The present terms and conditions along with the policy of privacy and the pertinent legal warning whose writing is put to the disposition of the User by means of this page Web, constitute the set of rights and obligations that have so much GUMS UP as the User and establish the contractual relation of binding character that will unite both parts by means of the registry in the vestibule.
www.gumsup.com is a website dedicated to advertising. In it you can see advertising content owned by the advertisers, conduct surveys raised by the suppliers of GUMS UP or perform actions in exchange for points.
The GUMS UP project consists of a platform that allows the purchase of digital products from the main online stores free of charge for the User.
GUMS UP offers the possibility of obtaining products that have been obtained in a legal and licit way before the legal holders of intellectual property of the same ones and that are lodged in their portal. Also, a whole class of products exists that are not property of GUMS UP, but only GUMS UP suggests or recommends their purchase through the vestibule, redirecting the interested User to the vestibule owner of the offered product, fulfilling all the rights of intellectual property.
GUMS UP has a web portal and mobile application where it offers a great variety of digital products (applications for mobiles, games, movies, music and books) that the User will be able to download doing different actions. These actions will allow you to earn points, called GUMS, which you can later redeem for the listed digital goods through gift codes or redeem for money through each User’s personal PayPal account.
In order to use GUMS UP it is necessary to be a registered User in the web portal or in the application. For it a form in which different data from personal character are required to be able to accede to the contents that GUMS UP puts to its disposition must be complimented. There is also the option of registering through Facebook, in which case the User, through the so-called platform, agrees to let GUMS UP obtain all the necessary data for registration.
At the time of registration a User account will be generated in which the points obtained by the User will be noted and accumulated.
By means of the procedure of registry and the acceptance of the present general conditions the User accepts specifically all the general conditions, policy of privacy and to make a 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 it is understood badly use of GUMS UP the noncompliance of the Terms and General Conditions, of the regulation of GUMS UP, the politics of privacy, as well as the norms of operation that are related next:
- 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 the accounts of the User.
- Legal entities may not register on the website or in the application. In the case that GUMS UP detects that there are legal persons behind a certain User it will proceed to cancel the account.
- The access to the web portal or application owned by GUMS UP is limited to those over 14 years old. The User, when accepting the present general conditions and facilitating the data of registry, accepts and takes responsibility of the facilitated data, reason why GUMS UP will lack responsibility in case the data were false. In case GUMS UP detected it it would cancel the account of the minor instantly.
- Anyone 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. The parents, guardians or legal representatives of minors are informed that there are mechanisms and in particular computer programs for filtering and blocking, which enable access to the available content to be limited.
OPERATION OF THE WEBSITE AND MOBILE APP
www.gumsup.com provides digital contents of advertising or statistical nature to the Users so that they can access them and thus obtain points called GUMS. The content that appears in the diverse digital platforms of GUMS UP are videos, photographies, images, banners, drawings, writings of all type, announcements, questionnaires, surveys, games, applications, etc. that with general character will have an advertising or statistical purpose, elaborated by third parties.
GUMS UP manifests that it acts like mere intermediary with respect to the contents that, directly or by means of connection, are available in the space ownership of GUMS UP. The contents that appear in the platform of GUMS UP have been made by third, that in any case will be the only people in charge of such. In this sense when the User accedes to a Web or digital platform of a third party, GUMS UP is not made responsible either for the content of the same one, or of the actions of the User, or of the data that the User facilitates to the holder of this platform, or of the rights or obligations that contract when acceding to the platform, that will be governed in any case by the legal warning, politics of privacy and general conditions of the holder of the Web, application or digital platform. Also, GUMS UP does not become person in charge of the actions that the User makes in webs, applications or any digital platform that is not ownership of GUMS UP.
As it is mentioned previously, GUMS UP by means of its web page and its application, makes available of its Users digital contents for the accomplishment of different actions that will be interchanged by points that will be denominated GUMS.
The User by means of the visualization, reading, access, completion, game or any action that can be made through the web portal or application of GUMS UP obtains points. GUMS UP shows before the accomplishment of this action the points that will obtain in case of executing it.
The points that can be obtained according to the visualized content or the accomplishment of a certain action, will vary to criterion of GUMS UP, that in any case will show the amount of points that grants the accomplishment of each certain action, before its execution. The User will be able to obtain a maximum of 30,000 GUMS every 24 hours. If the User exceeds this amount, he will be blocked from accessing the ‘Earn Gums’ section until the next 24 hours.
