G10 VMS, Inc. ("G10 VMS", "we", "us", "our",
“GoCashGameCard”) would like to thank you for visiting our site at
www.gocashgamecard.com. This document contains the Terms of Service Agreement
("Terms of Service", "ToS", "Agreement", "Terms") for your visit and stay at the
gocashgamecard.com site (the "Site", "gocashgamecard.com"). This Terms of
Service Agreement generally applies to the Site itself as well as to the use of
all featured Games (the "Games") on the Site and their associated web sites
operated by G10 VMS and also to the sale of ePINs, collectively referred to as
the GoCash Service (the "Service"). www.gocashgamecard.com.
This document contains the Terms of Service Agreement ("Terms of Service",
"ToS", "Agreement", "Terms") for your visit and stay at the gocashgamecard.com
site (the "Site", "gocashgamecard.com"). This Terms of Service Agreement
generally applies to:
1. Legal Agreement
G10 VMS is the owner of the Site and
Service. This is a legal agreement between you ("you", "your",
"gocashgamecard.com Member") and G10 VMS. Use of the Site or Service is subject
to this Agreement at ALL times without exception and signifies your acceptance
of and complete agreement to the ToS. You represent that you have the legal
capacity to enter into this Agreement.
Your use of the Site is subject at all times to these Terms of Service and our
Privacy Policy. Any content, including but not limited to, user identities
created on the Site or submitted to the Service is governed by these Terms. This
includes, but is not limited to, proper in-game and out of game conduct. This
Agreement is in addition to, and does in no way replace or supplant, the End
User License Agreement (the "EULA") that accompanied the G10 VMS software and to
which the G10 VMS software is subject. You also may be subject to additional
terms and conditions that may apply when you use or purchase certain other G10
VMS services, affiliate services, third-party content or software.
G10 VMS recommends that all users periodically review these Terms since
gocashgamecard.com is a live and evolving community. G10 VMS reserves the right,
at its sole and absolute discretion, to revise, amend, change, add to, delete,
or update these terms and the Service, effective with or without prior notice by
publishing the revised or updated Agreement on our website at
www.gocashgamecard.com. The revised or updated Agreement is effective
upon publication and your continued use of the Site and the Service following
notice and publication of the revised or updated Agreement on the site will
constitute your acceptance of the updated terms. If you do not agree with these
revised or updated Terms, you are obligated to terminate your User ID
immediately and cancel any services for which you have signed up.
www.gocashgamecard.com. The revised or updated Agreement is effective upon
publication and your continued use of the Site and the Service following notice
and publication of the revised or updated Agreement on the site will constitute
your acceptance of the updated terms.
2. Eligibility and Age Requirements
The Site and the Service are for users age
13 and over. In accordance with the Children's Online Privacy Protection Act of
2000, if you are under the age of 13, personal information cannot be collected
from you and thus, you are prohibited from creating a membership account through
the Service, shall not be eligible to enter any prize awarding events and/or
promotions, and are asked not to provide any personal information of any kind on
the Site, through the Service, or to us.
As noted, the Site and the Service are for users age 13 and over. While children
of all ages may view the Site, only those 13 or older can use the Site and
related games and services. We will not knowingly accept any applications or
other submissions from anyone under the age of 13. If we learn that anyone under
the age of 13 is attempting to make an application or place an order, we will
terminate the transaction if it is feasible to do so and subsequently delete any
personal information sent to us. Also, we do not knowingly accept, collect,
maintain or use personal information regarding children under the age of 13 on
this Site.
If a parent or legal guardian of a child discovers that their child under the
age of 13 has provided us with personally identifiable information and would
like G10 VMS to stop collecting such information, or have the child's personal
information deleted from our database records, they should contact us at
support@gocashgamecard.com. We will review, update, or remove the child's
information as requested within reasonable time.
support@gocashgamecard.com
. We will review, update, or remove the child's information as
requested within reasonable time.
If you are over the age of 13, but still considered a minor under the law of the
relevant state, we ask that you review these Terms as well as our
Privacy Policy with your parent(s) or legal guardian(s) to ensure
they understand and agree to them. We strongly encourage parents or legal
guardians to be positive and active role models to their children and spend time
together online with their children, familiarizing themselves with the Service
and overseeing any communication between their children and any other Internet
users. It is highly suggested that parents or legal guardians educate their
children about online conduct, specifically including but not limited to, never
revealing, distributing, or otherwise communicating their personal identifying
information such as real names, images, addresses, or phone numbers without
parental or guardian permission when using the Internet. Privacy Policy with
your parent(s) or legal guardian(s) to ensure they understand and agree to them.
We strongly encourage parents or legal guardians to be positive and active role
models to their children and spend time together online with their
gocashgamecard.com is an ever-evolving community comprised of many different
participants with different experiences and backgrounds. While we may choose to
monitor and take action upon inappropriate player conduct, chat or links to the
Service, it is possible that at any time there may be language or other material
accessible on or through the Service that may be inappropriate for children or
offensive to some users of any age. This agreement outlines rules of conduct for
players accessing the Service. We cannot ensure that all players will adhere to
these terms and not provide content or access to content that parents or
guardians may find inappropriate or that any user may find objectionable. G10
VMS does not pre-screen the content, the materials or the communications
transmitted by each player. As such, it is highly encouraged that parents
provide guidance to users under the age of majority and exercise their parental
responsibility in restricting access of their children to such content.
3. User Identity/Account Creation
When creating a user identity (""User ID"",
""account"") by completing and submitting the gocashgamecard.com registration
form, you represent that you have reviewed, understand, and are in full
compliance with the Terms. You must also provide truthful and accurate
information in the registration process and be who you claim to be. If you are a
minor, your parent(s) or guardian(s) must preside over your registration process
and/or complete the registration process for you, in which case they will take
full responsibility for all obligations under this Agreement and are completely
liable for all activities conducted through the Account by you or any other
party, whether authorized by the registered user or not.
During the registration process, you must select login information ("Login
Information") comprised of a unique login name ("User ID," "account name") and a
secure password ("password").
