Terms & Conditions
GEM REWARDS Terms and Conditions
GEM REWARDS Terms and Conditions of Use
Welcome to GEM Rewards’s Terms and Conditions of Use (these “Terms”). This is a contract
between you and GEM Rewards (as defined further below) along with White Ivory Elephant
Technologies Corporation and we want you to know yours and our rights before you use the
GEM Rewards app powered by IVOREE (“GEM Rewards” or the “App”). Please take a few
moments to read these Terms before enjoying the App, because once you access, view or use the
App, you are going to be legally bound by these Terms (so probably best to read them first!).
Please be aware that if you subscribe to services for a term (the “Initial Term”), then the terms of
your subscription will be automatically renewed for additional periods of the same duration as
the Initial Term at GEM Rewards’s then-current fee (if applicable) for such services, unless you
cancel your subscription in accordance with Section 5 below.
You should also note that Section 13 of these Terms contains provisions governing how claims
that you and GEM Rewards, White Ivory Elephant Technologies have against each other are
resolved. In particular, it contains an arbitration agreement that will, with limited exceptions,
require disputes between us to be submitted to binding and final arbitration. If you are an
existing user or a new user who signed up for GEM Rewards or the IVOREE app, you will only
be permitted to pursue claims and seek relief against us on an individual basis only; and (2) you
are waiving your right to seek relief in a court of law and to have a jury trial on your claims.
And a notice to California subscribers: You may cancel your subscription (if that is applicable)
and request a refund (if that is applicable to any subscription) at any time prior to midnight of the
third business day following the date you subscribed. If you subscribed using your Apple ID,
refunds are handled by Apple, not GEM Rewards. If you wish to request a refund, please
visit https://getsupport.apple.com. If you subscribed using your Google Play Store account or
through GEM Rewards, please contact customer support.
1. GEM REWARDS RULES
Before you can use the App, you will need to register for an account (“Account”). In order to
create an Account you must:
1. be at least 18 years old; and
2. be legally permitted to use the App by the laws of your home country.
You can create an Account via manual registration, or by using your Driver’s License/State ID.
In the future, we may allow you to create an Account using your Facebook login details, in such
an instance, you authorize us to access, display and use certain information from your Facebook
account (e.g. profile pictures, location and information about Facebook friends). For more
information about what information we use and how we use it, please check out our Privacy
Policy.
Unfortunately, we cannot allow you to use another person's Account or to share your Account
with any other person without permission.
You’ll have great fun on GEM Rewards, but if you feel the need to leave, you can delete your
Account at any time by going to the ‘ME’ section when you are logged in and clicking on the
‘Delete account’ button under your “Profile”. Your Account will be deleted immediately but it
may take a little while for Your Content (defined below) to be completely removed from the
App. Your profile information will be treated in accordance with our Privacy Policy. If you
delete your Account and try to create a new account within this time period using the same
credentials, we will re-activate your Account for you.
We reserve the right at our sole discretion to terminate or suspend any Account, or make use of
any operational, technological, legal or other means available to enforce the Terms (including
without limitation blocking specific IP addresses), at any time without liability and without the
need to give you prior notice. Without limiting the foregoing in any way, we expressly reserve
the right to terminate or suspend your Account without notice (1) for violating these terms, (2)
due to your conduct on the App, or your conduct with other users of the App (including your
“offline” conduct), if we, in our sole discretion, determine your conduct was inappropriate or
improper, (3) if we or our affiliates, in our or their sole discretion, determine your conduct on
other apps operated by our affiliates was inappropriate or improper, or (4) for any reasons
whatsoever that we deem, in our sole discretion, justifies termination. If your Account is
terminated or suspended, you agree you will not receive a refund for any paid service or features
you have already been charged for.
You may not access, tamper with, or use non-public areas of the App or our systems. Certain
portions of the App may not be accessible if you have not registered for an Account.
2. TYPES OF CONTENT
There are three types of content that you will be able to access on the App:
1. content that you upload and provide (“Your Content”);
2. content that IVOREE provide (“Operator Content”); and
3. content that the GEM Rewards platform provides (“GEM Content” or “Our Content”).
There is certain content we can’t allow on GEM Rewards.
