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Object

The present terms and conditions together with the privacy policy and the relevant legal notice, the wording of which is made available to the User through this website, constitute the set of rights and obligations that both GUMS UP and the User have and establish the binding contractual relationship that will unite both parties through registration on the portal.

Description

www.gumsup.com is a website dedicated to advertising. In it you can see advertising content owned by advertisers, conduct surveys raised by GUMS UP providers or perform actions in exchange for points.

The GUMS UP project consists of a platform that allows the user to acquire digital products from the main online stores free of charge.

GUMS UP offers the possibility of obtaining products that have been obtained lawfully and legally before the legal owners of intellectual property of the same and that are hosted in its portal. Also, there is a whole class of products that are not property of GUMS UP, but only GUMS UP suggests or recommends its purchase through the portal, redirecting the interested User to the portal owner of the product offered, complying with all intellectual property rights.

GUMS UP has a web portal and mobile application where a great variety of digital products is offered (applications for mobiles, games, movies, music and books) that the User will be able to download carrying out different actions. These actions will allow him to earn points, called GUMS, which can be redeemed later to get the digital products listed thanks to gift codes or redeem them for money through the personal PayPal account of each user.

Registration procedure

In order to use GUMS UP it is necessary to be a User registered in the web portal or in the application. To do so, you must fill in a form in which different personal data are required in order to access the contents that GUMS UP makes available to you. There is also the option of registering through Facebook, in which case the User, through the so-called platform, agrees that GUMS UP obtains all the necessary data for registration.

All personal data collected by GUMS UP during registration and subsequent phases, are treated as explained in the Privacy Policy and Legal Notice contained in the website and in the application.

At the time of registration a User account will be generated in which the points obtained by the User will be recorded and accumulated.

By means of the registration procedure and the acceptance of these general conditions, the User expressly accepts all the general conditions, privacy policy and make correct use of GUMS UP.

GUMS UP reserves in any case the right to cancel certain accounts if it detects a misuse by the User. Among others, the misuse of GUMS UP is understood to be the breach of the General Terms and Conditions, the GUMS UP regulations, the privacy policy, as well as the operating rules listed below:

    1. The existence of a User with more than one active account. In case GUMS UP detects a User with several accounts, it will proceed to cancel all accounts of the User.

Legal entities will not be able to register either in the web portal or in the application. In the event that GUMS UP detects that there are legal persons behind a certain User, it will proceed to cancel the account.

  • Access to the web portal or application owned by GUMS UP is limited to those over 14 years. By accepting these general conditions and providing the registration data, the User accepts and is responsible for the data provided, so GUMS UP will not be liable in the event that the data are false. In case GUMS UP detects it, it will cancel the minor’s account instantly.

 

Everyone who accesses the Portal without being of legal age must have obtained the permission of their parents, guardians or legal representatives, who will be responsible for all acts performed by minors in the environment of the website. Parents, guardians or legal representatives of minors are informed that there are mechanisms and in particular filtering and blocking computer programs, which allow limiting access to the available contents.

Web operation and mobile application

  1. Content

www.gumsup.com provides digital contents of advertising or statistical character to the Users so that they can access to the same ones and thus to obtain points denominated GUMS. The content that appears in the various digital platforms of GUMS UP are videos, photographs, images, banners, drawings, writings of all kinds, advertisements, questionnaires, surveys, games, applications, etc. that generally have an advertising or statistical purpose, developed by third parties.

GUMS UP declares that it acts as a mere intermediary with respect to the contents that, directly or through a link, are available in the space owned by GUMS UP. The contents that appear on the GUMS UP platform have been created by third parties, who in any case will be solely responsible for them. In this sense, when the User accesses a website or digital platform of a third party, GUMS UP is not responsible for the content thereof, nor for the actions of the User, nor for the data that the User provides to the owner of said platform, nor for the rights or obligations that the User incurs when accessing the platform, which will be governed in any case by the legal notice, privacy policy and general conditions of the owner of the website, application or digital platform. Likewise, GUMS UP is not responsible for the actions carried out by the User on websites, applications or any digital platform that is not owned by GUMS UP.

  1. Points

As mentioned above, GUMS UP through its website and its application, makes available to its users digital content for the performance of different actions that will be exchanged for points to be called GUMS.

The User through the visualization, reading, access, completion, game or any action that can be performed through the web portal or GUMS UP application gets points. GUMS UP shows the points it will get in case of executing the action before it is carried out.

The points that can be obtained according to the visualized content or the accomplishment of a certain action, will vary according to GUMS UP criteria, which in any case will show the amount of points granted by the accomplishment of each determined action, prior to its execution. The User may obtain a maximum of 30,000 GUMS every 24 hours. If the User exceeds this amount, access to the “Win Gums” section will be blocked until the next 24 hours.

