Terms of Service
Last updated: July 29th, 2023
*IMPORTANT LEGAL NOTICE REGARDING TERMS OF SERVICE OF GREENSTREAK*
Important! Please carefully read these terms of service and corresponding privacy policy before joining GreenStreak, Corp.’s gstreak platform as they affect your legal rights and obligations.
I. Definitions
(a) In these terms references to "GreenStreak," “gstreak,” "we," "us," and "our" are references to GreenStreak, Corporation.
(b) The mobile applications (regardless of if accessed via the iOS App, Google Play, Windows App, or any other applicable Store) are referred to as the “Apps.”
(c) GreenStreak’s website(s), Apps and related services, information and communications are collectively referred to as the “GreenStreak Platform,” or “Platform.”
(d) We call an account holder on the GreenStreak Platform “Account Holder,” “Account Holders,” “you,” “your,” or “Client” as appropriate
(e) “Terms of Service”, or “Terms” refers to our Terms of Service, which can be found here. The Privacy Policy is incorporated into, and considered a part of, the Terms of Service.
(f) “Rules,” or “Rules and scoring” together with the Terms of Service and Privacy Policy are herein referred to as the “Agreements”
(g) “Website” refers to our website www.gstreak.co
II. Account Holder Agreement
1. Account Holder Agreement
(a) These terms apply to your download, access and/or use of GreenStreak Apps, whether on your computer, on a mobile device, on our website or any other website, device, or platform. These terms also apply to any other services that we may provide in relation to the Apps or the Platform, such as customer support, social media, community channels and other digital real estate that we may operate in the future. These terms are a legal agreement and contain important information about your rights and obligations in relation to our Services.
(b) GreenStreak owns and operates the GreenStreak Platform that adheres to these Terms of Service. We are pleased to offer you access to our Platform and the ability to participate in our arcade-style competitions of skill, other content, products, services, and promotions (collectively the "Services") that we may provide from our Platform, are subject to these Terms of Service and the Official Rules and Regulations for the applicable competitions and promotions.
(c) By using the GreenStreak Platform, you confirm that you have read and understand these Terms of Service, and our Privacy Policy. The Agreements govern the use of the GreenStreak Platform. GreenStreak, will collect, use, and maintain information consistent with the Agreements.
(d) You agree to these Terms of Service by accessing or using the Platform, registering for Services offered on the Platform, or by accepting, uploading, submitting or downloading any information or content from or to the Platform. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE, INCLUDING ANY UPDATED VERSION OF THEM, YOU MUST NOT ACCESS AND/OR USE, AND MUST CEASE ALL ACCESS AND/OR USE OF ANY OF OUR SERVICES. Should any future update to these Terms require any action from you in order to accept the updated Terms, then you may not be able to continue to use the Services until you have taken such action.
(e) These Terms of Service constitute a legal agreement between you and GreenStreak and shall apply to your use of the Platform and the Services in perpetuity.
III. Mobile Application
(a) These Terms of Service shall also apply to the use of the GreenStreak Mobile Application. These Terms of Service are intended to be in addition to the End Account holder License Agreement (found here: https://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/) for the Mobile Application, and to the extent any of these Terms of Service conflict with the End Account holder License Agreement, these Terms of Service shall be deemed to apply and the conflicting provision in the End Account holder License Agreement shall not be applicable. Any reference to the Platform in these Terms of Service shall also be deemed to include the Mobile Application.
IV. General Terms
1. About Accessing and Using our Services
(a) These terms are made available via the Apple app store or any other source that allows you to download our Apps, and from, or on, any website or platform where you can play our Apps.
(b) You can access the latest version of these terms at any time via the App or at gstreak.co/tos.
(c) You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be before you access and/or use our Services.
(d) We reserve the right to make changes and/or update these Terms at any time by posting the updated version to the Platform. We may do so for a number of reasons including without limitation because we change the nature of our Services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using our Services.
(e) There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
2. Restrictions / Eligibility
(a) You must be at least twenty-one (21) or eighteen (18) years of age (contingent on country of residence) to create an account, participate in competitions, or redeem prizes offered by the Platform.
(b) You may establish only one account per person to participate in the Services offered on the Platform. In the event GreenStreak discovers that you have opened more than one account per person, in addition to any other rights that GreenStreak may have, GreenStreak reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any Tokens and/or Tickets.
(c) You are responsible for maintaining the confidentiality of your login credentials (i.e., username and password), and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms of Service to allow any other person to use your account to participate in any competition. If you have reason to believe that someone is using your account without your permission, you should contact us immediately (support@gstreak.co). We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.
(d) "Authorized Account Holder" is defined as the natural person 21 or 18 years of age (contingent on their country of residence) or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the Platform. By inputting a payment method, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Platform. It shall be a violation of these Terms of Service for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.
3. Availability of Services
(a) We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services at our sole discretion without notice, including but not limited to, for example, ceasing an App or other Service for economic reasons due to a limited number of account holders continuing to make use of that App or other Service over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve account holder experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.
4. Transferring these Terms
(a) We may wish to transfer all or a part of our rights or responsibilities under these Terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you.
(b) You may not transfer any of the rights we give you under these terms unless we first agree to said transfer in writing.
5. Questions about these Terms
(a) If you have any questions about these Terms or our Services you may contact us by email at info@gstreak.co.
V. App Competitions
1. Competitions of Skill
(a) Competitions offered through an App of a gamification nature on the Platform are competitions of skill. Winners are determined by the objective criteria described in the Competition tutorial, and any other applicable documentation associated with the Competition. From all entries received for each Competition, as indicated by an account holder completing the entry fee buy-in requirements, winners are determined by the account holders who use their skill to accumulate the most score, within an allotted Competition duration timeframe, according to the corresponding scoring rules.
2. Instructions, Game Rules, & Scoring
(a) The specific Competition instructions, gameplay mechanic rules, scoring rules, controls and guidelines for each Competition can be found within the Competition itself. Such instructions, gameplay mechanic rules, scoring rules, controls and guidelines form part of these Terms and you agree that you shall comply with them in respect of each individual Competition which you choose to access and/or play.
3. GreenStreak, Corp. Tokens and Tickets
(a) Our Competitions make use of digital currencies such as GreenStreak, Corp. Tokens (“GSC Tokens") and GreenStreak, Corp. (“GSC Tickets”). You agree that once acquired, GSC Tokens and GSC Tickets have no monetary value and can never be exchanged for real money, real goods, or real services from us or anyone else. You agree that GSC Tokens and GSC Tickets are not transferrable to anyone else and you will not transfer or attempt to transfer any GSC Tokens or GSC Tickets to anyone else.
(b) You do not own GSC Tokens or GSC Tickets, but instead, you purchase a limited personal revocable license to use them - any balance of GSC Tokens and/or GSC Tickets does not reflect any stored value.