We want our users to be able express themselves as much as possible and post all sorts of things
on GEM Rewards, but we have to impose restrictions on certain content which:
contains language or imagery which could be deemed offensive or is likely to harass,
upset, embarrass, alarm or annoy any other person;
is obscene, pornographic, violent or otherwise may offend human dignity;
is abusive, insulting or threatening, discriminatory or which promotes or encourages
racism, sexism, hatred or bigotry;
encourages any illegal activity including, without limitation, terrorism, inciting racial
hatred or the submission of which in itself constitutes committing a criminal offence;
is defamatory or libelous;
relates to commercial activities (including, without limitation, sales, competitions and
advertising, links to other websites or premium line telephone numbers);
involves the transmission of “junk” mail or “spam”;
contains any spyware, adware, viruses, corrupt files, worm program or other malicious
code designed to interrupt, damage or limit the functionality of or disrupt any software,
hardware, telecommunications, networks, servers or other equipment, Trojan horse or any
other material designed to damage, interfere with, wrongly intercept or expropriate any
data or personal information whether from GEM Rewards or otherwise;
itself, or the posting of which, infringes any third party’s rights (including, without
limitation, intellectual property rights and privacy rights);
shows another person which was created or distributed without that person’s consent;
is harmful to minors; or
impersonates any other person, including falsely stating your name.
GEM and White Ivory Elephant Technologies operate on a zero-tolerance policy for this kind of
content.
Your Content
You agree that Your Content must comply with our Guidelines as updated from time to time. As
Your Content is unique, you are responsible and liable for Your Content and will indemnify,
defend, release, and hold us harmless from any claims made in connection with Your Content.
You may not display any personal contact or banking information on your individual profile page
whether in relation to you or any other person (for example, names, home addresses or
postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking
details).
If you do choose to reveal any personal information about yourself to other users, in any form or
format, it is at your own risk. We encourage you to use the same caution in disclosing details
about yourself to third parties online as you would under any other circumstances.
As GEM Rewards is a public community, Your Content may be visible to other users of the App
all around the world instantly - so make sure you are comfortable sharing Your Content before
you post. As such, you agree that Your Content may be viewed by other users and any person
visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a
user’s content or shared content from other GEM Rewards Users). By uploading Your Content
on GEM Rewards, you represent and warrant to us that you have all necessary rights and licenses
to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to
use Your Content in any way (including, without limitation, editing, copying, modifying,
adapting, translating, reformatting, creating derivative works from, incorporating into other
works, advertising, distributing and otherwise making available to the general public such
Content, whether in whole or in part and in any format or medium currently known or developed
in the future).
We may assign and/or sub-license the above license to our affiliates and successors without any
further approval by you. We do not have any obligation to store Your Content - if it’s important,
you should make a copy.
Operator and Other Member Content
Operators and other affiliates of GEM Rewards along with other members using the GEM
Rewards app will also share content via the App. Operator, Affiliate and Member Content
belongs to the casino operator, affiliate or other member who posted the content and is stored on
our servers and displayed via the App at the direction of the user providing the Operator Content.
You do not have any rights in relation to other users’ content or affiliates’ content or operator
content, and you may only use other GEM Rewards users’ personal information to the extent that
your use of it matches GEM Rewards’s purpose of allowing social engagement and community
interaction. You may not use other users’ information for commercial purposes, to spam, to
harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse
other users’ information.
Member, Operator and Affiliate Content is subject to the terms and conditions of Sections 512(c)
and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about
Member Content, please see the Digital Millennium Copyright Act section below for more
information.
Our Content
You may be wondering what happens to the rest of the Content on GEM Rewards. Well, it
belongs to us! Any other text, content, graphics, user interfaces, trademarks, logos, sounds,
artwork, and other intellectual property appearing on GEM Rewards are owned, controlled or
licensed by us and are protected by copyright, trademark and other intellectual property law
rights. All right, title and interest in and to Our Content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access
and use Our Content, without the right to sublicense, under the following conditions:
1. you shall not use, sell, modify, or distribute Our Content except as permitted by the
functionality of the App;
2. you shall not use our name in metatags, keywords and/or hidden text;
3. you shall not create derivative works from Our Content or commercially exploit Our
Content, in whole or in part, in any way; and
4. you shall use Our Content for lawful purposes only.
We reserve all other rights.
No Obligation to Pre-Screen Content.
Since GEM Rewards is an online community, we generally try to avoid getting in the way and
therefore don’t assume any obligation to pre-screen any of Your Content or any Member
Content. However, there may be times where we need to step in, and we reserve the right to
review, pre-screen, refuse and/or remove any Member Content and Your Content, including
content exchanged between users in direct messages.
3. RESTRICTIONS ON THE APP
You agree to:
comply with all applicable laws, including without limitation, privacy laws, intellectual
property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
use the services in a professional manner.
You agree that you will not:
act in an unlawful or unprofessional manner including being dishonest, abusive or
discriminatory;
misrepresent your identity, your current or previous positions, qualifications or
affiliations with a person or entity;
disclose information that you do not have the consent to disclose;
stalk or harass any other user of the App; or
create or operate a pyramid scheme, fraud or other similar practice.
