Terms of Service
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Gank.
5. Gank Gold; Sessions
7. User Content
8. Acceptable Use Policy
9. Ownership of Intellectual Property; Confidentiality
10. Suspension and Termination
13. Warrantee and Limitations
15. Force Majeure
18. Choice of Law
19. No Agency
21. Required Notices
Company is a world class social gaming platform connecting users of the Service (“Users”) to other Users which allows certain selected individuals (“Sellers”) to make themselves available to other Users, for a fee, for the purpose of coaching, instruction, or general advice while using the Service.
Gank is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The Gank app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Gank app won’t work properly or at all.
The app does use third party services that declare their own Terms and Conditions.
Link to Terms and Conditions of third party service providers used by the app:
You should be aware that there are certain things that Gank will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Gank cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Gank cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, GANK cannot accept responsibility.
With respect to Gank’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. GANK accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Gank does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Unregistered users are permitted to explore certain parts of the Service without registering as a user. In order to become a registered user of the Service (“User”), you will need to register for a User Account (“Account”). During registration of your User Account, you will be asked to select a username and password. You are solely responsible for maintaining the confidentiality of your username and password and for all activities that occur with regard to your User Account. You agree that the information you provide to Us during Your registration of a User Account is, at the time of registration true, accurate, current, and complete and you agree to keep Your Account information up to date at all times. User Account data expressly includes, but is not limited to Your Account information, videos and images of You or that you post to the Service. Gank Accounts are not subject to assignment and may not be rented, sold or transferred without the express written consent of the Company. We reserve the right to monitor the use of your Account and take any action we deem appropriate to prevent any violation or abuse of any Gank Policies, laws, ordinances, regulations or rights of Company, any Gank or any User including the suspension, disabling or deactivation of Your Account or Your access to any Account.
4.2 Dormant Accounts
User or Gank Accounts with no activity (Gank Gold purchase, Session booking, Credit conversion, Reward withdrawal) for more than 36 months are subject to suspension or termination, as provided in Section 10, at the discretion of the Service.
5. Gank GOLD; SESSIONS
5.1 Gank Gold; Gold Purchase
All transactions between Users and the Company or Users and any Sellers are paid with Gank Gold. Gank Gold are purchased by Users after the initial sign up process at the then prevailing price which is set by Company and is subject to change without notice. Generally, the more Gold you purchase at a time the more favorable the pricing will be. Company may offer promotional, discount or special Gold from time to time which may have different privileges or restrictions (“Promotional Gold”). Once purchased, Gold are not refundable and have no monetary value. Gold that you purchase will be placed into your Gank Account (“Wallet”) for use once the transaction is approved. Company presently accepts payment by Credit Card (American Express, Visa, MasterCard, Discover) and Paypal. Additional payment options may be made available in the future and indicated on the Wallet portion of your Account.
5.2 Use of Gold
Users may use Gold contained within their Wallet to purchase time to be spent with the Seller using the Service (“Session”). Sessions with Sellers may be of varying length and value as identified at the time of booking. Gank Sellers set their own schedule and pricing, both of which are subject to change in advance of any particular purchase. Once a purchase is confirmed by the Seller, the pricing is locked and cannot change. Gold is not redeemable for cash and have no cash value. Gold is subject to cancellation in the event that your account is suspended or terminated as provided herein. Gank Sellers may convert Gold to Earnings as defined and provided below.
In the event a Seller fails to fulfill a booked session (“No Show”), the Session is subject to cancellation by the User. In the event of a No Show, the User is entitled to a refund of the Gold used to purchase the No Show Session. In the event of any No Show please email Support@gankglobal.com with Your Session information. In the event that a User fails to join a started session, there is no refund of Gold used to book the Session. Sessions started but not completed due to Seller issues may be granted a credit or partial credit at the discretion of Company.
Sellers may use Gold they receive from Sessions to book Sessions with Users. In addition, Sellers that have met all payment verification requirements may exchange Gold for Gank Earnings (“Earnings”) at the then current redemption rate available in Your Wallet. Earnings may be withdrawn from Your Wallet as U.S. Dollars. Available payment methods are as shown in the Wallet Section of your User Account. The exchange rate fromGold to Earnings are set by Company at Company’s own discretion and are subject to change without notice.
5.5 Payment by Credit Card
At the time of your User Account registration you will be asked to provide your preferred payment information. Upon providing such payment information, you agree to allow Company to charge your provided credit card or payment method in the amount selected by you in your registration process. You further authorize Company to charge your payment method for all subsequent purchases that you make or charges that you incur as provided under these Terms. You agree to maintain current valid existing credit card or other payment information in your Account for the purpose of satisfying all such Company charges as they become due. You agree to pay your credit card or other payment bill according to the cardmember or member terms that may be applicable. Refusal or rejection of any such charge or any portion thereof is grounds for account suspension and/or termination at the sole option of Company under Section 10 herein.