(c) You agree that all sales by us to you of GSC Tokens are final and that we will not refund any transaction once it has been made. For the purposes of this paragraph, a "purchase" is complete at the time our servers validate your purchase and the applicable GSC Tokens are successfully credited to your account’s in-application ‘Wallet’ on our servers.
4. Competition Entry
(a) Account holders will be able to visit the Platform and view the Competitions available for entry (the "Competitions"). Each individual Competition has an entry fee listed in GSC Tokens. When you select to participate in a Competition and complete the entry process, the listed quantity of GSC Tokens will be debited from your GreenStreak account’s in-application ‘Wallet’.
(b) Account holders will not be permitted entry into Competitions thirty (30) minutes prior to the completion of said competition’s duration deadline. In order words, if the competition’s respective duration is to conclude in twenty-four (24) hours, account holders will be barred from entering the competition after twenty-three (23) hours and thirty (30) minutes of competition duration have elapsed.
5. Competition Results
(a) Competition results and GSC Ticket payout calculations are based on the final statistics and scoring results from each individual App game’s scoring algorithms played or participated in by the Account Holder as part of a respective competition. E.g., Competition 1, 2, and 3, are hosted via App Game 1. Scores and payouts associated with Competitions 1, 2, and 3 will adhere to the gameplay mechanics and scoring algorithms pertaining to App Game 1. The scoring results of a Competition will not be changed, except at GreenStreak’s sole discretion.
(b) Competition prize pool payout winners are listed within the Platform’s respective competition leaderboard.
6. Competition Prize Pool Payouts
(a) Prize pools payouts associated with each competition are paid out in GSC Tickets and will only be awarded if a Competition concludes successfully. To be concluded successfully a competition must have at least two unique account holders submit entry fees and scores for said competition, and the competition’s duration timer (i.e., 24 hours, 7 days, 1 week, etc.) must run its course in its entirety. We reserve the right to cancel Competitions at any time. In the event of a cancellation, all GSC Tokens used for Competition entry fees will be refunded to the Account Holder, except as specifically provided in these Terms of Service.
7. Conditions of Participation
(a) By entering a Competition, Account Holders agree to be bound by these Rules and the decisions of GreenStreak, which shall be final and binding in all respects. GreenStreak, at its sole discretion, may disqualify any Account Holder from a Competition, refuse to refund, or award GSC Tokens or GSC Tickets and require the return of any GSC Token(s) or GSC Tickets(s), if the Account Holder engages in conduct or otherwise utilizes any information the Company deems to be improper, unfair or otherwise adverse to the operation of the Competition or is in any way detrimental to other Account Holders.
(b) In addition, conduct that would be deemed improper also includes, but is not limited to:
i. Falsifying personal information required to enter a Competition or claim a GSC Ticket(s);
ii. Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Competition or claim a GSC Ticket(s);
iii. Any violation of Competition rules or the Terms of Service;
iv. Using automated means (including but not limited to scripts, macros, and any other third-party tools whereby the account holder is not directly in control of the subsequent action(s)) to interact with the Platform in any way (this includes, but is not limited to: proceeding past the login screen of any Platform App, participating in a competition in any capacity – whether as a guest or verified GreenStreak Account Holder, viewing any aspects of a competition – be it the tutorial screen, main menu, or any other screens, and/or, viewing any aspects of the Platform or its Apps that require verified GreenStreak login credentials or guest access);
v. Using automated means (including but not limited to harvesting bots, robots, parsers, spiders, or screen scrapers) to obtain, collect or access any information on the Platform or of any account holder for any purpose;
vi. Any type of bonus abuse, abuse of any current or future ‘refer-a-friend’ programs, or abuse of any other offers or promotions put forth by the Platform;
vii. Tampering with the administration of a Competition or trying to in any way tamper with the computer programs or any security measure associated with a Competition;
viii. Obtaining other account holders’ information and spamming other account holders; or
ix. Abusing, or engaging unethically with, the Platform in any way.
(c) Account holders further acknowledge that the forfeiture and/or return of any GSC Ticket(s) shall in no way prevent GreenStreak from pursuing criminal or civil proceedings in connection with such conduct.
(d) By entering into a Competition or accepting any GSC Ticket(s), account holders, including but not limited to the winner(s), agree to indemnify, release and to hold harmless GreenStreak, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Competition, the receipt, ownership, use or misuse of any GSC Ticket(s) or while preparing for, participating in and/or traveling to or from any reservation related activity that requires the use of GSC Ticket(s), such as the collection of a Prize Case reservation from a brick-and-mortar partner, as well as any claims based on publicity rights, defamation, or invasion of privacy. GreenStreak may, at its sole and absolute discretion, require an Account Holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any GSC Ticket(s).
(e) GreenStreak is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to hardware, software and operating systems that do not permit an account holder to participate in a Competition), including without limitation any injury or damage to any account holder's or any other person's computer or video equipment relating to or resulting from participation in a Competition; inability to access the Platform, or any web pages that are part of or related to the Platform; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.(f) GreenStreak is not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason a Competition is not capable of running as originally planned, or if a Competition, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Competition in accordance with the Terms of Service or applicable Competition rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by account holders, fraud, technical failures, or any other causes of any kind, in the sole opinion of GreenStreak corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Competition, the Company reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Competition, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, a notification will be posted on the Platform.
(g) ANY ATTEMPT BY AN ACCOUNT HOLDER OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF ANY COMPETITION IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, GREENSTREAK RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
(h) All entries become the property of GreenStreak and will not be acknowledged or returned.
(i) To be eligible to enter any Competition or receive any GSC Ticket(s), the Account Holder may be required to provide GreenStreak with additional documentation and/or information to verify the identity of the Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Account Holder, GreenStreak will, at its sole and absolute discretion, utilize certain information collected by GreenStreak to assist in verifying the identity and/or eligibility of such Account Holder.
(j) Participation in each Competition must be made only as specified in the Terms of Service. Failure to comply with these Terms of Service will result in disqualification and, if applicable, the forfeiture of GSC Token(s) and/or GSC Ticket(s).
(k) Where legal, and if approved by the account holder, competition winners consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or promotion of any Competition or the Platform (in exchange for various Platform rewards, including but not limited to, gratis competition entry fees, exclusive Account Holder Partner discounts and rebates, merchandise, and more). Winners agree that from the date of notification by GreenStreak of their status as a potential winner and, continuing until such time when GreenStreak informs them that they no longer need to do so, the account holder’s prize reservation ‘journey’ will be publicized on Company social media and websites.
8. Prize Cases
(a) Prize cases will contain prizes made available at and online by participating stores found on the Platform.