We don’t like users misbehaving in the GEM Rewards community. You can report any abuse or
complain about Member Content by contacting us, outlining the abuse and/or complaint. You can
also report a user directly by clicking the ‘Block & Report’ link. We reserve the right to
investigate any possible violations of these Terms, and we may, in our sole discretion,
immediately terminate any user’s right to use of the App without prior notice, as set out further
in Section 1 above.
We don’t control any of the things our users say or do, so you are solely responsible for your
interactions with other users of the App.
YOU UNDERSTAND THAT WHITE IVORY ELEPHANT TECHNOLOGIES, DELAWARE
NORTH AND GEM DO NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND
CHECKS ON ITS USERS. WHITE IVORY ELEPHANT TECHNOLOGIES, DELAWARE
NORTH AND GEM ALSO DO NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS
OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. WHITE IVORY
ELEPHANT TECHNOLOGIES, DELAWARE NORTH AND GEM MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS WITH
ANY CURRENT OR FUTURE USERS. WHITE IVORY ELEPHANT TECHNOLOGIES ,
DELAWARE NORTH AND GEM RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL
BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER
REGISTRATION SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC
RECORDS FOR ANY PURPOSE.
You agree to, and hereby do, release White Ivory Elephant Technologies, Delaware North and
GEM and its successors from any claims, demands, losses, damages, rights, and actions of any
kind, including personal injuries, death and property damage, that either directly or indirectly
arises from your interactions with or conduct of other users of the App. If you are a California
resident, you hereby waive California Civil Code Section 1542, which states, “A general release
does not extend to claims that the creditor or releasing party does not know or suspect to exist in
his or her favor at the time of executing the release and that, if known by him or her, would have
materially affected his or her settlement with the debtor or released party.” The foregoing release
does not apply to any claims, demands, or any losses, damages, rights and actions of any kind,
including personal injuries, death or property damage for any unconscionable commercial
practice by White Ivory Elephant Technologies, Delaware North, GEM or for such party’s fraud,
deception, false, promise, misrepresentation or concealment, suppression or omission of any
material fact in connection with the App.
Scraping or replicating any part of the App without our prior consent is expressly prohibited.
This includes by any means (automated or otherwise) other than through our currently available,
published interfaces - unless you have been specifically allowed to do so in a separate agreement
with us.
4. PRIVACY
For information about how White Ivory Elephant Technologies, GEM collect, use, and share
your personal data, please check out our Privacy Policy. By using GEM Rewards, you
acknowledge that we may use such data in accordance with our Privacy Policy.
5. PAYMENT TERMS
GEM Rewards or IVOREE Platform may offer products and services for purchase on the App
(“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree
that additional terms, disclosed to you at the point of purchase, may apply, and that such
additional terms are incorporated herein by reference.
You may make an In-App Purchase through the following payment methods (“Payment
Method”): (a) making a purchase through a third-party platform such as the Apple App Store and
Google Play Store (“Third Party Store”), or (b) paying with your credit card, debit card, or
PayPal account, which will be processed by a third-party processor. Once you have made an In-
App Purchase, you authorize us to charge your chosen Payment Method. If payment is not
received by us from your chosen Payment Method, you agree to promptly pay all amounts due
upon demand by us.
Subscriptions and Auto-Renewal: GEM Rewards or IVOREE may offer some services as
automatically-renewing subscriptions, e.g., a one-week subscription, one-month subscription, or
three-month subscription (“Premium Services”). IF YOU PURCHASE AN AUTOMATICALLY
RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF
THE PERIOD, UNLESS YOU CANCEL, AT GEM REWARDS or IVOREE’S THEN-
CURRENT PRICE FOR SUCH SUBSCRIPTIONS. To avoid charges for a new subscription
period, you must cancel, as described below, before the end of the then-current subscription
period. Deleting your account or deleting the application from your device does not cancel your
subscription. You will be given notice of changes in the pricing of the Premium Services to
which you have subscribed and an opportunity to cancel. If GEM Rewards or IVOREE changes
these prices and you do not cancel your subscription, you agree that you will be charged at GEM
Rewards or IVOREE’s then-current pricing for subscription.
Cancelling Subscriptions. If you purchased a subscription directly from GEM Rewards or
IVOREE, you may cancel or change your Payment Method via the payment settings option
under your profile. If you purchased a subscription through a Third Party Store, such as the
Apple App Store or the Google Play Store, you will need to access your account with that Third
Party Store and follow instructions to change or cancel your subscription. If you cancel your
subscription, you may use your subscription until the end of the period you last paid for, but (i)
you will not (except as set forth in the subsection entitled “Refunds” below) be eligible for a
prorated refund, (ii) your subscription will not be renewed when that period expires and (iii) you
will then no longer be able to use the Premium Services or In-App Purchases enabled by your
subscription.
