any reason or no reason including but not limited to (i) a violation of another section of these requirements, (ii) any otherwise Prohibited Use, or (iii) any possible violation of Grin’s or a third party’s rights including trademarks, trade names, or other identifying information.
7. Rules Relating to Sweepstakes/Contests
From time to time, Grin may engage in promotional activities that include sweepstakes and/or contests (collectively referred to as a “Contest” or “Contests”). The rules of each Contest shall by separately set forth, but in no event shall persons be permitted to participate in said Contests in any jurisdiction in which such activities are unlawful. In addition to any specific rules of each Contest, the following rules shall apply to Contests. In the event of a conflict between the rules of a specific Contest and the rules set forth in this section, the rules of the specific Contest shall control.
Prohibited Conduct. Grin, in its sole discretion, may disqualify from any service, refuse to award points or prizes, and/or require the return of any prizes from a Contest participant who engages in conduct that Grin deems to be illegal, improper, unfair, or otherwise adverse to the operation of our Services, including the Websites, or in any way detrimental to other participants, or that violates these Terms. Such misconduct includes, but is not limited to, falsifying personal information required to use the Websites, avail oneself of our Services, or to claim a prize; violating any of these Terms; accumulating points or prizes through unauthorized methods such as the use of automated scripts or other automated means; tampering with the administration of the Websites or any of our Services or trying in any way to tamper with the computer programs associated with the Websites or any of our Services; obtaining other participants’ information for purposes of spamming them or interfering with their play; and abusing our Services, including the Websites in any way. You further acknowledge that the forfeiture or return of any prize shall in no way prevent Grin from pursuing civil or criminal proceedings in connection with your misconduct.
Age Requirements. Contests are restricted to participants aged 18 years and older. Participants over the age of 18 who have not yet reached the age of majority according to the laws of the state in which they reside must have the permission of their parent or legal guardian to enter Contests.
Compliance with Contest Specific Rules. In addition to these Terms, you must comply with all of the rules for the specific Contest that you are entering. Those rules govern the basis of awarding points/prizes, entry requirements, and all other rules for each respective Contest. The rules relating to each Contest are available here: Contest Rules.
Award of Prizes. After each Contest ends, points/prizes may be awarded in accordance with the Contest’s rules. Prizes for each Contest are listed at the outset of the Contest and are not subject to change based on the number of participants or total entry fees for that Contest. Prize calculations are based on Contest results as of the time when Grin tabulates final scoring. After prizes are awarded, scoring results will not be changed. Grin’s decisions are final.
Contest prizes may not be substituted or transferred. All taxes and any expenses associated with the receipt or use of any prize are the sole responsibility of the winner. If prize awards are challenged by any legal authority, Grin may, in its sole discretion, decline to award such prizes.
Claiming Prizes. Winners are generally posted on the Websites and/or notified within twenty-four hours. Winners may be asked to return via e-mail or regular mail an affidavit of eligibility and appropriate tax forms. A winner’s failure to comply with such requests within the time stated can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. If a winner is considered to be a minor is his or her state of residence, at Grin’s sole option, the prize will either be awarded to the minor winner’s parent or legal guardian on behalf of the winner, or the minor’s parent or guardian will be required to ratify and sign the affidavit of eligibility. A list of winners for each competition period may be obtained by written request to: [email protected]
Grin may provide links, in its sole discretion, to other websites solely as a convenience to you. These websites are maintained by third parties over which Grin exercises no control. Any activities you engage in involving third-party websites are subject to privacy policies, terms and conditions, and other rules issued by the operator of those websites. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located on or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from our Websites, you do so entirely at your own risk.
Running or displaying these Websites, or any information or material displayed on these Websites, in frames or through similar means on another website without our prior written permission is prohibited.
You represent, warrant and covenant that you: (a) will not use the Websites, Content and Services for any Prohibited Use; (b) will not upload, post, transmit, distribute or otherwise publish through the Websites, Content, and Services any materials, or take any action, that constitutes a Prohibited Use; (c) are 18 years old or older, and will not allow any person under that age to use the Websites, Content and Services; and (d) will comply with these Terms in connection with your use of the Websites, Content and Services.
10. Reservation of Rights
Grin expressly reserves, in its sole discretion, the right to immediately modify, suspend or terminate your account and refuse current or future use of any Services or access to Content for any reason. In the event that such termination is due to your breach of these Terms or wrongdoing by you, Grin may immediately terminate your account without notice, and such termination does not prejudice Grin’s right to pursue damages against you for such breach. Grin has the right to modify or discontinue the Services. You agree that Grin will not be liable to you or to any third party for any modifications or discontinuance of the Services or Content.