(b) Account holders are limited to five (5) individual prizes per reservation. Any attempts to reserve more than five (5) prizes at a time will be denied.
9. Redeeming GSC Tickets
(a) GSC Tickets will be made available for redemption purposes only. GSC Tickets are redeemable only at a participating store’s prize case (in either digital or physical brick-and-mortar form), as listed within the App, that offers reservable prizes. All GSC Ticket redemptions take place through the App. Upon an account holders’ redemption of GSC Tickets, in exchange for one or more of the prizes listed within the App, a reservation receipt and number is generated for the account holder. Said number is used to track the account holder’s prizes and may be required to be presented to staff at a partner store when visiting a brick-and-mortar prize case.
(b) If applicable, all taxes associated with the collection of Prize Case reservations are the sole responsibility of the Account holder. In the event that the awarding of any GSC Ticket(s) originating from a Competition’s prize pool payout to winners of said Competition is challenged by any legal authority, GreenStreak reserves the right, at its sole discretion, to determine whether or not to award such GSC Ticket(s).
(c) No substitution or transfer of GSC Ticket(s) is permitted. All GSC Ticket(s) are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).
10. Exchanging GSC Token(s) for GSC Ticket(s)
(a) GSC Token(s) may also be exchanged for GSC Ticket(s) within the App. The exchange rate for GSC Token(s) to GSC Ticket(s) is determined by the Company at its sole discretion.
VI. Privacy
1. Privacy
(a) The data controller for all personally identifiable information or personal data that we collect about you through or in relation to our Competitions or other Services is Amazon Web Services (AWS).
(b) GreenStreak collects, processes, uses and shares your personal information in accordance with our Privacy Policy and as set out in these Terms. If you do not agree to our Privacy Policy you should not download or access our Apps or otherwise access and/or use our Services.
(c) Account holder data collected and transmitted to controller (AWS):
i. Email address;
ii. Username;
iii. Date of birth;
iv. Address (under certain circumstances);
v. Password.
(d) Account holders that would like to have their data deleted should submit a request to: support@gstreak.co detailing what information they would like purged from the GreenStreak platform, as well as applicable forms of identification (including but not limited to: driver’s license, government issued identification cards, or other methods whereby the identity of the account holder can be authenticated).
VII. Intellectual Property
1. Intellectual Property of GreenStreak
(a) The content on the Platform, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and so forth, as well as the trademarks, copyright, service marks and logos contained therein (the "Intellectual Property"), are owned by, or licensed to GreenStreak, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Platform is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. GreenStreak reserves all rights not expressly granted in and to the Platform and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Platform or the Intellectual Property therein.
(b) Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "Account Holder Submissions") to or through the Services. When you provide Account Holder Submissions, you grant to GreenStreak, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those Account Holder Submissions, and your name, voice, likeness and other identifying information where part of an Account Holder Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your Account Holder Submissions.
(c) In addition, you agree that any Account Holder Submissions you submit shall not contain any material that is, in the sole and absolute discretion of GreenStreak, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, "Prohibited Content"). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to GreenStreak, may result in account suspension or termination.
(d) We may refuse or remove an Account Holder Submission without notice to you. However, we have no obligation to monitor Account Holder Submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for Account Holder Submissions or any loss or damage resulting from Account Holder Submissions.
(e) Except as provided in the Privacy Policy, we do not guarantee that Account holder Submissions will be private, even if the Account Holder Submission is in a password-protected area. Accordingly, you should not provide Account Holder Submissions that you want protected from others.
(f) You represent and warrant that you have all rights necessary to grant to GreenStreak the license above and that none of your Account holder Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
VIII. Termination of Account holder Rights and Effect of Termination
(a) In addition to any other legal or equitable remedy, GreenStreak may, without prior notice, immediately revoke any or all of your rights granted herein these Terms of Service. In such event, you will immediately cease all access to and use of the GreenStreak Platform. GreenStreak may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Platform. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of the Terms of Service, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
IX. Rights and Choices
1. Accounts
(a) When using our Services, you may choose to, and in some instances you will be required to, create an account with us. If you do create an account with us, you agree that you shall take all steps necessary to protect your login details and keep them secret.
(b) You agree that you shall not give your login details to anyone else or allow anyone else to use your login details or account.
(c) In these terms, references to “login details” or “account” include your login details and account for any social network or platform that you may allow our Services to interact with.
(d) We will be entitled to assume that anyone logging into your account using your login details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
(e) We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
(f) We reserve the right to delete your account if no activity is conducted by you in relation to the account for 365 or more days. In such an event, you may no longer be able to access and/or use any GSC Token(s) or GSC Ticket(s) associated with that account and no refund will be offered to you in relation to the same.
(g) You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through our Competitions and/or the level or score you have reached in our Competitions and any GSC Token(s) or GSC Ticket(s) associated with your account).
(h) YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
(i) Your account is personal to you and you are not entitled to transfer your account to any other person.
2. Account Holder Conduct and Content
(a) You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
(b) You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times.
(c) Information, data, software, sound, photographs, graphics, video, messages, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another account holder (“Content”). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
(d) You agree not to upload, communicate, transmit or otherwise make available any Content or otherwise use the Services in any way:
i. that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;
ii. that is or could reasonably be viewed as invasive of another's privacy or violate any privacy rights;
iii. that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
iv. which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
v. which infringes any intellectual property right or other proprietary right of others;
vi. which consists of any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or
vii. which 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.
(e) You agree that you will not:
i. use our Services to harm anyone or to cause offence to or harass any person;
ii. create more than one account per person to access our Services;
iii. use another person or entity’s email address in order to sign up to use our Services;
iv. use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
v. disguise, anonymize or hide your IP address or the source of any Content that you may upload;
vi. use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
vii. remove or amend any proprietary notices or other ownership information from our Apps or any other part of our Services;
viii. interfere with or disrupt our Services or servers or networks that provide our Services;
ix. attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
x. 'harvest', 'scrape' or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags', cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms);
xi. sell, transfer, or try to sell or transfer an account with us or any part of an account, such as GSC Token(s) and/or GSC Ticket(s);
xii. disrupt the normal flow of an App or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our Apps or engaging in real time exchanges;
xiii. disobey any requirements or regulations of any network connected to our Services;
xiv. use our Services in violation of any applicable law or regulation;
xv. use our Services to cheat or design or assist in cheating (for example, by using automated means or third-party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or
xvi. use our Services in any other way not permitted by these terms.
(f) If you are concerned that someone else is not complying with any part of these terms, please contact us here: info@gstreak.co, with the subject line: ToS Violation.
(g) We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity, or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
(h) We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaking to do so.
(i) You are solely responsible for your interactions with other account holders of our Services. You agree that you shall not hold GreenStreak liable for any loss or damage arising from the Content (yours or another account holder's) including without limitation in respect of any defamation, harassment, or false endorsement claims.