Free Trials. If you sign up for a free trial and do not cancel, your trial may convert into a paid
subscription and your Payment Method will be charged at the then-current price for such
subscription. Once your free trial converts to a paid subscription, your paid subscription will
continue to automatically renew at the end of each period, and your Payment Method will be
charged, until you cancel. To avoid charges for a new subscription period, you must cancel
before the end of the then-current subscription period or free trial period as described above.
Deleting your account or deleting the application from your device does not cancel your free
trial.
Refunds.
Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for
partially used periods.
For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New
York, North Carolina, Ohio, Rhode Island, and Wisconsin, the terms below apply:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of
the third business day following the date you subscribed. In the event that you die before the end
of your subscription period, your estate shall be entitled to a refund of that portion of any
payment you had made for your subscription which is allocable to the period after your death. In
the event that you become disabled (such that you are unable to use GEM Rewards or IVOREE)
before the end of your subscription period, you shall be entitled to a refund of that portion of any
payment you had made for your subscription which is allocable to the period after your disability
by providing the company notice in the same manner as you request a refund as described below.
To request a refund:
In addition to cancelling, you must request a refund to receive one. If you subscribed using your
Apple ID, refunds are handled by Apple, not GEM Rewards or IVOREE. To request a refund, go
to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report
Problem”. You can also submit a request at https://getsupport.apple.com.
For all other purchases: please contact customer support with your order number (you can find
the order number in the order confirmation email, or if you purchased from the Google Play
Store by logging in to Google Wallet). You may also mail or deliver a signed and dated notice
which states that you, the buyer, are cancelling this agreement, or words of similar effect. Please
also include the email address or mobile number associated with your account along with your
order number.
This notice shall be sent to:
White Ivory Elephant Technologies Corporations,
Attn.: Cancellations - GEM REWARDS, 251 Little Falls Dr, Wilmington, DE, 19808
Taxes.
The payments required under this Section 5 do not include any Sales Tax that may be due in
connection with the Premium Services provided under these Terms. If GEM Rewards or
IVOREE determines it has a legal obligation to collect a Sales Tax from you in connection with
these Terms, GEM Rewards or IVOREE will collect such Sales Tax in addition to the payments
required under this Section 5. If any Premium Services, or payments for any Premium Services,
under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the
applicable Sales Tax to GEM Rewards or IVOREE, you will be responsible for the payment of
such Sales Tax and any related penalties or interest to the relevant tax authority. As used herein,
“Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the
functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise
impose a sales or use tax.
6. VIRTUAL ITEMS
At times, you may be able to purchase a limited, personal, non-transferable, non-sublicensable,
revocable license to access special limited-use features from GEM Rewards or IVOREE,
referred to here as “Virtual Items.” You can only purchase Virtual Items through GEM Rewards,
IVOREE or GEM Rewards/IVOREE partners. Virtual Items represent a limited license right
governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or
ownership in or to Virtual Items is being transferred or assigned to you. This Agreement, and
your purchase of Virtual Items, does not constitute the sale of any rights in Virtual Items.
Any Virtual Item balance shown in your account does not constitute a real-world balance or
reflect any stored value, but instead shows the extent of your license to access Virtual Items.
Virtual Items do not incur fees for non-use. Your license in Virtual Items will terminate on the
earlier of GEM Rewards or iVOREE ceasing provision of services or your account closing or
terminating. GEM Rewards or IVOREE may also at times provide Virtual Items as bonuses to,
or parts of, paid subscriptions for its services. Your ability to use Virtual Items you have access
to in this manner may terminate at the end of each of your subscription periods and your access
to Virtual Items may not “roll over” or accumulate through additional subscription periods. Your
access to Virtual Items gained through subscriptions may also end if you cancel your
subscription.
GEM Rewards or IVOREE, in its sole discretion, reserves the right to charge fees for the right to
access or use Virtual Items and/or may distribute Virtual Items with or without charge. GEM
Rewards or IVOREE may manage, regulate, control, modify, or eliminate Virtual Items at any
time, including taking actions that may impact the perceived value or purchase price, if
applicable, of any Virtual Items and GEM Rewards or IVOREE shall have no liability to you for
doing so. You shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity.
Virtual Items may only be redeemed through our Services.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR
SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT GEM
REWARDS AND IVOREE ARE NOT REQUIRED TO PROVIDE A REFUND FOR ANY
REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION
FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH
CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
7. PUSH NOTIFICATIONS; LOCATION-BASED FEATURES
We may provide you with emails, text messages, push notifications, alerts and other messages
related to the App and/or the GEM Rewards services, such as enhancements, offers, products,
events, and other promotions. After downloading the App, you will be asked to accept or deny
push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you
accept, push notifications/alerts will be automatically sent to you. If you no longer wish to
receive push notifications/alerts from the App, you may opt out by changing your notification
settings on your mobile device. With respect to other types of messaging or communications,
such as emails, text messages, etc., you can unsubscribe or opt out by either following the
specific instructions included in such communications, or by emailing us with your request
at support@whiteivoryelephant.com
.