Subject to your acceptance of these Terms and pursuant thereto, Company grants Users a non-exclusive, limited, personal, non-transferable license to use the Gank Service according to the terms set forth herein for the Term.
7. USER CONTENT
7.1 You own Your content
Uploading your images, videos or other content to the Gank Service does not change that. All we ask is that You grant Us the right to use the content that you upload etc. (“User Content”) within and for the service. This is called a license and this Section outlines how the license works, what We can do with the licensed User Content and confirms that You continue to own it for all other purposes.
At various points throughout the Service You are given the opportunity to upload images, videos, text, animations, live Session recordings, direct messages, emails relating to the Company, the Service or any Gank, or other media to the Service for Display on the Service or other purposes. When you upload or otherwise provide in any way, User Content to the Service or otherwise provide User Content to Company, or any Company employee, agent or representative you grant Us and our affiliates, licensees, distributors, agents, representatives and other entities or individuals authorized by Us (“Licensees”), an unlimited, non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and fully transferable license to use, reproduce, stream, live stream, copy, display, publish, exhibit, distribute, edit, modify, sell, offer for sale, create derivative works based upon the User Content and to exercise any and all copyright, trademark, publicity, and database rights you have in the User Content, in any media or form (“User License”). You further grant Licensees, the right to make and distribute to third parties, recordings of Gank Sessions booked under your Account or in which you participate.
On occasion we may select certain User Content and/or any User Account information to use in relation to Social Media, advertising, marketing, search engines, or other promotional materials, in whole or in part and alone or in combination with other User Content or other Content for the Service or those of our affiliates, partners or other third parties selected by us for this purpose. User Content expressly includes, but is not limited to, all usage data as to the Service, User Account data and all User Content. Any use etc. of User Content is subject to Our sole discretion and may continue or cease with or without notice to you at any time.
7.4 User Representations
Before you provide any User Content to Company or Licensees you hereby represent and warrant that you own or otherwise have ownership rights in and to the User Content sufficient to grant the User License under this Section and that neither your provision of the User Content to Company or any Licensee under this Agreement nor the granting of rights under the User License or any Use etc. thereunder does not and will not violate the intellectual property rights, privacy rights, publicity rights, contract rights of any person and is not unlawful under any applicable statute, ordinance or regulation.
8. ACCEPTABLE USE
Gank strictly enforces compliance with its acceptable use terms under this section. You agree to maintain your content in full compliance with the terms set forth below. Failure to so comply is cause for immediate suspension and possible termination under Section (10) herein.
8.1 You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
8.2 You agree not to cause any harm to minors of any kind or to perform any activity which is likely to cause such harm.
8.3 You agree not to take any action which encourages or consists of any threat of harm of any kind to any person or property.
8.4 You agree not to transmit any unsolicited commercial or bulk email or other messages. You will not engage in any activity known or considered to be “spamming”, “message bombing” or other abusive or harassing volume or frequency of messages.
8.5 You agree not to make or attempt any unauthorized access to any Company, Seller or User Account.
8.6 You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
8.7 You agree not to register or utilize any Account Username which violates these Terms, the intellectual property rights of any other person or is offensive as determined by Company in its sole discretion.
8.8 You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express written consent. To the extent expressly permitted, you shall maintain records of any such written consent throughout the term of this agreement and for three (3) years thereafter.
8.9 You agree not to undertake any action which is harmful or potentially harmful to the System or any Company networks or server structure.
8.10 You agree not to provide, lease, sublease space or any other right within your Account or otherwise provide access to your User Account to any third party for any purpose. User Accounts are for single person Users only.
8.11 You will not Default or No Show on 3 or more Sessions within any 12-month period.
8.12 You agree that you will not upload or otherwise provide User Content to Company or the Service which contains or reflects advertising, marketing or promotion of any commercial activity without the express written consent in advance of Company.
8.13 You will take no action to solicit or encourage any person to terminate his or her relationship with Company or Service or assist any other person or entity to do so.
8.14 You agree not to conduct Yourself in any manner which is abusive or offensive to Company, Sellers, other Users or third parties. Abusive or Offensive shall be determined within the sole discretion of Company.
8.15 You agree to not post objectionable content such as sexual content and profanity, hate speech, real life violence, terrorist content as well as insensitive content to real life tragic events.
9. OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY
9.1 Company Intellectual Property
It is understood and agreed that while you maintain a User Account and thereafter you may come into possession of information which is subject to protection and/or non-disclosure as the intellectual property of Company, including, but not limited to, the System, Session Booking and Coin and Reward methodology (“Intellectual Property”). You acknowledge that all right and title to any such Intellectual Property and agree that all such Intellectual Property shall remain the sole property of Company and that you have no right, title or interest therein. You further agree not to provide access to the Intellectual Property or the Services to any third party. You agree yourself and not to assist any third party in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Intellectual Property or Services. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the Intellectual Property or Service shall also remain the sole property of Company. Nothing herein, including any license shall permit the use of any Intellectual Property by You or any other person absent the express written consent of the Company or as may be otherwise expressly provided herein.