X. Refund Policy
(a) Payments submitted via the respective application store portals (in-app purchase, Apple Pay, Google Play, and so forth) on our Platform in exchange for GSC Token(s) will appear on your statement as GSTREAK. All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting a payment, the payment will be deemed submitted by the person in whose name the account was registered.
XI. Breach
(a) Without limiting any other remedies or any other paragraph of these terms, if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:
i. delete, suspend and/or modify your account or parts of your account;
ii. otherwise suspend and/or terminate your access to our Services;
iii. modify and/or remove any GSC Token(s) or GSC Ticket(s) that may be associated with your account;
iv. reset and/or modify any Competition progression or benefits and privileges associated with your account, such as any level or score you have reached in our Competitions.
(b) Any breaches are likely to be considered material breaches.
(c) You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you, or by any individual you have allowed to operate your account.
XII. Severability
(a) If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with applicable law, then that part shall be deemed deleted from these terms without affecting the remaining provisions of these terms.
XIII. Waivers of our Rights
(a) Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
XIV. Limitation of Liability
1. Limitation of Liability
(a) YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:
i. THE PLATFORM, THE CONTENT, OR YOUR UPLOAD INFORMATION;
ii. THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE PLATFORM;
iii. ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PLATFORM OR CONTENT;
iv. ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR,
v. ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE).
(b) IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
(c) SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY EXCEED THE ACTUAL PRICE PAID BY ACCOUNT HOLDER (IF ANY) FOR THE LICENSE TO USE TOKENS OR ANY OTHER PART OF OUR COMPETITIONS OR SERVICES.
(d) THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY ACCOUNT HOLDER'S PROPERTY, COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEBSITE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
(e) BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, ILLIOIS CODE OF CIVIL PROCEDURE 2301, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
2. Disclaimer of Warranties
(a) THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE PLATFORM, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT:
i. THE PLATFORM;
ii. THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE PLATFORM;
iii. THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE PLATFORM;
iv. THE MESSAGES AND INFORMATION SENT FROM THE PLATFORM BY ACCOUNT HOLDERS;
v. ANY PRODUCTS OR SERVICES OFFERED VIA THE PLATFORM OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR;
vi. SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PLATFORM OR ANY LINKED SITE.
(b) THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE PLATFORM’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(c) THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE PLATFORM, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PLATFORM OR THE CONTENT. FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
(d) THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE PLATFORM INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
XV. Consent to Jurisdiction – Specific Provisions
1. Exclusive Jurisdiction
(a) The exclusive jurisdiction and venue for proceedings involving any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Platform (including all commercial transactions conducted through the Platform) ("Claims") shall be the courts of competent jurisdiction sitting within Los Angeles County, California (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; additionally, you and GreenStreak waive any and all rights to trial by jury with respect to any Claims.
(b) In the event that either party initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this Agreement and the Forum to which the parties have herein agreed.
2. Initial Dispute Resolution:
(a) If you have any concerns or queries regarding our Services, our customer support team can be reached through our GreenStreak email address: info@gstreak.co. Most concerns are quickly resolved in this manner to our customers' satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
3. Binding Arbitration and Class Action Waiver
(a) The BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to all Disputes between you and GreenStreak’s parents, subsidiaries and Affiliates relating to the Competitions and Services. This paragraph applies to any Dispute between you and any GreenStreak Affiliate(s), each of which is an intended third-party beneficiary. For the purposes of this paragraph, “Affiliate” shall mean any entity controlling, controlled by or under common control with GreenStreak, where ‘control’ means the direct or indirect ownership of more than fifty percent (50%) of such entity’s capital or equivalent voting rights and “Dispute” shall include any dispute, claim, controversy or action between you and GreenStreak (or any GreenStreak’s Affiliates) arising out of or relating to this agreement, the Services, or any other transaction involving you and GreenStreak, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis.
(b) Binding Arbitration: If the parties do not reach an agreed upon solution within a period of 90 days from the time informal dispute resolution is pursued, then You and GreenStreak agree that all Disputes shall be resolved by binding arbitration according to this agreement. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED.
(c) Class Action Waiver: The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PRIVACY POLICY ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(d) Exception - Litigation of Intellectual Property and Small Claims Court claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Services under these terms. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
(e) 30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the "Binding Arbitration," "Exclusive Jurisdiction," and "Class Action Waiver" paragraphs above by sending written notice of your decision to opt-out to the following address: GreenStreak, Corp. 848 N. Rainbow Blvd, Unit #8043 Las Vegas, Nevada 89107, Attn: Mark Benya. The notice must be sent within 30 days of the earlier of your first download of the applicable App or commencing use of our Services (or if no purchase was made, then within 30 days of the earliest of the date on which you first download the applicable App or access or commence use the applicable Service); otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.
XVI. Miscellaneous
(a) Nothing in the Terms of Service shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and GreenStreak.
(b) Third-party online publishers that refer account holders to the GreenStreak website shall not be responsible or liable for the GreenStreak Platform or any of the content, software, or functions made available on, or accessed through, or sent from, the GreenStreak Platform.
(c) If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
(d) No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and GreenStreak’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
(e) GreenStreak reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. If you continue to use the Services after we change the Terms of Service, you accept all changes. The failure of GreenStreak to comply with any provision of these Terms of Service due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Company (except in compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms of Service.
(f) GREENSTREAK AND OTHER TRADEMARKS CONTAINED ON THE WEBSITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF GREENSTREAK IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE PLATFORM.
XVII. Contacting GreenStreak
(a) Email us at: info@gstreak.co.
TERMS OF SERVICE (V.2.0)
*IMPORTANT LEGAL NOTICE REGARDING TERMS OF SERVICE OF GREENSTREAK*
Important! Please carefully read these terms of service and corresponding privacy policy before joining GreenStreak, Corp.’s gstreak platform as they affect your legal rights and obligations.
I. Definitions
(a) In these terms references to "GreenStreak," “gstreak,” "we," "us," and "our" are references to GreenStreak, Corporation.
(b) The mobile applications (regardless of if accessed via the iOS App, Google Play, Windows App, or any other applicable Store) are referred to as the “Apps.”
(c) GreenStreak’s website(s), Apps and related services, information and communications are collectively referred to as the “GreenStreak Platform,” or “Platform.”
(d) We call an account holder on the GreenStreak Platform “Account Holder,” “Account Holders,” “you,” “your,” or “Client” as appropriate
(e) “Terms of Service”, or “Terms” refers to our Terms of Service, which can be found here. The Privacy Policy is incorporated into, and considered a part of, the Terms of Service.