The App may allow access to or make available opportunities for you to view certain content and
receive other products, services and/or other materials based on your location. To make these
opportunities available to you, the App will determine your location using one or more reference
points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your
mobile device to disable GPS, Bluetooth or other location determining software or do not
authorize the App to access your location data, you will not be able to access such location-
specific content, products, services and materials. For more about how the App uses and retains
your information, please read the Privacy Policy.
8. DISCLAIMER
THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO
YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE
FOREGOING, WE DO NOT GUARANTEE THE ACCURACY OF ANY DATA DISPLAYED
AT ANY POINT IN TIME.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF
EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR
IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE
WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE
APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR
CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT,
ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER
MEMBERS AND OPERATOR PUBLISHED CONTENT. WHITE IVORY ELEPHANT
TECHNOLOGIES, DELAWARE NORTH AN GEM ARE NOT RESPONSIBLE FOR THE
CONDUCT OF ANY USER. GEM REWARDS DOES NOT CONDUCT CRIMINAL
BACKGROUND CHECKS ON ITS MEMBERS.
9. LIMITATION OF LIABILITY
NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING,
WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF
OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF
YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER
CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT,
PRODUCT LIABILITY OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP
OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP
AND SITE.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE
APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF
DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF
THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE
FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE
HUNDRED DOLLARS ($100).
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE
BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP
AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU
AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS
AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO
HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY
TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT
MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY
APPLICABLE LAW.
10. INDEMNITY
All the actions you make and information you post, access, review or use on GEM Rewards and
IVOREE remain your responsibility. Therefore, you agree to indemnify, defend, release, and
hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees,
representatives and agents, harmless, from and against any third party claims, damages (actual
and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses
(including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in
connection with:
1. any negligent acts, omissions or willful misconduct by you;
2. your access to and use of the App;
3. the uploading or submission of Content to the App by you;
4. any breach of these Terms by you; and/or
5. your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action
which are brought against us without your prior consent. If we ask, you will co-operate fully and
reasonably as required by us in the defense of any relevant claim.
The foregoing provision does not require you to indemnify White Ivory Elephant Technologies,
Delaware North and GEM for any unconscionable commercial practice or any fraud, deception,
false promise, misrepresentation or concealment, suppression or omission of any material fact in
connection with the App.
11. DIGITAL MILLENNIUM COPYRIGHT ACT
White Ivory Elephant Technologies and GEM have adopted the following policy towards
copyright infringement in accordance with the Digital Millennium Copyright Act (the
“DMCA”).
If you believe any Member Content infringes upon your intellectual property rights, please
submit a notification alleging such infringement (“DMCA Takedown Notice”) including the
following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a
representative list of such works;
3. Identification of the material claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access disabled and information reasonably
sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an
address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner
complained of is not authorised by the copyright owner, its agent, or the law; and
6. A statement that, under penalty of perjury, the information in the notification is accurate
and you are authorised to act on behalf of the owner of the exclusive right that is
allegedly infringed.
Any DMCA Takedown Notices should be sent to White Ivory Elephant Technologies’ Copyright
Agent at: support@whiteivoryelephant.com
12. THIRD PARTY APP STORE
The following additional terms and conditions apply to you if you download the App from a
Third Party Store. To the extent that the other terms and conditions of these Terms are less
restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more
restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to
the App and the Third Party Store. You acknowledge and agree that:
1. These Terms are concluded solely between you, GEM and White Ivory Elephant
Technologies and not with the providers of the Third Party Store, and GEM, White Ivory
Elephant Technologies (and not the Third Party Store providers) is solely responsible for
the App and the content thereof. To the extent that these Terms provide for usage rules for
the App which are less restrictive or in conflict with the applicable terms of service of the
Third Party Store from which you obtain the App, the more restrictive or conflicting term
of the Third Party Store will take precedence and will apply.
2. The Third Party Store provider has no obligation whatsoever to provide any maintenance
and support services with respect to the App. GEM is solely responsible for any product
warranties, whether express or implied by law, to the extent not effectively disclaimed.
The Third Party Store provider will have no warranty obligation whatsoever with respect
to the App, and any other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty will be the sole responsibility of the
White Ivory Elephant Technologies.
3. GEM, not the Third Party Store provider, is responsible for addressing any claims you or
any third party may have relating to the App or your possession and/or use of the App,
including, but not limited to: (i) product liability claims; (ii) any claim that the App fails
to conform to any applicable legal or regulatory requirement; (iii) claims arising under
consumer protection or similar legislation; and/or (iv) intellectual property infringement
claims.