11. User Content
12. Password and Security
Grin may permit you to register for and log onto its Services via certain third party social networks, such as by using Twitch, Steam or Facebook. If you log in via such social networks, the profile information connected to the account you use to log into the Service, including your name or Avatar, may be used by Grin in order to provide and support your account. You also acknowledge and agree that Grin may publish information regarding your use of our Services to and in connection with any such third party social network with which you use our Services. At any point, you may notify Grin that you no longer agree with Grin publishing such information, but Grin reserves the right to discontinue offering any or all of our Services as necessary.
13. GOVERNING LAW/ARBITRATION/CLASS ACTION WAIVER
THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND GRIN, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE WEBSITES, TO THE USE OR ACCESS THEREOF, TO THE ADVERTISING AND OTHER CONTENT ON THE WEBSITES, TO THE PRODUCTS, CONTENT, SERVICES, MATERIALS, PROGRAMS, CONTESTS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITES, AND/OR TO THESE TERMS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE WEBSITES CONCERN INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT ("FAA") GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE CALIFORNIA OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. THE ARBITRATION SHALL TAKE PLACE IN LOS ANGELES COUNTY, CALIFORNIA, OR IN THE CITY NEAREST TO YOUR PRINCIPAL PLACE OF RESIDENCE WHERE THE AMERICAN ARBITRATION ASSOCIATION HAS AN OFFICE. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS IN ACCORDANCE WITH TITLE 9 OF THE US CODE (UNITED STATES ARBITRATION ACT) UNDER THE JAMS’S ARBITRATION RULES & PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE ARBITRATION RULES & PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.
13.2 NO CLASS ACTIONS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU OR WE MAY HAVE IN CONNECTION WITH OR RELATED TO THE WEBSITES, TO THE USE OR ACCESS THEREOF, TO THE ADVERTISING AND OTHER CONTENT ON THE WEB SITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS, CONTESTS, OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEBSITES, AND/OR TO THESE TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY CLAIM, DISPUTE OR CAUSE OF ACTION IN CONNECTION WITH OR RELATED TO THE WEBSITES, TO THE USE OR ACCESS THEREOF, TO THE ADVERTISING AND OTHER CONTENT ON THE WEB SITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS, CONTESTS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED AND/OR SOLD ON OR THROUGH THE WEB SITE, AND/OR TO THESE TERMS.
14. Invalidity of Specific Terms
If any provision of these Terms or any document incorporated by reference is found by a court or tribunal of competent jurisdiction to be invalid, the parties nevertheless agree that the court or tribunal should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.
YOUR USE OF THESE WEBSITES IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS, CONTENT AND SERVICES PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE WEBSITES OR OTHERWISE PROVIDED BY US ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITES AND OUR PRODUCTS, CONTENT AND SERVICES. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITES OR ANY INFORMATION, PRODUCTS, CONTENT, OR SERVICES WE PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE WEBSITES OR ANY INFORMATION, PRODUCTS, CONTENT, OR SERVICES WE PROVIDE. THE INFORMATION, MATERIALS, PRODUCTS, CONTENT, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITES MAY BE OUT OF DATE, AND NEITHER GRIN NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS, CONTENT OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS, CONTENT, OR SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GRIN OR THROUGH GRIN’S WEBSITES, PRODUCTS, CONTENT, AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
16. LIMITATION OF LIABILITY.
GRIN DOES NOT ASSUME ANY RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO OR ANY VIRUS THAT MAY INFECT YOUR COMPUTER, EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THESE WEBSITES, OR YOUR DOWNLOADING OF OR ACCESSING ANY MATERIALS FROM THE WEBSITES. IN NO EVENT WILL GRIN, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THESE WEBSITES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITES, ANY WEBSITES LINKED TO THE WEBSITES, OR THE MATERIALS, INFORMATION, PRODUCTS, CONTENT OR SERVICES CONTAINED ON OR PROVIDED IN CONNECTION WITH THE WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT GRIN SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITES OR ANY CONTENT, PRODUCTS, OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITES OR THE CONTENT, PRODUCTS, OR SERVICES.
You agree to defend, indemnify, and hold harmless Grin, its affiliates and subsidiaries, and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any breach by you of these Terms.
18. Report Violations
If you witness any user activity in the service that violates these Terms, please notify us of the activity via [email protected]. Grin cannot guarantee that any action will be taken as a result of your email, but we appreciate your help in making the service an enjoyable experience for all users.