(f) “Rules,” or “Rules and scoring” together with the Terms of Service and Privacy Policy are herein referred to as the “Agreements”
(g) “Website” refers to our website www.gstreak.co
II. Account Holder Agreement
1. Account Holder Agreement
(a) These terms apply to your download, access and/or use of GreenStreak Apps, whether on your computer, on a mobile device, on our website or any other website, device, or platform. These terms also apply to any other services that we may provide in relation to the Apps or the Platform, such as customer support, social media, community channels and other digital real estate that we may operate in the future. These terms are a legal agreement and contain important information about your rights and obligations in relation to our Services.
(b) GreenStreak owns and operates the GreenStreak Platform that adheres to these Terms of Service. We are pleased to offer you access to our Platform and the ability to participate in our arcade-style competitions of skill, other content, products, services, and promotions (collectively the "Services") that we may provide from our Platform, are subject to these Terms of Service and the Official Rules and Regulations for the applicable competitions and promotions.
(c) By using the GreenStreak Platform, you confirm that you have read and understand these Terms of Service, and our Privacy Policy. The Agreements govern the use of the GreenStreak Platform. GreenStreak, will collect, use, and maintain information consistent with the Agreements.
(d) You agree to these Terms of Service by accessing or using the Platform, registering for Services offered on the Platform, or by accepting, uploading, submitting or downloading any information or content from or to the Platform. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE, INCLUDING ANY UPDATED VERSION OF THEM, YOU MUST NOT ACCESS AND/OR USE, AND MUST CEASE ALL ACCESS AND/OR USE OF ANY OF OUR SERVICES. Should any future update to these Terms require any action from you in order to accept the updated Terms, then you may not be able to continue to use the Services until you have taken such action.
(e) These Terms of Service constitute a legal agreement between you and GreenStreak and shall apply to your use of the Platform and the Services in perpetuity.
III. Mobile Application
(a) These Terms of Service shall also apply to the use of the GreenStreak Mobile Application. These Terms of Service are intended to be in addition to the End Account holder License Agreement (found here: https://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/) for the Mobile Application, and to the extent any of these Terms of Service conflict with the End Account holder License Agreement, these Terms of Service shall be deemed to apply and the conflicting provision in the End Account holder License Agreement shall not be applicable. Any reference to the Platform in these Terms of Service shall also be deemed to include the Mobile Application.
IV. General Terms
1. About Accessing and Using our Services
(a) These terms are made available via the Apple app store or any other source that allows you to download our Apps, and from, or on, any website or platform where you can play our Apps.
(b) You can access the latest version of these terms at any time via the App or at gstreak.co/tos.
(c) You are responsible for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be before you access and/or use our Services.
(d) We reserve the right to make changes and/or update these Terms at any time by posting the updated version to the Platform. We may do so for a number of reasons including without limitation because we change the nature of our Services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using our Services.
(e) There may be times when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
2. Restrictions / Eligibility
(a) You must be at least twenty-one (21) or eighteen (18) years of age (contingent on country of residence) to create an account, participate in competitions, or redeem prizes offered by the Platform.
(b) You may establish only one account per person to participate in the Services offered on the Platform. In the event GreenStreak discovers that you have opened more than one account per person, in addition to any other rights that GreenStreak may have, GreenStreak reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any Tokens and/or Tickets.
(c) You are responsible for maintaining the confidentiality of your login credentials (i.e., username and password), and you accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms of Service to allow any other person to use your account to participate in any competition. If you have reason to believe that someone is using your account without your permission, you should contact us immediately (support@gstreak.co). We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes.
(d) "Authorized Account Holder" is defined as the natural person 21 or 18 years of age (contingent on their country of residence) or older who is assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration on the Platform. By inputting a payment method, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s) on the Platform. It shall be a violation of these Terms of Service for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.
3. Availability of Services
(a) We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time. We may change and update our Services without notice to you. We make no warranty or representation regarding the availability of our Services and reserve the right to modify or discontinue the Services at our sole discretion without notice, including but not limited to, for example, ceasing an App or other Service for economic reasons due to a limited number of account holders continuing to make use of that App or other Service over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve account holder experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.
4. Transferring these Terms
(a) We may wish to transfer all or a part of our rights or responsibilities under these Terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you.
(b) You may not transfer any of the rights we give you under these terms unless we first agree to said transfer in writing.
5. Questions about these Terms
(a) If you have any questions about these Terms or our Services you may contact us by email at info@gstreak.co.
V. App Competitions
1. Competitions of Skill
(a) Competitions offered through an App of a gamification nature on the Platform are competitions of skill. Winners are determined by the objective criteria described in the Competition tutorial, and any other applicable documentation associated with the Competition. From all entries received for each Competition, as indicated by an account holder completing the entry fee buy-in requirements, winners are determined by the account holders who use their skill to accumulate the most score, within an allotted Competition duration timeframe, according to the corresponding scoring rules.
2. Instructions, Game Rules, & Scoring
(a) The specific Competition instructions, gameplay mechanic rules, scoring rules, controls and guidelines for each Competition can be found within the Competition itself. Such instructions, gameplay mechanic rules, scoring rules, controls and guidelines form part of these Terms and you agree that you shall comply with them in respect of each individual Competition which you choose to access and/or play.
3. GreenStreak, Corp. Tokens and Tickets
(a) Our Competitions make use of digital currencies such as GreenStreak, Corp. Tokens (“GSC Tokens") and GreenStreak, Corp. (“GSC Tickets”). You agree that once acquired, GSC Tokens and GSC Tickets have no monetary value and can never be exchanged for real money, real goods, or real services from us or anyone else. You agree that GSC Tokens and GSC Tickets are not transferrable to anyone else and you will not transfer or attempt to transfer any GSC Tokens or GSC Tickets to anyone else.
(b) You do not own GSC Tokens or GSC Tickets, but instead, you purchase a limited personal revocable license to use them - any balance of GSC Tokens and/or GSC Tickets does not reflect any stored value.
(c) You agree that all sales by us to you of GSC Tokens are final and that we will not refund any transaction once it has been made. For the purposes of this paragraph, a "purchase" is complete at the time our servers validate your purchase and the applicable GSC Tokens are successfully credited to your account’s in-application ‘Wallet’ on our servers.
4. Competition Entry
(a) Account holders will be able to visit the Platform and view the Competitions available for entry (the "Competitions"). Each individual Competition has an entry fee listed in GSC Tokens. When you select to participate in a Competition and complete the entry process, the listed quantity of GSC Tokens will be debited from your GreenStreak account’s in-application ‘Wallet’.
(b) Account holders will not be permitted entry into Competitions thirty (30) minutes prior to the completion of said competition’s duration deadline. In order words, if the competition’s respective duration is to conclude in twenty-four (24) hours, account holders will be barred from entering the competition after twenty-three (23) hours and thirty (30) minutes of competition duration have elapsed.