4. The Third Party Store provider and its subsidiaries are third party beneficiaries of these
Terms, and, upon your acceptance of these Terms, the Third Party Store provider from
whom you obtained the App will have the right (and will be deemed to have accepted the
right) to enforce these Terms against you as a third party beneficiary thereof.
In the event of a conflict between a Third Party Store’s or mobile carrier’s applicable terms and
conditions and these Terms, the terms and conditions of the Third Party Store or mobile carrier
shall govern and control. We are not responsible and have no liability whatsoever for third-party
goods or services you obtain through a Third Party Store or mobile carrier. We encourage you to
make whatever investigation you feel necessary or appropriate before proceeding with any online
transaction with any of these third parties.
13. DISPUTE RESOLUTION
Please read the following arbitration agreement in this Section (“Arbitration Agreement”)
carefully. This agreement requires you to arbitrate disputes with White Ivory Elephant
Technologies, Delaware North and GEM and limits the manner in which you seek relief from us.
1. When Does This Arbitration Agreement Apply? This Arbitration Agreement applies to any
dispute or claim relating to your use of our App or any other aspect of your relationship with
White Ivory Elephant Technologies, Delaware North and GEM. It requires that, and by entering
into these Terms you agree, that such claims will be resolved by binding arbitration, rather than
in court, except that (i) you may assert claims in small claims court if your claims qualify; and
(ii) you or White Ivory Elephant Technologies, Delaware North, GEM may seek equitable relief
in court for infringement or misuse of intellectual property rights.
2. How Do You Start The Arbitration Process? To begin the arbitration proceeding, you must
send a letter requesting arbitration and describing your claim to our registered agent: CSC
Corporation, 251 Little Falls Dr, Wilmington, DE, 19808
3. What Are The Rules Of Arbitration? The Federal Arbitration Act governs the interpretation
and enforcement of this Arbitration Agreement. The arbitration will be governed by JAMS, an
established alternative dispute resolution provider. Disputes involving claims and counterclaims
under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most
current version of the Streamlined Arbitration Rules and procedures available
at: http://www.jamsadr.com/rules-streamlined-arbitration/. All other claims will be subject to
JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available
at: http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’ rules are also available
at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate,
the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to
pay JAMS’ filing, administrative, hearing and/or other fees and cannot obtain a waiver from
JAMS, White Ivory Elephant Technologies, GEM will pay them for you. In addition, White
Ivory Elephant Technologies, GEM will reimburse all such JAMS’ filing, administrative, hearing
and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims
are frivolous. You may choose to have the arbitration conducted by telephone, based on written
submissions, or in person in the country where you live or at another mutually agreed location.
4. What Can The Arbitrator Decide? The arbitrator has the exclusive authority to (i) determine
the scope and enforceability of this Arbitration Agreement, and (ii) resolve any dispute related to
the interpretation, applicability, enforceability or formation of this Arbitration Agreement
including, but not limited to, any claim that all or any part of this Arbitration Agreement is void
or voidable. The arbitrator will have the authority to grant motions dispositive of all or part of
any claim. The arbitrator will have the authority to award monetary damages and to grant any
non-monetary remedy or relief available to an individual under applicable law, the arbitral
forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator will
issue a written award and statement of decision describing the essential findings and conclusions
on which the award is based, including the calculation of any damages awarded. The arbitrator
has the same authority to award relief on an individual basis that a judge in a court of law would
have. The award of the arbitrator is final and binding upon you and us.
5. No Jury Trials. By agreeing to arbitration, YOU AND WHITE IVORY ELEPHANT
TECHNOLOGIES ALONG WITH DELAWARE NORTH AND GEM ARE EACH AGREEING
TO WAIVE OUR RIGHTS TO A JURY TRIAL. Instead, you and White Ivory Elephant
Technologies along with Delaware North and GEM are electing that all claims and disputes will
be resolved by arbitration under this Arbitration Agreement, except as described in Section 13(1)
above. An arbitrator can award on an individual basis the same damages and relief as a court and
must follow this Agreement as a court would. However, there is no judge or jury in arbitration,
and court review of an arbitration award is subject to very limited review.
6. One At A Time. All claims and disputes within the scope of this Arbitration Agreement
MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR
COLLECTIVE BASIS, AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS
ACTION OR ANY OTHER CLASS PROCEEDING. Only individual relief is available, and
claims of more than one customer or user cannot be arbitrated or consolidated with those of any
other customer or user. The arbitration proceeding will not be consolidated with any other
matters or joined with any other cases or parties. If a decision is issued stating that applicable law
precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then
the claim must be severed from the arbitration and brought into the State or Federal Courts
located in New Castle County, Delaware. All other claims shall be arbitrated.