When carrying out each determined action, GUMS UP will grant and add to each User’s account the points obtained. The points can be viewed in the User interface in the top menu and will be visible at all times. The points in the User’s account will be updated when the advertising content provider verifies that the action has been executed correctly and communicates it to GUMS UP. The time will vary depending on the provider of the digital content. If the provider does not validate the action taken, GUMS UP will not be able to award points to the User.

Users who are not satisfied with their points balance must notify GUMS UP within 30 days of the action to the account info@gumsup.com within GUMS UP. It will be understood that the score is correct after this period of time, without the User giving any warning to the contrary to GUMS UP.

The points obtained for carrying out certain advertising actions offered on the portal, in the event that they have not been used by the User, expire 24 months after they were obtained. After this time they will disappear from the user’s balance. If an account is inactive during the established period of time, the account will be deleted and the GUMS obtained will have no value.

  1. Gifts or gifts.

The performance of actions on the web portal or application owned by GUMS UP is rewarded by points called GUMS, which can be redeemed with gift codes and transfers via PayPal. Different articles will be recommended in the space called “Gifts”, both in the web portal and in the application.

In the space called “Gifts”, the User will be able to access a series of recommended digital articles that can be acquired through links to their official stores or from the GUMS UP portal through PayPal after redeeming the value of the article in points.

The gifts to which the User will be able to access will be the following:

  • AppStore and iTunes Gift Codes
  • Amazon Gift Codes
  • Play Station Network Gift Codes
  • Sending money in amounts less than 30€ via PayPal

In the Catalogue section the products of these shops will be suggested:

  • App Store and iTunes Products
  • Google Products Store
  • Amazon Products
  • Play Station Network Products
  • Xbox Products
  • Films by Filmotech
  • Money via PayPal

The gifts offered by GUMS UP have a totally legal origin, respecting all the industrial and intellectual property rights of the owners of the same.

GUMS UP warns the fact that the gifts that appear in the catalogue are made available to its Users through third party suppliers, which is why the exchange of points for the gifts is essentially conditioned on the availability that the suppliers have on the different gifts. GUMS UP is in no case responsible for the impossibility of exchanging the points for a certain gift that appears in the “Catalogue”. As a consequence of its unavailability, the User will in no case have any right to compensation.

The User will only be able to exchange the points for the available gifts, when his points are reflected in his account, in no case they will be able to be exchanged before they are effective in the interface of the User.

Under no circumstances can points be refunded or exchanged for any gift that is not in the “Catalogue” at the time the User wishes to redeem his/her points, regardless of whether the User decides to close his/her account.

The points are personal and non-transferable, in no case, may be transferred to any third party, whether or not a User of the website.

User’s rights and obligations

The User will be able to access his account at any time, after verifying his identity. When he has verified his identity, the User will be able to carry out the actions suggested by GUMS UP that he wishes.

The User will have access to visualize at all times the gifts that in any case could be offered, to their value in points and to the exchange for the points obtained derived from the actions carried out.

The User will have the right to request the revision of the points in the event that he/she does not agree with the pertinent updates of points or the corresponding points are not granted. For this purpose, he shall have the period of time set out in the previous clause.

The User shall have the right to request GUMS UP to remove any content or gift that it does not consider appropriate or lawful. In any case, the request must be motivated and notified to the email info@gumsup.com that GUMS UP makes available. If GUMS UP receives a request in this sense, it may accept or reject it, but in any case it will respond to it.

Access to the service offered by GUMS UP implies acceptance of all the clauses included both in the legal notice and in the privacy policy and in these general conditions, as well as the current laws in force and the principles of good faith, morality, public order and the correct use of the services offered both on the web portal and in the application.

GUMS UP may cancel any User’s account in accordance with clause 2 of this contract. If an account is inactive during the 1 year period, an email will be sent to the account holder informing him/her and urging him/her to reactivate his/her User or, if not, to redeem the points obtained and close the account. 30 days after GUMS UP sends the notice, without the User reactivating his account or redeeming the points obtained, GUMS UP may cancel the User’s account without the possibility of redeeming points by the user.

GUMS UP’s Responsibility

GUMS UP’s responsibility is defined in the legal notice, which can be accessed by any User at any time located both in the web portal and in the application owned by GUMS UP.

Notwithstanding the foregoing, GUMS UP acts as a mere intermediary between the User and the content provider regarding the content offered. In this sense, GUMS UP will not be responsible in any case for the content visualized by its Users in the different links offered in the web portal or in the application owned by GUMS UP, being the provider or third party responsible for any contingency that may arise in this respect.