As creator of your User ID, you are completely responsible for your identity and
G10 VMS will not tolerate offensive, obscene, or otherwise inappropriate user
identities. If a User ID violates any part of these Terms, determined at the
sole and absolute discretion of G10 VMS / gocashgamecard.com Support Staff, we
may immediately, temporarily, or permanently ban such User ID from the Site or
Service, with or without notice or prior warning.
4. Account Security
You, as the registered user of an account,
are ultimately and completely responsible for maintaining confidentiality of
your login information and computer system used to access the Site or Service.
Further, you are solely responsible and liable for any and all uses of your
Login Information, whether authorized by you or not. You may not directly or
indirectly reveal your password to anyone for any reason at any time or allow
anyone else to access the account. Sharing, trading, swapping, selling, buying,
bartering, or otherwise distributing accounts or account/Login Information is
strictly prohibited and subject to disciplinary action up to and possibly
including service termination at the sole and absolute discretion of our support
staff. G10 VMS will NEVER ask for your account password and you should NEVER
reveal it, EVER; even when contacting us about an account issue.
When creating a User ID, you agree to indemnify and hold G10 VMS and its
affiliates harmless for any improper use of such identity including, but not
limited to, improper or illegal use by someone to whom you have revealed your
password in any way. G10 VMS is not responsible for any misuse of your User ID,
whether such misuse is by you or by third parties. When interacting in any
online community we strongly recommend that all players think before they click
and engage in safe internet practices at all times.
If you discover that the confidentiality of your account Login Information may
have been compromised, you are required to immediately and truthfully report
this to G10 VMS as soon as possible by emailing acctadmin@ gocashgamecard.com or
submitting a request for help through the gocashgamecard.com Helpdesk. We will
coordinate with proper investigating authorities to hold individuals
perpetrating online crimes accountable for their actions, including those who
submit fraudulent or false reports.
account@gocashgamecard.com or submitting a request for help
through the gocashgamecard.com Helpdesk. We will coordinate with proper
investigating authorities to hold individuals perpetrating online crimes
accountable for their actions, including those who submit fraudulent or false
reports.
5. Rules of Conduct
All gocashgamecard.com Members have to
adhere to these Terms at ALL times without exception when interacting with any
part of the Site or Service. You must observe these Terms, all applicable laws
and also basic rules of etiquette, common courtesy, and common sense when using
the Site. Any conduct that violates the law in an offline, real world community
is also a violation of these Terms. G10 VMS will not tolerate any illegal
conduct and will cooperate with law enforcement for such behavior.
G10 VMS may take any actions and impose any penalties we deem necessary to
discourage and punish any violation of these Terms or any other illegal or
inappropriate conduct, all without prior notice or warning. The determinations
as to whether a violation has occurred and who is responsible for such act are
solely within G10 VMS 's discretion, and are based on what we deem best for the
community. By using the Site, you agree that you will be bound by G10 VMS’s
determination as to whether a violation has occurred and any penalty we choose
to implement.
As with any community, you will encounter many different participants with
different backgrounds, experiences, and tolerance thresholds. The Rules of
Conduct (the ""Rules of Conduct"", ""RoC"", ""Rules"", ""Terms"") have been
drafted to ensure that the GoCash Game Card community is fun and safe for the
greater majority of our Members.
WHILST USING THE GOCASHGAMECARD.COM SERVICE, YOU MUST ABIDE BY THE FOLLOWING
TERMS. THE FOLLOWING ARE THE BASIC RULES OF CONDUCT THAT GOVERN ALL PLAYER
INTERACTIONS AND ACTIVITIES WITHIN THE GOCASHGAMECARD.COM SERVICE AND THE
RESPECTIVE PROPERTIES OF G10VMS, INC. IF YOU
FAIL TO ABIDE BY THESE TERMS, ALL GOCASHGAMECARD.COM ACCOUNT(S), AND YOUR RIGHT
TO USE THE GOCASHGAMECARD.COM SERVICE, IS IMMEDIATLEY SUBJECT TO TERMINATION BY
G10VMS, INC. AND REFUSED SERVICE TO ALL PRESENT AND FUTURE G10VMS, INC. PRODUCTS
AND SERVICES. YOU ARE NOT ENTITLED TO REFUNDS OF ANY AMOUNT. UPON TERMINATION,
YOU FORFEIT ALL OUTSTANDING OR UNUSED IN-GAME ASSETS, VIRTUAL MONEY, AND SERVICE
USE GRANTED BY SUBSCRIPTION (AS APPLICABLE).
a) Any user created content for participation on the site, in any associated
game, or for use in the Service including, but not limited to, User IDs, game
IDs, guild and clan names, guild and clan emblems, chat content, forum threads
and posts has to be in compliance with the gocashgamecard.com Terms of Service,
Rules of Conduct, all applicable laws, and the gocashgamecard.com Naming Policy.
b) You may not modify, adapt, translate or create derivative works based upon
any part of the gocashgamecard.com site, the Service, any associated game, or
gocashgamecard.com code without express written permission from G10 VMS, Inc.
c) You may not impersonate any G10 VMS employee or G10 VMS, Inc. business
partner or its respective employees, past or present including, but not limited
to, support personnel.
d) You may not use any unlawful, threatening, abusive, obscene, harmful,
defamatory, vulgar, harassing, hateful, racially, ethnically or otherwise
objectionable language toward any other player, in any language as deemed
inappropriate by support personnel. The availability of a profanity/language
filter is not to grant permission or license to use such language in any form.
e) You may not threaten, harass, nor cause another player distress or create
unwanted attention to other players, as interpreted or determined by
gocashgamecard.com/ G10 VMS, Inc. support personnel at their sole and absolute
discretion.
f) You may not organize or participate in any player association or group which
is based on, or espouses any, racist, sexist, anti-religious, anti-ethnic, or
other hatemongering philosophies. You may not organize or participate in any
player association which habitually violates the gocashgamecard.com Terms of
Service and/or Game/Forum policies.
g) You may not use any sexually explicit language which is graphic,
inappropriate, or depicts sexual acts including, but not limited to, sexual
language of a violent or threatening nature directed at another individual or
group of individuals, or otherwise deemed inappropriate by G10 VMS, Inc. support
staff.