7. 31-Day Right to Opt. You have the right to opt out of the provisions of this Arbitration
Agreement by sending written notice of your decision to opt out
to: Support@whiteivoryelephant.com, within 31 days after first becoming subject to this
Arbitration Agreement. Your notice must include your name and address, your GEM Rewards
username (if any), the email address you used to set up your GEM Rewards account (if you have
one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you
opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to
you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements
that you may currently have, or may enter in the future, with us.
8. Severability. Except as provided in subsection 13(6), if any part or parts of this Arbitration
Agreement are found under the law to be invalid or unenforceable, then such specific part or
parts shall be of no force and effect and shall be severed and the remainder of the Arbitration
Agreement shall continue in full force and effect.
9. Survival of Agreement. The terms of this Arbitration Agreement will continue, even after your
relationship with White Ivory Elephant Technologies and GEM has ended.
14. TERMINATION AND REMEDIES
These Terms commence on the date you accept them (as described in the preamble) and continue
until terminated in accordance with the terms herein.
If you want to terminate these Terms, you may do so by (a) notifying White Ivory Elephant
Technologies and GEM at any time, and (b) closing your Account. Your notice should be sent to
White Ivory Elephant Technologies and GEM’s address below. Please note that if you terminate
these Terms, your subscription will continue until the end of the subscription period for which
applicable fees have been paid, and you will not be entitled to a refund except as stated in
Section 5.
White Ivory Elephant Technologies and GEM may terminate or suspend these Terms, including
your Account, if you breach these Terms or if White Ivory Elephant Technologies and GEM are
required to do so by applicable law. You agree that all terminations for cause shall be made in
White Ivory Elephant Technologies or GEM’s sole discretion and that White Ivory Elephant
Technologies and GEM shall not be liable to you or any third party for any termination of your
Account.
In the event that White Ivory Elephant Technologies or GEM determines, in its sole discretion,
that you have breached any portion of these Terms, or have otherwise demonstrated conducted
inappropriate for the App, White Ivory Elephant Technologies and GEM reserve the right to: (a)
warn you via email (to any email addresses you have provided to White Ivory Elephant
Technologies and GEM) that you have violated the Terms; (b) delete your User Content; (c)
discontinue your Account; (d) discontinue your subscription(s); (e) notify and/or send your User
Content to and/or fully cooperate with the proper law enforcement authorities for further action;
and/or (f) pursue to any other action which White Ivory Elephant Technologies and GEM deems
to be appropriate.
Termination of these Terms or your Account includes the removal of access to your Account, and
all related information and content associated with or inside your Account.
All provisions of these Terms, which by their nature should survive, shall survive termination of
these Terms, including, without limitation, the Arbitration Agreement, ownership provisions,
warranty disclaimers and limitation of liability.
15. MISCELLANEOUS
There are a few more things we need to mention before you can use GEM Rewards.
These Terms, which we may amend from time to time, constitute the entire agreement between
you and White Ivory Elephant Technologies along with GEM. The Terms supersede all previous
agreements, representations and arrangements between us (written or oral), excluding the
Privacy Policy. Nothing in this clause shall limit or exclude any liability for fraudulent
misrepresentation.
White Ivory Elephant Technologies and GEM have taken reasonable steps to ensure the
currency, availability, correctness and completeness of the information contained on GEM
Rewards, IVOREE and provides that information on an available basis does not
give or make any warranty or representation of any kind about the information contained on
GEM Rewards, IVOREE whether express or implied. Use of GEM Rewards, IVOREE and the
materials available on it is at your sole risk. White Ivory Elephant Technologies and GEM are
not responsible for any loss arising from the transmission, use of data, or inaccurate Member
Content.
You are responsible for taking all necessary precautions to ensure that any material you may
obtain from GEM Rewards, IVOREE is free of viruses or other harmful components. You accept
that GEM Rewards, IVOREE will not be provided uninterrupted or error free, that defects may
not be corrected or that White Ivory Elephant Technologies, GEM or the server that makes it
available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software.
White Ivory Elephant Technologies, GEM are not responsible for any damage to your computer
hardware, computer software, or other equipment or technology including, but without limitation
damage from any security breach or from any virus, bugs, tampering, fraud, error, omission,
interruption, defect, delay in operation or transmission, computer line or network failure or any
other technical or other malfunction.
The communications between you and White Ivory Elephant Technologies, GEM may take place
via electronic means, whether you use the App or send White Ivory Elephant Technologies
emails, or whether White Ivory Elephant Technologies posts notices in the App or communicates
with you via email.
