Last Updated: March 1st, 2026 (1002)
THESE TERMS ARE SUBJECT TO A BINDING ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS, AS DETAILED IN SECTION 12. YOU AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN BETWEEN YOU AND COMPANY OR MAY ARISE PURSUANT TO THESE TERMS OR THE USE OF THE COMPANY SERVICES, AS DEFINED BELOW, WILL BE RESOLVED IN ACCORDANCE WITH THE PROCEDURE IN SECTION 12. PLEASE READ THAT SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS.
These Terms of Service (these “Terms”) constitute a legally binding agreement that governs the relationship between Game Story Ltd. (“Company”, “we”, “our”, or “us”), and you (“you” or “user“) and govern your use of the social applications Solitaire Stash and Bingo Bling, available on mobile devices through Google Play, including all features, content, and other services therein (the “App(s)“), and our associated website Gmstry.com (“Website”) (collectively with the Apps, the “Services“).
By registering an account, or using the Services, you acknowledge and agree that you have read, understood and accepted to be bound by these Terms including the Privacy Policy and any applicable rules and guidelines incorporated herein by reference. If you do not agree to these Terms, our Privacy Policy or the Additional Terms (as defined below), you may not use or access our Services.
The Services are for amusement purposes only, and do not offer real money gaming or an opportunity to win real money or real-world prizes. No actual money or anything of value can be won playing the games offered through the Services, and no actual money is required to play, even though the Services may offer the opportunity to purchase certain Virtual Items (as defined below).
Company reserves the right at any time, in its sole discretion, to revise, modify or terminate these Terms, or any part thereof, including but not limited to updates affecting gameplay mechanics, Virtual Items, advertising models, and reward structures, with or without notice. In case of material changes, we will make commercially reasonable efforts to provide notice as practicable and required by applicable law. You agree that we may notify you of any updated or new Terms by posting a notice on the Services. It is your responsibility to check the Services and the Terms periodically for updates. Except as explicitly set forth herein, all such changes are effective immediately when we post them, or at such later date as may be specified in the notice of updated Terms. Your continued use of the Services after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms. If you do not agree to these Terms, as they shall be updated from time to time, your only remedy is to discontinue your use of the Services and close your account.
Company may post, publish, change or replace, from time to time, additional terms of use, rules, policies, guidelines or similar documents related to the use of the Services, including without limitation to specific game features and mechanics, in-app rewards, or other activities and features offered by Company from time to time (collectively the “Additional Terms”). Any reference herein to the Terms shall also include any such Additional Terms. If any Additional Terms conflict with these Terms, the Additional Terms will control solely with respect to their subject matter, and these Terms will otherwise remain in full force and effect.
You understand that the Services are evolving and may change from time to time at our sole and absolute discretion. You may be required to accept updates to the Services, including, without limitation, to any advertising models, or virtual currency balances offered by Company. You acknowledge that Company may perform updates to the Services which you have downloaded remotely and agree that Company may update the Services and their features with or without notifying you.
We reserve the right, at any time, temporarily or permanently, with or without notice, in whole or in part, at our sole and absolute discretion, to: modify, restrict, or discontinue features related to, in-game purchases, or virtual currency availability; stop offering or supporting certain game modes or competitions; remove or change eligibility requirements for participating in in-game events; limit the Services’ availability to any user, geographic area, or jurisdiction; or offer opportunities to some or all users of the Services. If that happens, Company is not required to provide refunds, benefits or other compensation to users in connection with discontinued features, in-game currency (including Virtual Items, as defined below), or rewards. You agree that we will not be liable to you or to any third party for any modification, suspension, discontinuance of the Services, in whole or in part; including but not limited to any loss of in-game progress, earned virtual currency, or ad-based incentives due to changes in the Services.
Certain parts within the Services may require you to register for an account. You may establish, maintain, use and control only one account on the Services. Each account on the Services may be owned, maintained, used and controlled by only one individual. Upon registration, or at any time following registration, at our discretion, we may request that you provide us with certain personal information, such as full name, date of birth, email address and phone number to verify your account, ensure that you comply with the eligibility requirements below and prevent fraud. We will use such information only in accordance with our Privacy Policy.
You agree to supply Company with accurate, complete, and up-to-date information. You are responsible for updating the above-mentioned information as needed and you are solely liable for any damage incurred by us or by you as a result of any incorrect information or as a result of not updating such information in case of any relevant changes.