h) You may not market, promote, advertise, or solicit (including multi-level
marketing and chain letters) through the gocashgamecard.com Service or
gocashgamecard.com Site. This covers any type of virtual assets available on or
through gocashgamecard.com as well as other online games and any real world
items.
i) You may not directly or indirectly encourage, incite, or direct other
gocashgamecard.com Members to violate the gocashgamecard.com Terms of Service,
Rules of Conduct, or any applicable real world laws.
j) You may not violate any local, state, national or international law or
regulation.
k) You may not use the gocashgamecard.com Service or Site for any illegal
purpose. You may not arrange for the exchange or transfer of any
pirated/unlicensed software or other contraband while you are using the
gocashgamecard.com Service or gocashgamecard.com Site.
l) You may not post on gocashgamecard.com Site website addresses ("URL") of and/
or provide links to any sites which contain illegal/sexual material, content
which could harm or disrupt another user's personal network, computer, and/or
content which violates the G10 VMS, Inc. Terms of Service.
m) You may not use the gocashgamecard.com Service or gocashgamecard.com Website
for any activities other than those permitted within the Service, game, Website,
or associated portal/world.
n) You may not leave a gocashgamecard.com account logged in while unattended
either by use of software applications or physical objects used in any fashion.
If your avatar/in-game persona is performing an action of any kind, you must be
able to respond to a gocashgamecard.com/ G10 VMS, Inc. representative if
approached.
o) You may not exploit any bug, feature, or design within any gocashgamecard.com
product or Service. You may not intentionally use and/or share such information,
real or fictitious, regardless of intent, or if it grants an unfair advantage.
You may not directly or indirectly communicate the existence of such exploit/bug
to another user of the gocashgamecard.com Service. You will report any such
exploit via the bug reporting process outlined on the gocashgamecard.com
Website.
p) You will follow the instructions of authorized personnel while using the
gocashgamecard.com Service. Failure to follow said instructions may result in
disciplinary account action, up to and including termination.
q) You may not communicate any player's real-world personal information, in any
fashion, including your own, within the gocashgamecard.com Service or through
the gocashgamecard.com Website. You may not directly or indirectly share your
account password or account details with anyone, and you will not hold G10 VMS,
Inc., or its subsidiaries, responsible for any damages that may incur from doing
so.
r) You may not give false information to or intentionally hide any information
from G10 VMS, such as e-mail addresses, account information, billing
information, which may be required at the time you register with the
gocashgamecard.com Service. It is your responsibility to keep this information
current.
s) You may not use, create, play, or provide any server emulation, or Service
where gocashgamecard.com/ G10 VMS, Inc. products or Services may be played. You
may not communicate, solicit, use or otherwise distribute any utilities,
emulators, applications, or other programs/software related to
gocashgamecard.com that does not have the express written permission of G10 VMS,
Inc. to be used with the Service.
t) You may not attempt to interfere with, hack, or otherwise decipher any
transmissions to or from the servers running the gocashgamecard.com Service, nor
its providers.
u) You may not violate the intellectual property rights of a third party. You
may not upload, transmit, or otherwise communicate copyrighted material which
you do not own the rights to without express written permission of the author
and/or copyright holder through the gocashgamecard.com Service or
gocashgamecard.com Website.
v) You may not intentionally accept an item that has been altered or otherwise
manipulated outside of the designed game mechanic or intended feature from
anyone inside or outside the game or Service. G10 VMS, Inc./ gocashgamecard.com
has the right to confiscate any such item(s), without reparation, even if a
player had no prior knowledge of the item's origin.
w) You may not do anything that interferes with the capability of other
gocashgamecard.com users to enjoy playing gocashgamecard.com games or using the
gocashgamecard.com Service as defined by the respective Terms of Service and/or
Rules of Conduct, or that increases the expense or difficulty of G10 VMS in
maintaining the gocashgamecard.com Service for its users.
x) You may not intentionally submit inaccurate information, nor otherwise abuse
any help, email, or petitioning system.
y) You may not attempt to play any gocashgamecard.com/ G10 VMS, Inc. product on
any service that is not authorized, approved, or controlled by G10 VMS, Inc. or
applicable license holders.
BY USE OF THE GOCASHGAMECARD.COM SERVICE YOU ACKNOWLEDGE THAT YOU AGREE TO
THESE TERMS AND WILL FOLLOW THEM IN THEIR ENTIRITY. YOU AGREE THAT THESE TERMS
WILL APPLY TO ANYONE WHO HAS ACCESS TO YOUR GOCASHGAMECARD.COM ACCOUNT. THIS
INCLUDES ACCESS VIA YOUR APPROVAL, PERMISSION, OR BY OTHERWISE HAVING ACCESS TO
YOUR IJJI.COM ACCOUNT OR ACCOUNT INFORMATION (IN WHOLE OR IN PART). YOU FURTHER
AGREE THAT YOU ARE RESPONSIBLE AND LIABLE FOR ANY AND ALL CONSEQUENCES WHICH MAY
INCLUDE, (BUT ARE NOT RESTRICTED TO) WARNINGS, SUSPENSIONS OR TERMINATIONS OF
YOUR ACCOUNT BASED UPON VIOLATIONS OF THESE TERMS BY ANY PERSON.
G10 VMS, INC. MAY FIND IT NECESSARY TO ALTER, RESET, OR OTHERWISE CHANGE CERTAIN
PARAMETERS OF, AN ON-GOING PRODUCT OR SERVICE IN ORDER TO REALIGN THE "BALANCE"
OF THE PRODUCT OR SERVICE. THESE MODIFICATIONS OR RESETS MAY AFFECT IN-GAME
ASSETS, AVATARS, IN-GAME PERSONAS, AND MAY REGRESS THE PRODUCT OR SERVICE.
THESE RULES MAY BE MODIFIED, AMMENDED, OR OTHERWISE CHANGED AT ANY TIME. YOU
AGREE TO VISIT THE GOCASHGAMECARD.COM WEB SITE TO REVIEW ANY CHANGES TO THESE
RULES/TERMS WHICH MAY HAVE BEEN MADE. YOU AGREE TO CAREFULLY READ THESE TERMS
AND CONDITIONS.