5. Competition Results
(a) Competition results and GSC Ticket payout calculations are based on the final statistics and scoring results from each individual App game’s scoring algorithms played or participated in by the Account Holder as part of a respective competition. E.g., Competition 1, 2, and 3, are hosted via App Game 1. Scores and payouts associated with Competitions 1, 2, and 3 will adhere to the gameplay mechanics and scoring algorithms pertaining to App Game 1. The scoring results of a Competition will not be changed, except at GreenStreak’s sole discretion.
(b) Competition prize pool payout winners are listed within the Platform’s respective competition leaderboard.
6. Competition Prize Pool Payouts
(a) Prize pools payouts associated with each competition are paid out in GSC Tickets and will only be awarded if a Competition concludes successfully. To be concluded successfully a competition must have at least two unique account holders submit entry fees and scores for said competition, and the competition’s duration timer (i.e., 24 hours, 7 days, 1 week, etc.) must run its course in its entirety. We reserve the right to cancel Competitions at any time. In the event of a cancellation, all GSC Tokens used for Competition entry fees will be refunded to the Account Holder, except as specifically provided in these Terms of Service.
7. Conditions of Participation
(a) By entering a Competition, Account Holders agree to be bound by these Rules and the decisions of GreenStreak, which shall be final and binding in all respects. GreenStreak, at its sole discretion, may disqualify any Account Holder from a Competition, refuse to refund, or award GSC Tokens or GSC Tickets and require the return of any GSC Token(s) or GSC Tickets(s), if the Account Holder engages in conduct or otherwise utilizes any information the Company deems to be improper, unfair or otherwise adverse to the operation of the Competition or is in any way detrimental to other Account Holders.
(b) In addition, conduct that would be deemed improper also includes, but is not limited to:
i. Falsifying personal information required to enter a Competition or claim a GSC Ticket(s);
ii. Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Competition or claim a GSC Ticket(s);
iii. Any violation of Competition rules or the Terms of Service;
iv. Using automated means (including but not limited to scripts, macros, and any other third-party tools whereby the account holder is not directly in control of the subsequent action(s)) to interact with the Platform in any way (this includes, but is not limited to: proceeding past the login screen of any Platform App, participating in a competition in any capacity – whether as a guest or verified GreenStreak Account Holder, viewing any aspects of a competition – be it the tutorial screen, main menu, or any other screens, and/or, viewing any aspects of the Platform or its Apps that require verified GreenStreak login credentials or guest access);
v. Using automated means (including but not limited to harvesting bots, robots, parsers, spiders, or screen scrapers) to obtain, collect or access any information on the Platform or of any account holder for any purpose;
vi. Any type of bonus abuse, abuse of any current or future ‘refer-a-friend’ programs, or abuse of any other offers or promotions put forth by the Platform;
vii. Tampering with the administration of a Competition or trying to in any way tamper with the computer programs or any security measure associated with a Competition;
viii. Obtaining other account holders’ information and spamming other account holders; or
ix. Abusing, or engaging unethically with, the Platform in any way.
(c) Account holders further acknowledge that the forfeiture and/or return of any GSC Ticket(s) shall in no way prevent GreenStreak from pursuing criminal or civil proceedings in connection with such conduct.
(d) By entering into a Competition or accepting any GSC Ticket(s), account holders, including but not limited to the winner(s), agree to indemnify, release and to hold harmless GreenStreak, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Competition, the receipt, ownership, use or misuse of any GSC Ticket(s) or while preparing for, participating in and/or traveling to or from any reservation related activity that requires the use of GSC Ticket(s), such as the collection of a Prize Case reservation from a brick-and-mortar partner, as well as any claims based on publicity rights, defamation, or invasion of privacy. GreenStreak may, at its sole and absolute discretion, require an Account Holder to execute a separate release of claims similar to the one listed above in this Paragraph as a condition of being awarded any GSC Ticket(s).
(e) GreenStreak is not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to hardware, software and operating systems that do not permit an account holder to participate in a Competition), including without limitation any injury or damage to any account holder's or any other person's computer or video equipment relating to or resulting from participation in a Competition; inability to access the Platform, or any web pages that are part of or related to the Platform; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.(f) GreenStreak is not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason a Competition is not capable of running as originally planned, or if a Competition, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a Competition in accordance with the Terms of Service or applicable Competition rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by account holders, fraud, technical failures, or any other causes of any kind, in the sole opinion of GreenStreak corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Competition, the Company reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Competition, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, a notification will be posted on the Platform.
(g) ANY ATTEMPT BY AN ACCOUNT HOLDER OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF ANY COMPETITION IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, GREENSTREAK RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
(h) All entries become the property of GreenStreak and will not be acknowledged or returned.
(i) To be eligible to enter any Competition or receive any GSC Ticket(s), the Account Holder may be required to provide GreenStreak with additional documentation and/or information to verify the identity of the Account Holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an Account Holder, GreenStreak will, at its sole and absolute discretion, utilize certain information collected by GreenStreak to assist in verifying the identity and/or eligibility of such Account Holder.
(j) Participation in each Competition must be made only as specified in the Terms of Service. Failure to comply with these Terms of Service will result in disqualification and, if applicable, the forfeiture of GSC Token(s) and/or GSC Ticket(s).
(k) Where legal, and if approved by the account holder, competition winners consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or promotion of any Competition or the Platform (in exchange for various Platform rewards, including but not limited to, gratis competition entry fees, exclusive Account Holder Partner discounts and rebates, merchandise, and more). Winners agree that from the date of notification by GreenStreak of their status as a potential winner and, continuing until such time when GreenStreak informs them that they no longer need to do so, the account holder’s prize reservation ‘journey’ will be publicized on Company social media and websites.
8. Prize Cases
(a) Prize cases will contain prizes made available at and online by participating stores found on the Platform.
(b) Account holders are limited to five (5) individual prizes per reservation. Any attempts to reserve more than five (5) prizes at a time will be denied.
9. Redeeming GSC Tickets
(a) GSC Tickets will be made available for redemption purposes only. GSC Tickets are redeemable only at a participating store’s prize case (in either digital or physical brick-and-mortar form), as listed within the App, that offers reservable prizes. All GSC Ticket redemptions take place through the App. Upon an account holders’ redemption of GSC Tickets, in exchange for one or more of the prizes listed within the App, a reservation receipt and number is generated for the account holder. Said number is used to track the account holder’s prizes and may be required to be presented to staff at a partner store when visiting a brick-and-mortar prize case.