As for the disposition of gifts, GUMS UP does not own the gifts that exist in its “Catalogue” section, but only acts as a distributor for the achievement of such gifts. In no case is responsible for the availability or proper functioning of the purchased gifts.

Consequently, the only responsibility GUMS UP has in any case is that it acted negligently or maliciously with respect to the gifts offered by third parties. In all other cases, the User assumes the responsibility of the third party or supplier, indemnifying GUMS UP from all liability and expressly waiving any claims or exercise any actions, judicial or extrajudicial, against GUMS UP for those circumstances that have not been due to negligent or willful misconduct of the company.

In the event that GUMS UP becomes liable for negligent or wilful misconduct, GUMS UP shall be limited to:

  • Credit the amount equivalent to the price of the product purchased by the User or the return of points redeemed by the User in relation to the corresponding gift.

In no event shall GUMS UP be liable for lost profits and any other direct and/or indirect damages that the User may suffer.

Undue use

GUMS UP will consider undue any use made of the web portal or the application of its ownership contrary to these general conditions, the legal notice or the privacy policy, all visible and published both on the web portal and in the application. Consequently, GUMS UP will consider it as a breach of contract on the part of the User.

In the event that GUMS UP considers that a User has made improper use of its application or web portal, GUMS UP reserves the right to immediately and without prior notice delete, cancel or cautiously block the User’s account. Also, in case of misuse by the User of the web portal or application, GUMS UP reserves the right to cancel all existing points in the account and not redeem them at any time.

Modifications

GUMS UP reserves the right to modify, alter or replace, at any time, these General Conditions, Legal Notice or Privacy Policy. It may also modify its points catalogue at any time, as well as expand it, replace it or withdraw it. Likewise, GUMS UP reserves the right to modify the system for obtaining points, the requirements, the increase or reduction of points for carrying out certain actions or the procedure regarding points.

Any modification made by GUMS UP with respect to the provisions of the previous paragraph will be effective from the time it is published on the website or application by updating these General Conditions, Legal Notice or Privacy Policy, providing the update with as much visibility as possible for Users.

Intellectual and industrial property

This website and the mobile application, including but not limited to its programming, editing, compilation, designs, logos, texts and/or graphics are the property of GUMS UP and are protected by national and international regulations on intellectual and industrial property. Access by the User to the website does not grant any right of ownership or exploitation thereof.

The use of third party names is expressly authorized by their owners, so the provider is not responsible for any disputes that may arise about them in this regard, proceeding to its immediate withdrawal as soon as it has reliable evidence of them.

If you see on the website or in the application any content that could infringe intellectual property rights and / or industrial, please inform the provider as soon as possible by sending an email to the direccióninfo@gumsup.com.

Acceptance of these clauses 

By registering, the User expressly acknowledges having understood and accepted all the clauses included in these General Conditions, in the Legal Notice and in the Privacy Policy included in www.gumsup.com, and that, knowing and understanding them, he/she expressly accepts them without any type of exclusion or limitation of responsibility.

Likewise, the User assumes that, except for modification of the present general conditions, which will be published on the web page and will come into force at the moment they are updated, in a visible place for the Users, these are the Conditions that govern the operation and use of GUMS UP. The User is bound to them for the duration of the relationship, not being able to claim in the future their ignorance of the operation or content offered by the web portal and / or the application.

Agreement

The present General Conditions as well as the Legal Notice and Privacy Policy duly published on the web portal, constitute the full, complete and exclusive agreement between GUMS UP and the User. This agreement supersedes, replaces or repeals any prior agreement between the parties regarding the service and content offered by GUMS UP.

These General Conditions have full value. However, the nullity of any of the clauses present in this contract will not imply in any case the nullity of the rest, which will continue to produce effects between GUMS UP and the User.

Notifications

The User may at any time make any type of notification to GUMS UP by sending an e-mail to info@gumsup.com or by post to the Terrassa road address number 272 2º (Sabadell, Barcelona). It will be taken as sufficient the remission that is carried out by any means that accredits the certainty of the content and the reception of the communication.

GUMS UP may, for its part, notify the User of what it considers appropriate by sending either an e-mail to the address provided during registration or included in its User interface or by postal mail in the same way to the address provided by the User during registration or in its User interface. GUMS UP is not responsible for the non-receipt by the User of any notification in the event that the data given are incorrect or have not been modified in its User interface.

Legislation and jurisdiction

For any questions or divergences that may arise in relation to this contract, both parties agree to submit to Spanish law.

Both parties also agree to submit to the Courts and Tribunals of the city of Barcelona, expressly renouncing their own jurisdiction if they have it.

 

Esta entrada también está disponible en: Spanish, Italian, French