When carrying out each specific action, GUMS UP will grant and add to the account of each User the points obtained. The points can be seen in the User interface in the upper menu and will be visible at all times. The points will be updated in the account of the User when the supplier of the advertising content verifies that the action has been executed correctly and communicates it to GUMS UP. The time will vary depending on the supplier of the digital contents. In case the supplier didn’t validate the executed action, GUMS UP won’t be able to give the points to the User.
The User who was not satisfied with his balance of points must communicate it within 30 days from the realization of the action, to the account email@example.com property of GUMS UP. It will be understood that the punctuation is correct passed this period of time, without the User warned of the opposite to GUMS UP.
The points obtained for carrying out certain advertising actions offered on the portal, if not used by the User, expire 24 months after they are 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.
- GIFTS OR PRESENTS
The accomplishment of actions in the web portal or application ownership of GUMS UP is rewarded by means of points denominated GUMS, that will be able to be exchanged with codes gift and transfers via PayPal. Different articles will be recommended in the space denominated “Gifts”, as much in the Web portal as in the application.
In the space called ‘Gifts’, the User can access a series of recommended digital items that can be purchased through links to their official stores or from the GUMS UP portal through PayPal after redeeming the value of the item in points.
The gifts to which the User may have access are the following:
- AppStore and Itunes Gift Codes
- Amazon Gift Codes
- Play Station Network Gift Codes
- Sending money in amounts less than 30â??s via PayPal
In the Catalogue section the products of these shops will be suggested:
- App Store and Itunes products
- Google Store products
- Products from Amazon
- Play Station Network Products
- Xbox Products
- Filmotech Films
- Money via PayPal
The gifts offered by GUMS UP have a totally legal origin, respecting all the rights of industrial and intellectual property of the holders of the same.
GUMS UP notices the fact that the gifts that appear in the catalogue, are made available to its Users by means of third suppliers, reason why the exchange of the points for the gifts is conditioned in an essential way to the availability that the suppliers have on the different gifts. GUMS UP is in no way responsible for the impossibility of redeeming the points for a particular gift listed in the â??Catalogueâ?. As consequence of its unavailability, the User will not have in any case right to indemnification.
The User can only redeem the points for the available gifts, when their points are reflected in their account, in no case can be redeemed before they are effective in the user interface.
Under no circumstances can points be refunded or exchanged for any gift that is not in the ‘Catalogue’ at the time that 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 can they be transferred to any third party, whether or not they are Users of the website.
USER RIGHTS AND OBLIGATIONS
The User may access his account at any time, after verifying his identity. When his identity has been verified, the User will be able to carry out the actions suggested by GUMS UP.
The User will have access to visualize at all times the gifts that could be offered in any case, at their value in points and the exchange for the points obtained from the actions carried out.
The User will have the right to request a review of the points in case he/she does not agree with the relevant points updates or is not awarded the corresponding points. To do so, the user will have the period of time set out in the previous clause.
The User will have the right to request to GUMS UP the retirement of any content or gift that it did not consider appropriate or lawful. In any case the request will have to be motivated and notified to the mail firstname.lastname@example.org that GUMS UP makes available. In case of receiving a request in this sense GUMS UP will be able to accept it or to reject it but in any case it will respond to the same one.
The access to the service offered by GUMS UP implies the acceptance of all the clauses included so much in the legal warning, as in the politics of privacy and in the present general conditions as well as to the current effective laws and to the principles of good faith, to the morality, to the public order and to the correct use of the services that are offered so much in the web portal as in the application.
GUMS UP may cancel the account of any User in accordance with the provisions of clause number 2 of this contract. In case an account was inactive during the period of 1 year, an e-mail would be sent to the holder of the account informing him/her and urging him/her to reactivate his/her User or, otherwise, to proceed to the redemption of the points obtained and to close the account. After 30 days since GUMS UP sends the notice, without the User reactivates his account or redeems the points obtained, GUMS UP will be able to cancel the account of the User without possibility of redemption of points on the part of the user.
GUMS UP LIABILITY
The responsibility of GUMS UP is defined in the legal warning, to which any User can accede at any time located as much in the Web portal as in the application ownership of GUMS UP.