19. Digital Millennium Copyright Act (DMCA) (US Residents)
DMCA Complaint Requirements. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through Our Services, including the Websites, please notify our copyright agent, designated below, in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner; and
- Specific identification of the copyrighted work that you claim has been infringed; and
- Specific identification of the material that is claimed to be infringing and where it is located on the Website or Our Services; and
- Information reasonably sufficient to permit us to contact you, including your name, address, telephone number, and, e-mail address; and
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Please also note that the information provided in a notice of copyright infringement may be forwarded to the person or entity who posted the allegedly infringing content. After removing material pursuant to a valid DMCA notice, Grin will immediately notify the individual or entity responsible for the allegedly infringing material that it has removed or disabled access to the material. Grin will terminate, under appropriate circumstances, the accounts of individuals who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any individual for actual or apparent copyright infringement.
Submitting a DMCA Counter-Notification: If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Grin by providing the following information to the Designated Agent at the address below:
- The specific URLs of material that Company has removed or to which Grin has disabled access; and
- Your name, address, telephone number, and email address; and
- A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or the federal district courts located in Los Angeles, California if your address is outside of the United States), and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person; and
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”; and
- Your signature.
Upon receipt of a valid counter-notification, Grin will forward it to notifying party who submitted the original DMCA notification. The original notifying party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If the Company does not receive any such notification within ten (10) days, we may restore the material to the Websites.
DMCA Agent. The above information must be submitted to [email protected]
20. Grin Coins
Grin Coins are a fake, virtual currency that are solely available and usable on gringaming.com. You will have the opportunity to purchase Grin Coins through the Website for “real world” money if you are legally permitted to purchase such virtual currency in your country, province, jurisdiction and/or state of residence. You will also have the opportunity to win or earn Grin Coins by participating in various activities, some of which are described below. Whether purchased with “real world” money, earned or won, Grin Coins have no monetary value, may never be redeemed for “real world” money, goods or other items of monetary value from Grin or any other party, and do not constitute currency of property of any type. Grin Coins cannot be converted into cash or cash equivalents, cannot be transferred to another player, and are used purely for entertainment purposes. Grin Coins may only be held by legal residents of jurisdictions where access to and use of the Services are permitted. Grin Coins may only be purchased or acquired from us and through means we provide on the applicable Websites or otherwise expressly authorize. We will not honor Grin Coins bought or sold on any secondary market. We reserve the right to refuse your request to purchase and/or acquire Grin Coins for any reason. Prices and availability of Grin Coins are subject to change without notice.
Grin Coins may be redeemed to participate in certain of the Services. Grin Coins may also be used to enter into contests, sweepstakes or other giveaways. All such contests are subject to section 7 of these Terms, as well as any additional rules which may be specifically set forth for the applicable contest. No purchase is required to participate in games, sweepstakes, contests or other giveaways involving Grin Coins. No “real world” money can be won by participating in wagering, games, competitions, or contests involving Grin Coins.
Users may bet Grin Coins on the outcomes of particular games, multiple games, or specific events occurring in those games. Winners of each bet are determined based on real-world results, subject to the terms and conditions contained herein.
Users are only permitted to open a single account with Grin. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use Grin Coins with the Services, you have no right or title in or to Grin Coins, or any other attributes associated with the Services or stored within the Services. Grin has the absolute right to manage, regulate, control, modify and/or eliminate Grin Coins as it sees fit in its sole discretion and to the extent legally permissible, and Grin shall have no liability to you or anyone for exercise of such rights. In addition to the above, Grin reserves the right to cancel any bets and remove Grin Coins from any contests, sweepstakes or other giveaways to remedy exploitation of the system and maintain the integrity of Grin games, bets, and competitions.
In the event a user wins any prize through a contest, sweepstake or other giveaway, said user must respond to communications from Grin and provide necessary shipping information within 7 days in order to claim their prize. If the user fails to respond, said user may forfeit their prize and Grin reserves the right to give that prize away to another user.
21. Term and Termination
These Terms and your right to use the Websites will take effect at the moment you access or use the Websites. Moreover, without the prior written consent of Grin, any use of the Websites other than as specifically authorized herein is strictly prohibited. Grin reserves the right, without notice and its sole discretion, to terminate your right to use the Websites and to block or prevent your future access to, and use of, the Websites. The provisions concerning Grin’s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of the Terms for any reason. Grin retains has the right to change or discontinue the Websites or any feature of the Websites at any time.
If any provision (or part thereof) contained in these Terms is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.