"If you encounter any conduct or user submitted content on the Site or Service
which is in violation of these Terms, it is your duty and responsibility as an
gocashgamecard.com community Member to report said action to us as we cannot and
do not prescreen all forms of communication in the community. We reserve the
exclusive right to remove, edit, alter, modify, delete, or otherwise change any
Member submitted content that is deemed not appropriate for the Site, Service,
or objectionable to us for any reason at any time. This action is in our sole
and absolute discretion.
6. Disciplinary Action and User ID
Termination
G10 VMS can and does issue warnings and
temporary suspensions and permanent terminations of user identities for user
violations. We retain the sole discretion as to when and how to impose warnings,
penalties and/or disciplinary actions. The severity of a violation and number of
occurrences factor into the decisions, but they are not the only measures used.
User identities may be banned, both temporarily and permanently, without prior
warning.
To avoid any doubt, you acknowledge that G10 VMS has sole discretion with
respect to penalties and disciplinary actions even if there is a credit
remaining on your account.
If you feel you or your User ID has been unfairly warned or disciplined, please
submit a request for help at the GoCash Helpdesk or send an email with pertinent
detail to account@gocashgamecard.com. All submitted account action disputes will
be carefully reviewed yet G10 VMS will only take action with valid claims in its
determination.
account@gocashgamecard.com. All submitted account action disputes
will be carefully reviewed yet G10 VMS will only take action with valid claims
in its determination.
7. Other Termination Procedures.
Users may initiate the termination process
of the Account by completing the provided form at
http://www.gocashgamecard.com/Users/MyAccountDelete.aspx. After a
request for termination, G10 VMS reserves the right to temporarily deactivate
the terminated User ID for a period of thirty days. Deactivation is a routine
procedure designed to prevent users from conducting deceptive or fraudulent
activities. After a request for termination, G10 VMS reserves the right to
temporarily deactivate the terminated User ID for a period of thirty days.
Deactivation is a routine procedure designed to prevent users from conducting
deceptive or fraudulent activities.
Furthermore, your User ID will be de-activated if you do not use it within one
year after the date that it was created or for any continuous period of one year
after creation ("One-Year Term"). If you do not use your User ID for the
One-Year Term, it may be removed and deleted by the gocashgamecard.com
administrator in its sole discretion. We will use reasonable efforts to notify
you by email five days before we delete your User ID. If you advise us within
this five-day notice period that you want to keep your User ID active, we will
not delete it. If you do not so notify us, your User ID will be permanently
deleted, along with your User ID records, ranks and premium service information.
8. Content and Ownership
You acknowledge that the Software and the
Service contain graphics, music, sound effects, animation, video, style, and
text (collectively, "Content"). Content may be provided under license by
independent content providers and are referred to in this Agreement as "Content
Providers."
G10 VMS owns, has licensed, or otherwise has rights to all of the content that
appears on the Site or is available through the Service. You agree that you have
no right or title in or to any such content, including virtual in-game assets,
or any other attributes or features of the Account or stored on the Service. You
further agree that there are no refunds or restorations available for any
intentionally or accidentally lost, misplaced, or deleted virtual assets. You
also acknowledge that G10 VMS may, in its sole and absolute discretion, review
any virtual asset issues and make a binding decision in accordance with these
terms.
G10 VMS has developed and owns all images, graphics, text, programs and
information appearing on the Site, as well as all trademarks, copyrights and
other intellectual property rights therein (the " GoCash Materials"). You are
authorized to use the GOCASH Materials solely in connection with your use of the
Site. Except as expressly permitted herein, you agree that you will not use or
copy the GoCash Materials in any manner without G10 VMS’s prior written consent.
G10 VMS is not liable for failure to remove content. You and/or any user of your
account assume all potential risk. G10 VMS has the right, not the
responsibility, to remove Content anytime which it deems necessary, or otherwise
for the use in violation of this Agreement.
You acknowledge and agree that all accounts, games, websites, associated
properties, and all aspects of items and currency or coin (collectively,
"Virtual Assets") redeemed are the sole property of G10 VMS. You further
acknowledge that: the Software and the Service permit access to Content that is
protected by trademarks, copyrights, and/or other proprietary rights owned by
G10 VMS or its content providers (collectively, "Rights"). These Rights are
valid and protected in all content and across any media existing now or
developed at a later time. Unless explicitly provided otherwise, your use of
Content will be governed by the copyright laws of the United States and other
applicable laws. You further agree that you may upload or otherwise publish on,
or transmit through the Service only Content that is not subject to any Rights,
or Content which a holder of Rights has given express authorization for
distribution on the Service. By submitting Content to any area of the Service,
you automatically grant (or warrant the owner of such Content has expressly
granted) to G10 VMS the royalty-free, perpetual, irrevocable, and non-exclusive
right to license and use, reproduce, modify, adapt, publish, broadcast,
transmit, translate, or create derivative works from, distribute, perform and
display such Content worldwide and/or to incorporate it in other works in any
media, form, or technology now known or later developed for the full term
including any renewal term of any Rights that may exist in such Content.
You agree that G10 VMS owns all rights and interests in the Virtual Assets and
retains the absolute right to modify its Virtual Assets. You acknowledge that
G10 VMS has been, is, and will be constantly making changes to its games. You
further acknowledge that G10 VMS, Inc can and will, in its sole discretion,
modify features, functions or abilities of any element of the game or any
Virtual Assets (which may, among other things, make the Virtual Assets
substantially more effective or functional, or less effective or functional,
more common or less common, or eliminated entirely).
You promise that you will never assert or bring any claim against G10 VMS, its
licensors, or any employees of any of the above, which is related to or based on
(i) a claim that you "own" any Virtual Assets in any game, (ii) a claim for the
"value" of Virtual Assets if G10 VMS deletes them (and/or terminates your
account) if you or anyone acting in concert with you violates any provision of
this Agreement, the Rules of Conduct, or Privacy Policy, (iii) a claim for the
"value" of Virtual Assets that you may lose if G10 VMS does anything that it is
entitled to do pursuant to any provision of this Agreement, the Rules of
Conduct, Privacy Policy, or for any malfunctions and/or "bugs" on the Site or in
the Service, (iv) a claim that the "value" or any Virtual Assets has increased
or decreased by virtue of any game modification that G10 VMS has made or will
make, and/or (v) a claim for the "value" of time spent on the Site or Service.