Notwithstanding the above, GUMS UP acts as a mere intermediary between the User and the content provider regarding the contents offered. In this sense, GUMS UP will not be responsible in any case for the content that their Users visualize in the different links offered in the web portal or in the application ownership of GUMS UP, being the supplier or third party responsible for any contingency that could arise on the matter.
As for the disposition of the gifts, GUMS UP is not the owner of the gifts that exist in its â??Catalogueâ? section, but only acts as a distributor for the achievement of these gifts. In no case is it responsible for the availability or the good functioning of the acquired gifts.
Consequently, the only responsibility that GUMS UP has in any case is that it acted in a negligent or fraudulent manner with respect to the gifts offered by third parties. In the rest of the cases, the User assumes that the responsibility is of the third party or supplier, leaving GUMS UP free of all responsibility and renouncing expressly to make claims or to exercise any actions, judicial or extrajudicial, against GUMS UP for those circumstances that have not been due to a negligent or fraudulent action of the company.
In the event that GUMS UP is found to be responsible for a negligent or willful act, GUMS UP will be limited to:
- To pay the amount equivalent to the price of the product acquired by the User or the return of the points exchanged by the User in relation to the corresponding gift.
In no case GUMS UP will be responsible for the lost profit and any other direct and/or indirect damages that could suffer the User.
GUMS UP will consider undue any use that is made of the web portal or of the application of its ownership contrary to these general conditions, to the legal warning or to the policy of privacy, all this visible and published so much in the web portal as in the application. Consequently, GUMS UP will consider it as a breach of contract on the part of the User.
In case it was evidenced and GUMS UP considered that a User has made an improper use of its application or web portal, GUMS UP reserves the right to eliminate, cancel or cautiously block immediately and without previous notice, the account of the User. Also, in case of a misuse by the User of the web portal or application, GUMS UP reserves the right to cancel all the existing points in the account and not to redeem them at any time.
Any modification that GUMS UP makes with respect to the established in the previous paragraph will be effective from the moment in which it is published in the page Web or application by means of the update of the present General Conditions, Legal Warning or Policy of Privacy, equipping the update with the greater possible visibility for the Users.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The present Web site and the mobile application, including but not limited to its programming, edition, compilation, designs, logos, texts and/or graphics are property of GUMS UP, they are protected by the national and international regulations on intellectual and industrial property. The access on the part of the User to the Web site does not grant any right of property or operation on such.
The use of the names of third parties is expressly authorized by their owners, so the provider is not responsible for any disputes that may arise in this regard, proceeding to withdraw them immediately as soon as it has reliable evidence of them.
If you see on the website or in the application any content that could violate intellectual and/or industrial property rights, please inform the provider as soon as possible by sending an email to the address email@example.com.
ACCEPTANCE OF THESE CLAUSES
Also, the User assumes that, except for modifications of the present general conditions, which will be published in the page Web and will enter in force at the moment at which they are updated, in a visible place for the Users, these are the Conditions that govern the operation and the use of GUMS UP. The User remains bound to them while the relationship lasts, not being able to allege in the future its ignorance of the operation or the content that offers the web portal and/or the application.
The present General Conditions as well as the Legal Warning and the Policy of Privacy properly published in the Web portal, constitute the full, complete and exclusive agreement between GUMS UP and the User. The present agreement substitutes, replaces or repeals any previous agreement between the parts with relation to the service and content offered by GUMS UP.
The present General Conditions have full value. Nevertheless, the nullity of some of the present clauses in this contract, will not imply in any case the nullity of the rest, that will continue producing effects between GUMS UP and the User.
The User will be able at any time to make any type of notification to GUMS UP by means of the shipment of an electronic mail to firstname.lastname@example.org or by means of postal mail to the direction highway of Terrassa number 272 2Âº (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 on the other hand will be able to notify what it considers opportune to the User remitting him/her or by means of an electronic mail to the address facilitated during their registration or included in their interface of User or by means of postal mail in the same way to the address facilitated by the User during the registration or in their interface of User. GUMS UP is not responsible for the non reception by the User of any notification in case the data given are incorrect or have not been modified in its User interface.
LEGISLATION AND JURISDICTION
For any questions or differences that may arise in relation to this contract, both parties agree to submit to Spanish law.
Likewise, both parties agree to submit to the Courts and Tribunals of the city of Barcelona, expressly renouncing their own jurisdiction if they have one.