(b) If applicable, all taxes associated with the collection of Prize Case reservations are the sole responsibility of the Account holder. In the event that the awarding of any GSC Ticket(s) originating from a Competition’s prize pool payout to winners of said Competition is challenged by any legal authority, GreenStreak reserves the right, at its sole discretion, to determine whether or not to award such GSC Ticket(s).
(c) No substitution or transfer of GSC Ticket(s) is permitted. All GSC Ticket(s) are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability for a particular purpose).
10. Exchanging GSC Token(s) for GSC Ticket(s)
(a) GSC Token(s) may also be exchanged for GSC Ticket(s) within the App. The exchange rate for GSC Token(s) to GSC Ticket(s) is determined by the Company at its sole discretion.
VI. Privacy
1. Privacy
(a) The data controller for all personally identifiable information or personal data that we collect about you through or in relation to our Competitions or other Services is Amazon Web Services (AWS).
(b) GreenStreak collects, processes, uses and shares your personal information in accordance with our Privacy Policy and as set out in these Terms. If you do not agree to our Privacy Policy you should not download or access our Apps or otherwise access and/or use our Services.
(c) Account holder data collected and transmitted to controller (AWS):
i. Email address;
ii. Username;
iii. Date of birth;
iv. Address (under certain circumstances);
v. Password.
(d) Account holders that would like to have their data deleted should submit a request to: support@gstreak.co detailing what information they would like purged from the GreenStreak platform, as well as applicable forms of identification (including but not limited to: driver’s license, government issued identification cards, or other methods whereby the identity of the account holder can be authenticated).
VII. Intellectual Property
1. Intellectual Property of GreenStreak
(a) The content on the Platform, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and so forth, as well as the trademarks, copyright, service marks and logos contained therein (the "Intellectual Property"), are owned by, or licensed to GreenStreak, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Platform is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. GreenStreak reserves all rights not expressly granted in and to the Platform and the Intellectual Property. You agree to not engage in the use, copying, or distribution of any of the Intellectual Property other than expressly permitted herein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Platform or the Intellectual Property therein.
(b) Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, "Account Holder Submissions") to or through the Services. When you provide Account Holder Submissions, you grant to GreenStreak, its parents, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicensable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those Account Holder Submissions, and your name, voice, likeness and other identifying information where part of an Account Holder Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your Account Holder Submissions.
(c) In addition, you agree that any Account Holder Submissions you submit shall not contain any material that is, in the sole and absolute discretion of GreenStreak, inappropriate, obscene, vulgar, unlawful, or otherwise objectionable (hereinafter, "Prohibited Content"). Posting of any Prohibited Content, in addition to any and all other rights and remedies available to GreenStreak, may result in account suspension or termination.
(d) We may refuse or remove an Account Holder Submission without notice to you. However, we have no obligation to monitor Account Holder Submissions, and you agree that neither we nor our parents, subsidiaries, affiliates, employees, or agents will be liable for Account Holder Submissions or any loss or damage resulting from Account Holder Submissions.
(e) Except as provided in the Privacy Policy, we do not guarantee that Account holder Submissions will be private, even if the Account Holder Submission is in a password-protected area. Accordingly, you should not provide Account Holder Submissions that you want protected from others.
(f) You represent and warrant that you have all rights necessary to grant to GreenStreak the license above and that none of your Account holder Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
VIII. Termination of Account holder Rights and Effect of Termination
(a) In addition to any other legal or equitable remedy, GreenStreak may, without prior notice, immediately revoke any or all of your rights granted herein these Terms of Service. In such event, you will immediately cease all access to and use of the GreenStreak Platform. GreenStreak may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Platform. Any such action shall not affect any rights and obligations arising prior thereto. All provisions of the Terms of Service, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
IX. Rights and Choices
1. Accounts
(a) When using our Services, you may choose to, and in some instances you will be required to, create an account with us. If you do create an account with us, you agree that you shall take all steps necessary to protect your login details and keep them secret.
(b) You agree that you shall not give your login details to anyone else or allow anyone else to use your login details or account.
(c) In these terms, references to “login details” or “account” include your login details and account for any social network or platform that you may allow our Services to interact with.
(d) We will be entitled to assume that anyone logging into your account using your login details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
(e) We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.
(f) We reserve the right to delete your account if no activity is conducted by you in relation to the account for 365 or more days. In such an event, you may no longer be able to access and/or use any GSC Token(s) or GSC Ticket(s) associated with that account and no refund will be offered to you in relation to the same.
(g) You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through our Competitions and/or the level or score you have reached in our Competitions and any GSC Token(s) or GSC Ticket(s) associated with your account).
(h) YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
(i) Your account is personal to you and you are not entitled to transfer your account to any other person.
2. Account Holder Conduct and Content
(a) You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
(b) You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times.
(c) Information, data, software, sound, photographs, graphics, video, messages, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another account holder (“Content”). You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
(d) You agree not to upload, communicate, transmit or otherwise make available any Content or otherwise use the Services in any way:
i. that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;
ii. that is or could reasonably be viewed as invasive of another's privacy or violate any privacy rights;
iii. that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
iv. which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
v. which infringes any intellectual property right or other proprietary right of others;
vi. which consists of any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or
vii. which 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.
(e) You agree that you will not:
i. use our Services to harm anyone or to cause offence to or harass any person;
ii. create more than one account per person to access our Services;
iii. use another person or entity’s email address in order to sign up to use our Services;
iv. use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
v. disguise, anonymize or hide your IP address or the source of any Content that you may upload;
vi. use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
vii. remove or amend any proprietary notices or other ownership information from our Apps or any other part of our Services;
viii. interfere with or disrupt our Services or servers or networks that provide our Services;
ix. attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
x. 'harvest', 'scrape' or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags', cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms);
xi. sell, transfer, or try to sell or transfer an account with us or any part of an account, such as GSC Token(s) and/or GSC Ticket(s);
xii. disrupt the normal flow of an App or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when playing our Apps or engaging in real time exchanges;
xiii. disobey any requirements or regulations of any network connected to our Services;
xiv. use our Services in violation of any applicable law or regulation;
xv. use our Services to cheat or design or assist in cheating (for example, by using automated means or third-party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or
xvi. use our Services in any other way not permitted by these terms.
(f) If you are concerned that someone else is not complying with any part of these terms, please contact us here: info@gstreak.co, with the subject line: ToS Violation.
(g) We do not control Content posted on our Services by other people and therefore we do not guarantee the accuracy, integrity, or quality of that Content. You understand that when using our Services, you may be exposed to Content that you may consider offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Services.
(h) We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaking to do so.
(i) You are solely responsible for your interactions with other account holders of our Services. You agree that you shall not hold GreenStreak liable for any loss or damage arising from the Content (yours or another account holder's) including without limitation in respect of any defamation, harassment, or false endorsement claims.