9. Gold Membership
“Account” means the account
maintained by the Account Holder with us and which is operated in conjunction
with the Gold Card;
“Account Holder”, “you”, “your”,
“yours” means the person(s) in whose name(s) an Account is maintained
and, if there is more than one such person, includes any, each and all of you;
“Agreement” means the agreement between us and you
relating to the use of the Card. It includes these Conditions. These Conditions
may be altered from time to time;
“GoCash”, “we”, “us”, “our” ”
means G10 VMS, Inc.;
“Benefits” means any benefits, privileges or
promotions which we may offer or make available from time to time to
Cardholders;
“Card” means a Gold Member
rechargeable card issued to or for the use of a Cardholder in connection with
the Account;
“Cardholder” means any
person to whom we issue a Gold Card;
“Card Transaction” means
each transaction whereby virtual goods or services are obtained by the use of
the Card PIN;
“PIN” means the long number
(16 digits or more) shown on the front of a Card, which enables the Card to be
used to make or authorize payments over the Internet, to Suppliers participating
in the relevant game card scheme;
“GCC” in relation to a Card
means the Gold Card Code number printed on the back of your Card for a
Cardholder to enable the Cardholder to make a Card Transaction;
“Supplier” means any game
website who agrees to accept a Card PIN as payment for virtual goods or
services;
9.1 FUNCTIONS PROVIDED BY THE CARDS WE
ISSUE
9.1.1 The Cards we issue enable the Cardholder to do the
following:-
• make payment to Suppliers for virtual goods or services.
9.2 CARD CONDITIONS
9.2.1 The Card can be used to pay for virtual goods or
services:
9.2.2 the Cardholder may use the PIN to make or authorize
payments to Suppliers subject to any maximum amount we may from time to time
determine. The Supplier will ask the Cardholder to enter their PIN to authorize
a Card Transaction; and
9.2.3 where a Supplier has sought authorization from us
before completing a Card Transaction, the amount available for drawing on the
Account shall be reduced by the amount of the Card Transaction so authorized
even though that amount may not have been debited to the Account. It shall be at
our discretion whether or not to authorize a Card Transaction. Where a Card
Transaction in respect of which a Supplier has sought and received our
authorization is cancelled and the amount of such Card Transaction has not been
debited to the Account, the amount of the cancelled Card Transaction will be
added back to any remaining amount then available for drawing on the Account
provided we have received proper notification of such cancellation from the
Supplier in a form which is acceptable to us.
9.3 USE AND SECURITY OF CARD
9.3.1 Each Card is our property and a Cardholder must return
it if asked, cut up in the manner specified in Condition 8.6. Only a Cardholder
to whom a Card is issued may use that Card and any use of the Card and PIN is
subject to the Agreement.
Terms and Conditions for Card
Offshore Banking
9.3.2 The Card must not be used:
9.3.2.1 after any notification by us of its cancellation,
withdrawal or suspension;
9.3.2.2 after the termination of the Agreement; or
9.3.2.2 to carry out Transactions for an illegal purpose.
9.3.3 We will renew or replace a Card free of charge up to 3
times unless Agreement is terminated or a Card is cancelled or withdrawn or its
use suspended. After the number of requests for renewing or replacing a Card
exceeds 3 times, we will charge the Cardholder a reasonable amount for printing
and delivering the Card to the Cardholder.
9.3.4 A PIN may be used only by that Cardholder to make a
Card Transaction. A Cardholder may not be able to change the PIN unless allowed
by us.
9.3.5 The Cardholder must exercise all
reasonable care to ensure that the Card is not lost or stolen and to prevent the
PIN, GCC or other security information becoming known to any other person. This
means that:
9.3.5.1 the Cardholder must not disclose the
PIN, GCC or other security information to anyone or use or record the PIN, GCC
or other security information in a way which allows another person to discover
it;
9.3.5.2 the Cardholder must never write the
PIN, GCC or other security information on the Card or on anything usually kept
with it;
9.3.6 the Cardholder must never write the
PIN, GCC or other security information down without making a reasonable attempt
to disguise it;
9.3.7 The Cardholder must not disclose the
PIN or give their Card to any third party except:
9.3.7.1 for the purpose and in the normal
course of effecting a Transaction;
9.3.7.2 when reporting the loss or theft of
the Card;
9.3.8 The Cardholder must not use the PIN to
make or authorize payments to Suppliers that will take the account below the
minimum agreed credit balance allowed on the Account or to create an overdraft
position on the Account.
9.3.9 We will be entitled to debit to the
Account the amount of each Transaction notwithstanding any irregularities
concerning that Transaction or the use of the Card or security information.
9.3.10 Once the Card has been used for a
Transaction, the Transaction cannot be stopped.
9.3.11 We will normally debit Transactions to the Account in
the order that we receive, whether from a Supplier or any other party, and
process full Transaction data.
It will normally take less than 1 day for a Transaction to be
debited to the Account although in some cases, such as those involving technical
issues including network delays, this can take longer. We will be entitled to
debit Transactions to the Account in priority to all other debits.
9.4 OVERDRAFT AND AUTHORIZATIONS
Nothing in the Agreement entitles a Cardholder to use the
Card to take the account balance below the minimum credit balance allowed on the
Account or to create
an overdraft position on the Account.
9.5 DEBITS
9.5.1 No delay or failure by us to debit the Account with the
amount of any Transaction or part of a Transaction, or any other amount falling
due, will affect our right
to do so subsequently.
9.5.2 All Transactions once debited to the Account will be
shown on the Redemption History relating to the Account. You must notify us as
soon as possible if Redemption History includes an item which appears to be
incorrect.
CARD SPECIFIC CONDITIONS
9.6 PAYMENT, EXCHANGE RATES AND CHARGES
9.6.1 We may debit the Account with the amount of any loss or
costs incurred or charges made by us as a result of any breach by a Cardholder
of the terms of the Agreement and any other applicable charges.