24. Contact Us
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Websites either here or at [email protected]
Note: Beta users (users who have won coins on new or experimental features) may have their US Dollar-based winnings capped.
All rights not granted herein are expressly reserved to Grin.
Last Updated: February 1, 2019
- the types of information we collect through our Services;
- how we use and protect that information;
- the types of information we may share with others and under what circumstances; and
- the choices you have regarding our collection, use and sharing practices.
We also include a specific disclosure about our use of third-party cookies and other tracking technologies. We use these technologies to deliver our Services, gather data for our internal analytics, and for advertising.
This Policy applies to Grin and our websites, application, emails we send, as well as the information we collect when you interact with us through social media or other websites and online services. It also applies anywhere it is linked. It does not apply to non-Grin websites and mobile applications that may link to the Services or be linked to or from the Services; please review the privacy policies on those websites and applications directly to understand their privacy practices.
For questions about our privacy practices, contact us at:
What do we collect?
Information You Give Us
Information you provide by filling in forms on our websites or application. This includes:
- Contact and demographic information when registering to use our Services
- Email address information when subscribing to our email bulletins
- Details of transactions you carry out through our site and of the fulfilment of your orders, including credit card information
- Any information or data you provide by interacting in our online forums and chatrooms, or by commenting on content posted on our Services. The content may be visible to other users of our Services
- Information you provide when you interact with us via social media, including any posts, pictures, videos and messages which you submit to us either via our social media sites (including by use of hashtags associated with us) or our site
- If you contact us, we may keep a record of that correspondence
Information We Collect Automatically
- Details of your visits to our site and information generated in the course of the use our site (including the timing, frequency and pattern of service use) including, but not limited to, traffic data, weblogs and other communication data, the resources that you access, how you reached our site, and information related to your prize/winning history
- Detail regarding the device you use to access our website, application, or digital services, including, where available, your IP address, location based on IP address, operating system and browser type, geolocation of mobile device, apps downloaded, and language preference
- Information that you make available to us on a social media platform (such as by clicking on a social media icon linked from our Services or choosing to log in through a social media account), including your account ID or username, full name and contact information, and other information included in your posts
To Provide You with Our Products and Services
- Process information at your request to take steps to enter into a contract for sale or for services
- Provide you with our services
- Process payments
- Maintain business and service continuity
- Send service communications
To Enable Additional Features or Interact with Us Outside Our Website (such as via email)
- Display your messages/captions, photos and/or videos (which may include ‘likes’, comments or other reactions to such messages/captions, photos and/or videos)
- Send you direct marketing communications if you consented to us doing so
To Provide You with The Best Service and Improve and Grow Our Business
- Provide you with personalized service
- Improve our services
- Keep our site and systems safe and secure
- Understand our customer base and purchasing trends
- Create custom audiences on social media sites
- Understand the effectiveness of our marketing
To Detect, Investigate and Prevent Activities that May Violate Our Policies or Be Fraudulent or Illegal
- Defend against or exercise legal claims
- Investigate complaints or potential legal violations
- Assist law enforcement
- Comply with legal requirements regarding the provision of products and services
- Distribution companies, fulfilment companies and other similar sub-contractors
- Payment processors
- Marketing automation partners
- Website, software or data storage companies
- Analytics and search engine providers that assist us in the improvement and optimization of our site
- Customer survey providers in order to receive feedback and improve our services
Business Partners and corporate Affiliates
- Affiliates or clients who may sell services of interest to you
- Any member of our group of companies
Social Media Platforms
- For the purpose of authenticating you as a user on our site (if you choose to login using a social media account)
- If you choose to log in to your account with or through a social networking service, Grin and that service may share certain information about you and your activities.
- To enable you to use social media to enhance your interaction with our Services, such as to “Like” or “Share” content.
- For advertising purposes, as described above
Note: Your interaction with social media platforms typically allows for the collection of some information about you through cookies they place on your device and other tracking mechanisms. In some cases, social media platforms may recognize you through their cookies even when you do not interact with their applications. Please visit their respective privacy policies to better understand their data collection practices and controls they make available to you.
Additional Information About our Data Collection and Sharing Practices
Sharing of Aggregated Data
We may analyze aggregated, de-identified data and share these analyses at our discretion, including with marketing agencies, media agencies and analytics providers. These third parties will not be able to relate this data to identifiable individuals.
Combination of Information
We may combine information from the Services with other information we obtain from our business records, our affiliates or from third-party sources.