X. Refund Policy
(a) Payments submitted via the respective application store portals (in-app purchase, Apple Pay, Google Play, and so forth) on our Platform in exchange for GSC Token(s) will appear on your statement as GSTREAK. All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting a payment, the payment will be deemed submitted by the person in whose name the account was registered.
XI. Breach
(a) Without limiting any other remedies or any other paragraph of these terms, if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:
i. delete, suspend and/or modify your account or parts of your account;
ii. otherwise suspend and/or terminate your access to our Services;
iii. modify and/or remove any GSC Token(s) or GSC Ticket(s) that may be associated with your account;
iv. reset and/or modify any Competition progression or benefits and privileges associated with your account, such as any level or score you have reached in our Competitions.
(b) Any breaches are likely to be considered material breaches.
(c) You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you, or by any individual you have allowed to operate your account.
XII. Severability
(a) If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with applicable law, then that part shall be deemed deleted from these terms without affecting the remaining provisions of these terms.
XIII. Waivers of our Rights
(a) Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
XIV. Limitation of Liability
1. Limitation of Liability
(a) YOU UNDERSTAND AND AGREE THAT THE COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "COMPANY ENTITIES AND INDIVIDUALS"), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:
i. THE PLATFORM, THE CONTENT, OR YOUR UPLOAD INFORMATION;
ii. THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE PLATFORM;
iii. ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PLATFORM OR CONTENT;
iv. ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR,
v. ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE).
(b) IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
(c) SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY EXCEED THE ACTUAL PRICE PAID BY ACCOUNT HOLDER (IF ANY) FOR THE LICENSE TO USE TOKENS OR ANY OTHER PART OF OUR COMPETITIONS OR SERVICES.
(d) THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY ACCOUNT HOLDER'S PROPERTY, COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITE OR THE CONTENT. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE OR OTHER PROPERTY OWNED OR CONTROLLED BY THE COMPANY AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR UPLOAD INFORMATION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY COMPANY WEBSITE OR OTHER PROPERTY OR YOUR UPLOAD INFORMATION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
(e) BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, ILLIOIS CODE OF CIVIL PROCEDURE 2301, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
2. Disclaimer of Warranties
(a) THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE PLATFORM, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT:
i. THE PLATFORM;
ii. THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE PLATFORM;
iii. THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE PLATFORM;
iv. THE MESSAGES AND INFORMATION SENT FROM THE PLATFORM BY ACCOUNT HOLDERS;
v. ANY PRODUCTS OR SERVICES OFFERED VIA THE PLATFORM OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR;
vi. SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PLATFORM OR ANY LINKED SITE.
(b) THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ANY OF THE PLATFORM’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(c) THE COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE PLATFORM, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PLATFORM OR THE CONTENT. FURTHER, THE COMPANY AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
(d) THE COMPANY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES OF EACH OF THEM, SHALL NOT BE LIABLE FOR THE USE OF THE PLATFORM INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
XV. Consent to Jurisdiction – Specific Provisions
1. Exclusive Jurisdiction
(a) The exclusive jurisdiction and venue for proceedings involving any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Platform (including all commercial transactions conducted through the Platform) ("Claims") shall be the courts of competent jurisdiction sitting within Los Angeles County, California (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; additionally, you and GreenStreak waive any and all rights to trial by jury with respect to any Claims.
(b) In the event that either party initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this Agreement and the Forum to which the parties have herein agreed.
2. Initial Dispute Resolution:
(a) If you have any concerns or queries regarding our Services, our customer support team can be reached through our GreenStreak email address: info@gstreak.co. Most concerns are quickly resolved in this manner to our customers' satisfaction. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
3. Binding Arbitration and Class Action Waiver
(a) The BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to all Disputes between you and GreenStreak’s parents, subsidiaries and Affiliates relating to the Competitions and Services. This paragraph applies to any Dispute between you and any GreenStreak Affiliate(s), each of which is an intended third-party beneficiary. For the purposes of this paragraph, “Affiliate” shall mean any entity controlling, controlled by or under common control with GreenStreak, where ‘control’ means the direct or indirect ownership of more than fifty percent (50%) of such entity’s capital or equivalent voting rights and “Dispute” shall include any dispute, claim, controversy or action between you and GreenStreak (or any GreenStreak’s Affiliates) arising out of or relating to this agreement, the Services, or any other transaction involving you and GreenStreak, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis.
(b) Binding Arbitration: If the parties do not reach an agreed upon solution within a period of 90 days from the time informal dispute resolution is pursued, then You and GreenStreak agree that all Disputes shall be resolved by binding arbitration according to this agreement. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED.
(c) Class Action Waiver: The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PRIVACY POLICY ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(d) Exception - Litigation of Intellectual Property and Small Claims Court claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Services under these terms. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
(e) 30 Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the "Binding Arbitration," "Exclusive Jurisdiction," and "Class Action Waiver" paragraphs above by sending written notice of your decision to opt-out to the following address: GreenStreak, Corp. 848 N. Rainbow Blvd, Unit #8043 Las Vegas, Nevada 89107, Attn: Mark Benya. The notice must be sent within 30 days of the earlier of your first download of the applicable App or commencing use of our Services (or if no purchase was made, then within 30 days of the earliest of the date on which you first download the applicable App or access or commence use the applicable Service); otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, we also will not be bound by them.
XVI. Miscellaneous
(a) Nothing in the Terms of Service shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and GreenStreak.
(b) Third-party online publishers that refer account holders to the GreenStreak website shall not be responsible or liable for the GreenStreak Platform or any of the content, software, or functions made available on, or accessed through, or sent from, the GreenStreak Platform.
(c) If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
(d) No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and GreenStreak’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
(e) GreenStreak reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. If you continue to use the Services after we change the Terms of Service, you accept all changes. The failure of GreenStreak to comply with any provision of these Terms of Service due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Company (except in compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Terms of Service.
(f) GREENSTREAK AND OTHER TRADEMARKS CONTAINED ON THE WEBSITE ARE TRADEMARKS OR REGISTERED TRADEMARKS OF GREENSTREAK IN THE UNITED STATES AND/OR OTHER COUNTRIES. THIRD PARTY TRADEMARKS, TRADE NAMES, PRODUCT NAMES AND LOGOS MAY BE THE TRADEMARKS OR REGISTERED TRADEMARKS OF THEIR RESPECTIVE OWNERS. YOU MAY NOT REMOVE OR ALTER ANY TRADEMARK, TRADE NAMES, PRODUCT NAMES, LOGO, COPYRIGHT OR OTHER PROPRIETARY NOTICES, LEGENDS, SYMBOLS OR LABELS ON THE PLATFORM.
XVII. Contacting GreenStreak
(a) Email us at: info@gstreak.co.
TERMS OF SERVICE (V.2.0)
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