9.6.2 You will still be liable to pay us all amounts due to
us (including charges in relation to the Card) where there are insufficient
funds in the Account to meet the relevant payment or we are unable to debit
those amounts due to circumstances beyond our reasonable control.
9.6.3 Exchange rates can fluctuate and the exchange rate
actually applied may be different from the exchange rate at the time the
Transaction was made.
9.7 LOSS OF CARD
9.7.1 Should a Card be lost or stolen or the details of the
Card (including the PIN where the Card has one) for any other reason be liable
to misuse or should the PIN, password or other security information become known
to a person other than the Cardholder to whom it was issued, the Cardholder must
as soon as reasonably possible notify us by submitting a Lost Card Report at
http://www.gocashgamecard.com/Users/LostCard.aspx.
9.7.2 Until we receive effective notification, you will be
liable for any use of the Card. Your maximum liability will be unlimited. Once
we have been effectively notified, you will not be liable for any further loss
arising from use of any Card for a Transaction by any other person.
9.7.3 Failure to comply with any of the provisions of these
Conditions which relate to security of the Card may amount to acting without
reasonable care.
9.7.4 Unless we can show that the Cardholder acted
fraudulently or without reasonable care, you will not be liable if a Card is
used by a third party before the Cardholder receives it or if a Card has not
been lost or stolen but a third party uses the Card details for a Cardholder Not
Present Transaction without the permission of the Cardholder or if a third party
uses the Card details without the permission of the Cardholder and the Card has
not been stolen.
9.7.5 If a Card is lost, stolen or misused, we may disclose
any relevant information to the appropriate authorities. The Cardholder must
give us all information they have regarding the loss, theft or misuse of the
Card or the disclosure of the PIN, GCC or other security information. You and
each Cardholder must also take all reasonable steps to help us and the
authorities to regain the Card.
9.7.6 Should a Card which has been reported lost or stolen be
retrieved, the Cardholder must not use the Card and the Card must be forwarded
to G10 VMS, Inc. 3550 Wilshire Blvd. Ste. 105-134, Los Angeles, CA 90010.
Before the Card is forwarded, the Cardholder must cut the Card
vertically through the magnetic stripe on the Card and through any electronic
chip on the Card.
9.7.7 Notification of loss or theft may be given by the
Account Holder, the Cardholder or by a third party (such as a card notification
agent) approved by us for this purpose. Notification by the Account Holder or
the Cardholder to a third party shall not constitute notification to us.
9.7.8 In the event of a Card being lost, stolen or mutilated
we may issue a replacement Card.
9.8 VARIATION
9.8.1 We may at any time, for any valid reason set out in
Condition 9.2 below:
9.8.2 change or introduce charges;
9.8.3 make any change to the Conditions of the Agreement:
(a) if a change is to your disadvantage, we will notify you
by your registered e-mail 30 days before it comes into effect and you may
terminate the Agreement;
(b) we may make any other change immediately and notify you
about it within 30 days by your registered email;
9.8.4 The changes referred to in Condition 9.1 will be
proportionate and will be made for one or more of the following reasons:
9.8.4.1 by agreement with you;
9.8.4.2 to reflect the introduction or development of new
systems, methods of operation, services or facilities;
9.8.4.3 to reflect a change or an expected change in market
conditions, or the cost of providing our services to our customers;
9.8.4.4 to reflect a change or an expected change to the
rules of any payment scheme which may be applicable to a Card;
9.8.4.5 to conform with or anticipate any changes in the law
or taxation, or codes of practice or other regulatory body;
9.8.4.6 to ensure that our business is run prudently and
remains competitive;
9.8.4.7 to make these Conditions fairer or clearer for you;
9.8.4.8 to rectify any mistake that might be discovered in
due course.
9.9 TERMINATION OR SUSPENSION
9.9.1 You may terminate the Agreement at any time by
notifying us and by returning each Card in the manner specified in Condition 8.6
above. Termination shall
take effect when we receive the Card/s.
9.9.2 We may terminate the Agreement at any time by giving
you a minimum of 30 days notice.
9.9.3 We may also terminate the Agreement with immediate
effect, if:
9.9.3.1 you die;
9.9.3.2 you are in breach of the Agreement;
9.9.3.3 you are in breach of the terms of the Account; or
9.9.3.4 the Account is closed.
9.9.4 We may also cancel, withdraw or suspend the use of any
Card with immediate effect if we suspect the Card is being used for fraudulent
purposes or if any of the reasons set out in Condition 11.3 apply.
9.9.5 Termination, withdrawal, cancellation or suspension of
the use of any Card will not affect any liability you already have to us under
the Agreement or under the terms of the Account.
9.10 GENERAL
9.10.1 You must (if not already opened) open and at all times
maintain the Account and comply with the terms of the Account.
9.10.2 Our failure to insist on our strict rights under the
Agreement will not prevent us from enforcing these or any other rights.
9.10.3 We are not responsible if we cannot carry out our
duties under the Agreement arising directly or indirectly from the failure or
faulty working of any machine, data processing system or transmission link, any
industrial dispute or anything beyond our reasonable control or that of our
agents or sub-contractors.
9.10.4 There may be other external taxes or costs relating to
use of a Card that are not paid through us or imposed by us.
9.10.5 These Conditions are written and available only in
English and we undertake to communicate to you in English when communicating
with you regarding the Agreement.
9.11 CANCELLATION RIGHT
9.11.1 You can cancel the Agreement with us by contacting us
and returning the Card to G10 VMS, Inc. 3550 Wilshire Blvd. Ste. 105-134, Los
Angeles, CA 90010 within 14 days of concluding the Agreement. The Card
should be returned to us in the manner described in Condition 9.7.6 above. Your
right to cancel will lapse on the expiry of this period in which event you will
then be bound by the Agreement.
10. Payment and Acceptance of Service
“ePIN”
means the long number (15 digits) sold through the GoCashGameCard website, which
enables you to make or authorize payments over the Internet, to Suppliers
participating in the relevant game card scheme;
In consideration of the provision of the Service made
available by G10 VMS, payment monies in the currency specified, in accordance
with the prevailing exchange rate (the “Price”), shall be made by you to G10 VMS
in the manner specified and made available to you.