Personal Data Collected From You About Others
If you decide to invite others to the Site, we will collect your and the third party’s names, e-mail addresses, and/or phone numbers in order to send an e-mail or text message and follow up with the third party. We rely on you to obtain the third party’s consent to this before giving us their personal data and not to send us the contact details of any child under 16. We will inform any third party you invite that you gave us his or her details in the invitation e-mail.
Change of Ownership or Corporate Organization
We may transfer to another entity or its affiliates or service providers some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control or financing transaction. We cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat your information the same as described in this Policy.
Cross-border Transfer of Data
If you use our Services outside of the United States, you understand that we may collect, process and store your personal information in the United States and other countries. The laws in the U.S. regarding personal information may be different from the laws of your state or country. Any such transfers will comply with safeguards as required by relevant law. By using the Services, you consent to the collection, international transfer, storage and processing of your data.
Your Options and Rights
Information Stored on Your Account Profile
Please visit the your account page to update your contact information and payment method.
Our Email Bulletins
If at any time you would like to unsubscribe from receiving future emails, you can click the unsubscribe link at the bottom of any email bulletin, or email us at [email protected] and we will promptly remove you from all correspondence.
Sharing of Information with Affiliates
We will strive to anonymize any data related to you before we share with third parties. Anonymized data may, in some circumstances, be linked back to you. You may opt-out of sharing by changing the “Share my data setting” on your account profile.
Information for Individuals Located in the EEA and Switzerland
Purposes of processing and legal basis for processing
We process personal data on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide Services; and (3) as necessary for our legitimate interests in providing the Services where those interests do not override your fundamental rights and freedom related to data privacy.
Right to lodge a complaint
Users that reside in the EEA or Switzerland have the right to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here.
If you are a resident of the EEA or Switzerland, you are entitled to certain rights. Please note: In order to verify your identity, we may require you to provide us with personal information prior to accessing any records containing information about you. These rights include the ability:
- to request from us access to personal information held about you
- to ask for the information we hold about you to be rectified if it is inaccurate or incomplete;
- to ask for data to be erased if the data is no longer necessary for the purpose for which it was collected, you withdraw consent and no other legal basis for processing exists, or you believe your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing.
- to request that we restrict our processing if we are processing your data based on legitimate interests or the performance of a task in the public interest as an exercise of official authority (including profiling); using your data for direct marketing (including profiling); or processing your data for purposes of scientific or historical research and statistics.
How We Secure the Information We Collect From or About You
We use a combination of physical, technical and administrative safeguards to protect the information we collect through the Services. While we use these precautions to safeguard your information, we cannot guarantee the security of the networks, systems, servers, devices and databases we operate or that are operated on our behalf.
Your California Privacy Rights
Grin provides you choice prior to sharing certain categories of your personal information to third parties for direct marketing purposes. You can opt-out of sharing on your account profile.
Our Practices Regarding Information Belonging to Children
The Services are intended for users age thirteen and older. Grin does not knowingly collect personal information from children. If we discover that we have inadvertently collected personal information from anyone younger than the age of 13, we will delete that information.
Additional Information About Third-Party Cookies
- Site Operations: Enabling features that are necessary for providing you the services on our site, such as identifying you as being signed in
- Analytics: Allowing us to understand how our services are being used, track site performance and make improvements
- Social Media: Enabling the sharing of content from our services through social networking and other sites
Below is a list of these partners with links to more information regarding their use of your data and how to exercise your options regarding tracking.
|Analytics||How Google uses information from sites or apps that use our services|
Most web browsers automatically accept cookies but, if you prefer, you can usually modify your browser setting to disable or reject cookies. If you delete your cookies or if you set your browser to decline cookies, some features of the Services may not be available, work or work as designed.
You may be able to opt out of or block tracking by interacting directly with the third-parties who conduct tracking through our Services. Please see below for more information.
You can learn more about ad serving companies and the options available to limit their collection and use of your information by visiting the websites for the Network Advertising Initiative, the Digital Advertising Alliance, and the European Interactive Digital Advertising Initiative. Similarly, you can learn about your options to opt out of mobile app tracking by certain advertising networks through your device settings and by resetting the advertiser ID on your Apple or Android device.
Please note that opting out of advertising networks services does not mean that you will not receive advertising while using our Services or on other websites, nor will it prevent the receipt of interest-based advertising from third parties that do not participate in these programs. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms. If you delete your cookies, you may also delete your opt-out preferences.
Your browser or device may include “Do Not Track” functionality. At this time, Grin does not respond to browser “Do Not Track” signals.
Changes to This Policy
We may make changes to this Policy from time to time. We will post any changes, and such changes will become effective when they are posted. Your continued use of our Services following the posting of any changes will mean you accept those changes.