For contractual purposes, you (a) consent to receive communications from White Ivory Elephant
Technologies and GEM in electronic form; and (b) agree that all terms and conditions,
agreements, notices, disclosures, and other communications that White Ivory Elephant
Technologies and GEM provide to you electronically satisfy if it were to be in writing. The
foregoing does not affect your statutory rights, including but not limited to the Electronic
Signatures in Global and National Commerce Act at 15 U.S.C. Sec. 7001 et. seq.
Terms & Conditions – Subject to Change
As GEM Rewards and IVOREE grows, we might have to make changes to these Terms so we
reserve the right to modify, amend or change the Terms at any time. If we do this
then the Changes will be posted on this page and we will indicate the Effective Date of the
updates at the bottom of the Terms. In certain circumstances, we may send an email to you
notifying you of a Change. You should regularly check this page for notice of any Changes – we
want our users to be as informed as possible.
Your continued use of GEM Rewards and IVOREE following any Change constitutes your
acceptance of the Change and you will be legally bound by the new updated Terms. If you do not
accept any Changes to the Terms, you should stop using GEM Rewards and IVOREE
immediately.
Additional items:
If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a
court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable,
it shall be severed and deleted from the Terms and the remainder of the Terms shall survive,
remain in full force and effect and continue to be binding and enforceable.
No failure or delay in exercising any right, power or privilege under the Terms shall operate as a
waiver of such right or acceptance of any variation of the Terms and nor shall any single or
partial exercise by either party of any right, power or privilege preclude any further exercise of
the right or the exercise of any other right, power or privilege.
You represent and warrant that:
1. you are not located in a country that is subject to a U.S. Government embargo, or that has
been designated by the U.S. Government as a country; and
2. you are not listed on any U.S. Government list of prohibited or restricted parties.
By using the App, you agree and acknowledge that GEM Rewards, IVOREE is a global app
operating through servers located in a number of countries around the world, including the
United States. If you live in a country with data protection laws, the storage of your personal data
may not provide you with the same protections as you enjoy in your country of residence. By
submitting your personal information, or by choosing to upgrade the services you use, or by
making use of the applications available on GEM Rewards, IVOREE you agree to the transfer of
your personal information to, and storage and processing of your personal information in, any
such countries and destinations.
The App may contain links to third-party websites or resources. In such cases, you acknowledge
and agree that we are not responsible or liable for:
1. the availability or accuracy of such websites or resources; or
2. the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement. You acknowledge sole
responsibility for and assume all risk arising from your use of any such websites or resources.
Framing, in-line linking or other methods of association with the App are expressly prohibited
without first obtaining our prior written approval.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned
by you, but may be assigned by us without restriction.
In the event there is a discrepancy between this English language version and any translated
copies of the Terms, the English version shall prevail.
If you have any questions, complaints or claims with respect to the App, please contact us
at support@whiteivoryelephant.com.
16. GOVERNING LAW AND FORUM.
Subject to Section 13(3), your access to the App, Our Content, and any Member Content, any
claims arising from or related to your relationship with White Ivory Elephant Technologies,
GEM and these Terms are governed and interpreted by the laws of the State of Delaware. All
claims arising out of or relating to these Terms and/or your relationship with White Ivory
Elephant Technologies and GEM that for whatever reason are not submitted to arbitration, and
all claims or cases challenging the enforceability or applicability of the arbitration provisions
herein, will be litigated exclusively in the federal or state courts of Delaware. You agree that such
courts shall have personal jurisdiction and venue and waive any objection based on inconvenient
forum. You agree that you will not file or participate in a class action against us.
17. WHITE IVORY ELEPHANT TECHNOLOGIES AND GEM
The Terms constitute a binding legal agreement between you as user (“you”) and White Ivory
Elephant Technologies, GEM (“we” or “us”). White Ivory Elephant Technologies, GEM
includes, but is not limited to, White Ivory Elephant Technologies (a Delaware registered C-
Corp) and GEM REWARDS (a wholly owned subsidiary of Delaware North Co.)
The GEM REWARDS app, IVOREE app are designed to seek permission and consent from
users to use Location information – at all times. Should the user decline the Location information
sharing with the app, then such information is unavailable to the app.
Location services may be used to allow users to earn entries into various promotions – resulting
in eligibility to win various awards. When a user is within an operator’s location, the app allows
users to start earning entries into such promotions in a passive manner without the user having to
engage with the app – click buttons etc. Such passive promotional engagements have rich
rewards within the app.
In addition to the above, location information may be essential for operators to allow certain
promotional activities to take place within their premises, i.e. when the user is using the app
within the operator’s geographical premises.
User consent and permission to provide location information to the app even when the app is not
in active use, allows the operators to engage with the user in a meaningful manner as it pertains to
such promotional and marketing awards related activities.