Payment for an ePIN shall be made in full before the delivery
of such to you.
G10 VMS reserves the right to deny payments from suspicious
buyers. In the event that an order or payment is tagged as being suspicious,
delivery of item(s) will be delayed until G10 VMS can successfully verify its
legitimacy, be it by phone or a request for verifying information. The
determination of what amounts to suspiciousness shall be at the sole and
absolute discretion of G10 VMS. You acknowledge and accept that under the laws
of certain jurisdiction, G10 VMS may be obligated to report any suspicious
transactions to the relevant authorities.
Unless you notify G10 VMS to the contrary on the day of
delivery and such notification is confirmed by email, the sale of an ePIN shall
be deemed to have been accepted by you as being in good order and in accordance
with the terms and conditions under which the Service is offered by G10 VMS.
You undertake to make all payments promptly and in accordance
with any rules, regulation or guidelines issued by G10 VMS from time to time and
shall not be entitled to withhold payment of all or any of the Price.
All sales and/or transactions are final. Products and
services that have been delivered are strictly non-refundable.
As for the ePIN purchasing, transactions cannot exceed $50
per day and $100 per month for regular members and $50 per day and $100 per
month for Gold members. GoCash is not responsible for any technical issues on
participating game portal sites.
11. Virtual Assets, Refunds and Returns
Certain areas of the Site or affiliating sites contain
functions for purchasing in-game items and avatars ("Items") using on-Site
fictional currency ("Virtual Money"). Certain areas of the Site contain
functions for playing with in-game fictional game money or points as provided
within certain games. Regardless of any terminology used or any name freely
given by G10 VMS at any time with reasonable notice on the Site, rights granted
in the Virtual Money, Game Point and in the Items are a limited license right
available for one year or less as the case maybe. G10 VMS may charge fees for
the right to use Virtual Money, and any right of use in the purchased Virtual
Money will be terminated within one year from the date of purchase. We will use
reasonable efforts to notify via your registered e-mail thirty (30) days before
such termination.
No partial refund is available. Fees may also be charged for the right to use
Items, and the purchased Items will be terminated within a limited time from the
date of purchase as specified upon purchase. You should carefully review your
limited right when you purchase the Items. Upon expiration, the Items will be
terminated and removed without prior notification. Knowledge of Item expiration
is the sole responsibility of each gocashgamecard Member. You further agree that
there are no refunds or restorations available for any intentionally or
accidentally lost, sold, traded, misplaced, or deleted Items. If any of your
Items are removed or deleted prior to the expiration date due to an
gocashgamecard.com game update, program upgrade, game policy update, or any
other acceptable reasons send a report to Customer Support within seven days of
alleged loss and we will investigate the issue and offer a resolution, possibly
including compensation in form of an identical or comparable new item or
reasonable amount of Virtual Money. This resolution determined at the sole and
absolute discretion of G10 VMS will be final.
Use of Virtual Money, Game Point or the Items for any purposes other than as
authorized on the Site, whether online or offline is a violation of these Terms.
You agree that G10 VMS has the absolute right to manage, regulate, control,
modify and/or eliminate such Virtual Money, Game Point or Items as it sees fit
in its sole discretion, and that G10 VMS will have no liability to you based on
its exercise of such right. Items can only be used on the gocashgamecard.com or
our associated game sites. Offering or advertising the purchase or sale of any
content from our Site is strictly prohibited. Specifically, the transfer,
resale, exchange, or trade of any Virtual Money, Game Point or Items is strictly
prohibited and considered a violation of this Agreement. All Virtual Money, Game
Point and Items are valid for such period as specified. The applicable validity
period starts on the date the item is purchased in case of purchased Item. You
agree that Game Point is a functional tool with no real world value that G10 VMS
technically provides to you for free for the amusement purpose only. G10 VMS has
the absolute right to manage, regulate, control, modify and/or eliminate Game
Point as it sees fit in its sole discretion, and that G10 VMS will have no
liability to you based on its exercise of such right.
12. Submissions and User IDs
"Submissions" means any and all comments,
feedback, suggestions, clan/guild images, icons, or emblems, photos, postings at
forums, chat rooms and similar venues on the Site, e-mails and similar
information or materials that you submit to G10 VMS regarding the games or the
services of G10 VMS or the use or play of those games and services. You agree
that User IDs and Submissions are not confidential and become public upon made
accessible or known to others. Therefore, G10 VMS strongly recommends that you
not publish any personal information about yourself or others on or through the
Site. You further agree to assign to G10 VMS, at no charge, all worldwide and
perpetual rights, title and interest in copyrights and other intellectual
property rights to the User IDs and Submissions. You acknowledge that you are
responsible for the Submissions that you provide and for managing your User ID
and represent that they are in accordance with these terms and the Rules of
Conduct. You, and not G10 VMS, have full responsibility for your Submissions and
User ID, including their legality, reliability, appropriateness, originality and
copyright. As a matter of policy, G10 VMS does not prescreen or monitor any
Submissions. Except as expressly stated and agreed upon in advance by G10 VMS,
no confidential relationship will be established in the event any user of this
Site should make any oral, written or electronic communication to G10 VMS (such
as feedback, questions, comments, suggestions, ideas, etc.). If any G10 VMS web
site requires or requests that such information be provided, and that such
information contains personal identifying information (e.g., name, address,
phone number), G10 VMS shall obtain, use and maintain it in a manner consistent
with its Privacy Policy. Otherwise, such communication and any information
submitted therewith will be considered non-confidential, and G10 VMS will be
free to reproduce, publish or otherwise use such information for any purposes
including, without limitation, the research, development, use or sale of games
or services incorporating such information. You are fully responsible for the
content of your communications, including its truthfulness and accuracy and its
non-infringement of any other person's proprietary or privacy rights.