9.2 Confidential Information
While You maintain a User Account, You may have access to certain information and materials relating to the Company business, customers, software technology and marketing strategies which Company treats as confidential (hereinafter “Confidential Information”). You agree to at all times during the term of this agreement and otherwise to: (i) hold in confidence, and not disclose or reveal to any person or entity, any “Confidential Information” without the express prior written consent of Company; and (ii) not use or disclose any of the “Confidential Information” for any purpose at any time, other than pursuant to your rights hereunder, and then, only for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination your User Account respect to Confidential Information, which does not rise to the level of a trade secret.
10. SUSPENSION AND TERMINATION
This agreement shall remain in effect from your acceptance of these terms until terminated as provided herein (“Term”).
At the sole option of Company for any reason set forth herein or in the event that You breach any term of this Agreement including but not limited to Sections 2-5 (inclusive), 8-9 (inclusive) Company may suspend Your account by deactivating any access by You to your Account or any information contained on the Company servers related to Your Account while maintaining the information and data related to Your Account upon the Company servers. In the event of any such suspension you will be notified and given an opportunity to correct the reason for Your suspension. In the event that the reason for Your suspension is not corrected within ten (10) days, Your Account may be terminated under paragraph 10.3 below. Gold may not be used or converted to Earnings during any period of suspension. Dormant Accounts are subject to suspension and eventual termination. Suspended Accounts subject to cancellation or re-assignment of User Account names in the sole discretion of Company.
This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include, at the sole option of Company, the cancellation of your User Name and Account, the removal of any and all of your User Content and other information pertaining to You from the Company servers. Such information or data may or may not be made available to You by Company after any such termination. There will be no credit or refund for Gold or Earnings in your Account at the time of any Termination. Company may discontinue any or all Gank Services at any time, with or without notice. Termination shall not affect any rights Company may have recover from you losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney’s fees or other costs of any kind as may be applicable under these Terms or otherwise under California Law.
Any notice required under this agreement may be given by Company to you via email at the address provided by you to Company at User registration or as Company may be subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do by Contacting Us.
Any notice by you to Company shall be made by email to Support@gankglobal.com and is considered effective upon acknowledgment of receipt.
Sections 1, 3 - 5, 7 - 11, and 13 - 21 (all inclusive), of this Agreement, shall survive the termination of this Agreement and shall remain in full force and effect after any such termination.
13. WARRANTEES AND LIMITATIONS
13.1 Company makes every reasonable effort to maintain operation of the Service. However, because many events and circumstances are beyond the control of Company, Company does not in any way warrant or otherwise guarantee the availability of the Service and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Company.
13.2 THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
13.3 In general, Company has no control over information contained on the Internet. Information obtained by you from the Internet or from third parties such as game publishers or gaming platforms may be protected by intellectual property rights of third parties or may be inaccurate, offensive or in some cases even illegal. Company accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the legality, truth and accuracy and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. Company provides no warrantee for any goods or services which you obtain over the Internet nor the compatibility of any such services with the Service.
13.4 You expressly waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
13.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF GOLD PURCHASES MADE BY YOU IN THE THIRTY (30) IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH BREACH, ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
14.1 You agree to fully defend, indemnify and hold harmless Company of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorney’s fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement by you or your affiliates or your negligence or intentional conduct whether active or passive or any negligence of Company in any way related to your use of the Service or any portion thereof. Choice of counsel remains exclusively that of Company. No claim shall be settled without the express consent of Company, which shall not be unreasonably withheld.
14.2 You agree to fully defend and indemnify and hold harmless Company of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorney’s fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Service or any portion thereof. Choice of counsel remains exclusively that of Company. No claim shall be settled without the express consent of Company, which shall not be unreasonably withheld.
14.3 You agree that upon the creation of your User Account, you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of Gold, Earnings, User Content or any other data as the result of any access to your account via the use of your User ID. You further agree to defend and indemnify and hold harmless Company of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorney’s fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of Company. No claim shall be settled without the express consent of Company, which shall not be unreasonably withheld.
15. FORCE MAJEURE
Either party to these Terms shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, pandemic, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
This agreement and the rights hereunder are not assignable or transferable except that Company may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Company. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
18. CHOICE OF LAW
This Agreement shall be interpreted under the laws of the Republic of Singapore without regard to any conflict of laws provisions. Any action between the parties arising out of or relating to this Agreement shall be venued in the State or Federal Courts situated within the Republic of Singapore. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by postal mail at the address provided upon registration or as updated thereafter, and hereby waive any defense of any kind related to jurisdiction or venue.
19. NO AGENCY
Notwithstanding any other provision of this agreement, Company is not your agent, partner or joint venturer in any respect.
Company may without advance notice amend this Agreement or the Policies from time to time, and will do so by posting the new Agreements or Policies on the Service in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.
Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.
These terms and conditions are effective as of 2020-12-01
If you have any questions or suggestions about our Terms of Service, do not hesitate to contact us at Support@gankglobal.com.