13. Payment Gateways
G10 VMS strives to provide free quality
games via the Site and Service. Users are not required to purchase in-game items
to fully enjoy the Service; however, Users may charge Virtual Money to their
accounts using a GoCash Game Card or any other payment gateway the game site
offers to acquire those charged Items. Before using either payment gateway, G10
VMS recommends you to review their Terms of Service carefully and be sure you
agree to their terms separate from this ToS. When you present payment gateway
information to G10 VMS, you represent to G10 VMS that you are the authorized
user of such payment gateway account being used to acquire Virtual Money.
G10 VMS is not affiliated with PayPal or Google Check Out.
If any payment is reversed, cancelled or charged back, your Account with us may
be immediately suspended without notice or further be terminated if found fraud.
14. System Requirements
Part of our mission at the Site is to
provide the access to free, high quality games. This entails the use of
hardware, software and internet access. By using the Site, you acknowledge that
hardware, software and internet access play a crucial role in your user
experience. You agree that G10 VMS is not responsible for any hardware, software
or internet access or unavailability issues and you agree to hold G10 VMS
harmless for any such issues.
You are solely and completely responsible for the cost of all telephone and
Internet access charges along with all necessary equipment, servicing, repair or
correction incurred in maintaining connectivity to the Site or Service.
15. Server Outages
There will be regular periods of server
maintenance as well as spot maintenance, usually coinciding with a new game or
new service. G10 VMS will do its best to limit server down time to ten hours.
However, G10 VMS is not liable for any loss of usage or data experienced as a
result of maintenance or other down times and you agree to hold G10 VMS harmless
for any such loss.
G10 VMS will not be responsible for a user's inability to access paid services
during server maintenance.
G10 VMS shall not be liable for any delay or failure to perform resulting from
causes outside the reasonable control of G10 VMS, including without limitation
any failure to perform hereunder due to unforeseen circumstances or cause beyond
G10 VMS’s control such as acts of God, war, terrorism, riots, embargoes, acts of
civil or military authorities, fire, floods, accidents, strikes, or shortages of
transportation facilities, fuel, energy, labor or materials.
Further, we cannot and do not promise or ensure that you will be able to access
your Account whenever you want, and there may be extended periods of time when
you cannot access your Account. You assume the entire risk as to the results and
performance of the Software and the Game in connection with your hardware and
software, and you assume the entire cost of all servicing, repair and/or
correction of your hardware and software.
16. Third Party Sites
Clicking a hyperlink may direct you away
from the Site. G10 VMS does not endorse or control any third party linked sites,
is not responsible for their content and has no association with the owners or
operators of such sites. Also, other sites may have different terms of service
and different privacy policies. G10 VMS therefore strongly recommends that you
inform yourself regarding the practices of third party websites.
17. Liability
Neither G10 VMS nor its parent,
subsidiaries, licensors or affiliates shall be liable in any way for damage or
loss of any kind resulting from (a) the use of or inability to use the service
including without limitation loss of goodwill, work stoppage, computer failure
or malfunction; (b) the loss or damage to player characters, accounts,
statistics, inventories, user profile information stored by associated games; or
(c) interruptions of service including without limitation ISP disruptions,
software or hardware failures or any other event which may result in a loss of
data or disruption of service. In no event will G10 VMS be liable to you or
anyone else for any direct, indirect, incidental, special, exemplary or
consequential damages.
18. Indemnification
You agree to indemnify and hold harmless G10
VMS and its affiliates from and against any claim, loss, expense or damage
resulting from or arising out of your failure to comply with these terms or any
illegal action or inappropriate conduct by you in connection with your use of
the Site or visits to the Site.
19. Service Update or Notice of Change
G10 VMS reserves the right, at its sole and
absolute discretion, to change, modify, add to, supplement or delete access
policies, the availability of any feature of the Service, hours of availability,
content, data, software or equipment needed to access the Service, effective
with or without prior notice. However, material changes (as determined in G10
VMS sole and absolute discretion) will be disclosed prior to or subsequent those
changes.
G10 VMS will provide you with notification of any such changes to the Service
through a server maintenance, announcement, or by email. If any future changes
to this Agreement are unacceptable to you or cause you to no longer be in
compliance with this Agreement, you must terminate, and immediately stop using,
the Service and the Account. Your continued use of the Service following any
revision to this Agreement constitutes your complete and irrevocable acceptance
of any and all such changes. G10 VMS may change, modify, suspend, or discontinue
any aspect of the Service at any time. G10 VMS may also impose limits on certain
features or restrict your access to parts or all of the Service without notice
or liability.
20. General/Acknowledgements
G10 VMS may, with or without notice to you,
disclose your Internet Protocol (IP) address(es), personal information, and
information about you and your activities in response to a written request by
law enforcement, a court order or other legal process to protect your safety or
the safety of others.
If any provision of this Agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this Agreement
and shall not affect the validity and enforceability of any remaining
provisions. This Terms of Use Agreement is the complete and exclusive statement
of the agreement between you and G10 VMS concerning the Site and Service, and
this Agreement supersedes any prior or contemporaneous agreement, either oral or
written, and any other communications with regard thereto between you and G10
VMS; provided, however that this Agreement is in addition to, and does not
replace or supplant, the EULA. This Agreement may only be modified as set forth
herein. The section headings used herein are for reference only and shall not be
read to have any legal effect.
This Agreement is governed by the laws of California without regard to conflicts
of laws. The forum for all disputes arising out of this Agreement shall be an
appropriate federal or state court in Santa Clara County, California and the
parties agree to submit to the exclusive jurisdiction of these courts. In the
event of any litigation or other dispute arising under this Agreement, the
prevailing party in such litigation or dispute will be entitled to recover its
attorneys' fees and all other costs and expenses incurred in connection with
resolving such dispute.
21. Additional Terms
Void Where Prohibited. No purchase necessary
to play games. No deposit, betting, wagering, or gambling is required in order
to use this website. The operators of this website reserve the right suspend or
terminate Player's access to the website at any time for any reason or no
reason. Points have no cash value.
22. Closing
Thank you again for visiting gocashgamecard.com. We hope you
enjoy your stay and take full advantage of the online community we are
developing. Please remember that you are a guest at the Site and act with the
same courtesy and respect you expect from other guests. G10 VMS always reserves
the right to refuse or terminate service.