In addition, you are responsible for safeguarding the account that you use to access the Services and for any activities or actions under your account. You should not disclose or give any other person access to your account. Company will not be liable for any loss or damage arising from your failure to comply with the above requirements. By registering an account, you agree to notify us immediately if you have lost control of, or suspect there is unauthorized activity in, your account. You remain fully liable for any actions taken with respect to your account, regardless of whether these actions were taken by you or an unauthorized third party that has gained access to your account.
As the holder of your account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to: (i) access or use your account; (ii) access or use the Services through your account; or (iii) accept or transfer Virtual Items (as defined below) or rewards from another user, except as permitted within the Services. Any attempt to sell, trade, or transfer accounts, Virtual Items, rewards or any other benefit, is strictly prohibited and may result in account suspension or termination and forfeiture of any associated Virtual Items, rewards or benefits, or any other remedy permitted by law, in our sole discretion and without notice.
We reserve the right at any time to investigate your account and related activity in order to ensure compliance with these Terms, Additional Terms and our policies and to detect and prevent any fraud, abuse, security incidents, violations of any law and to comply with applicable legal obligations. In connection with any such activity, subject to any applicable law, we may collect, use, retain and disclose information to third parties to achieve such purposes.
In order to be eligible to register an account and use the Services, you must comply with the following terms:
Company reserves the right to request proof of your eligibility, including age and residency verification, at any time to verify that you abide by the representations above. In the event that a request for proof is not completed by you within a reasonable time, or Company has any reason to believe you do not meet the eligibility requirements above, Company may, at its sole discretion, terminate your account, revoke access to any in-game content, rewards or Virtual Items (as defined below) and permanently prohibit access to the Services (or any portion, aspect or feature thereof) without notice or liability. Company may, but is not required to, provide an explanation for any suspension or termination, and may limit or withhold details where necessary for legal, security, fraud prevention, or other legitimate reasons.
Using the Services requires an internet connection to our servers and the processing of certain information from you and your internet-enabled device in order to make the Services available to you, such as hardware system profile data, internet connection data and any other data related to the operation of the Services from any device that logs onto the Services using your account. We will use that information according to our Privacy Policy.
The Services are offered only in jurisdictions where the App is made publicly available by Company. You may not access or use the Services from any jurisdiction where the App is not made publicly available by Company.
We do not warrant that our Services will work on all devices. You are solely responsible for obtaining and maintaining compatible devices necessary to access and use our Services, as updated from time to time.
Company does not offer participation in any gambling activity or any other activity which requires a regulatory license or that is otherwise illegal in the territories in which Company operates.
In the event that any laws or regulations in the specific state or country in which you are located prohibit the use of the Services, you are forbidden from using the Services from such jurisdiction. Company makes no representations with respect to the legality of your use of the Services from any jurisdiction now or in the future.
It is your sole responsibility to determine whether the state or country where you are located is prohibited jurisdiction and you shall not have any claims against Company in this regard. In addition, you shall be liable to the Company and its affiliates and their respective shareholders, officers, directors, employees, advisors, service providers, agents and other representatives (collectively, the “Company Parties“) for any direct and indirect damages, costs or expenses incurred by Company Parties as a result of a breach by you of the above undertakings and you will indemnify and hold Company Parties from any damages, costs or expenses, incurred by Company Parties as a result of your use of the Services from a prohibited jurisdiction.
You must comply with all applicable export and sanction laws and regulations (“Trade Controls”) and may not use, export, or transfer any portion of the Services or any related technical information or materials, directly or indirectly, except as authorized by such Trade Controls. Trade Controls are subject to change, and prohibit the use of the Services by any individual located in, under the control of, organized in, or a resident of any country or territory which is the target of sanctions by the U.S. government (currently, Cuba, Iran, Syria, North Korea, Russia, Belarus, and the Crimea, Donetsk and Luhansk regions of Ukraine), any countries designated as an “enemy,” that are not currently exempted, under Israel’s Trading with the Enemy Ordinance of 1939 (currently, Syria, Lebanon, and Iran), or any country upon Company’s sole discretion due to local legislation requirements or any other reason upon its sole discretion, or anyone or any entity (or anyone or any entity 50% or more owned by such individual or entities) on any list of prohibited persons or entities maintained by the U.S. or Israeli governments, or by the jurisdictions in which the Services were obtained. You represent that you are not located in a country or territory that is subject to U.S. or Israeli sanctions or any other applicable trade embargo.
Company has no obligation to monitor the Services for inappropriate or illegal use by you or by other users. However, we have the right, subject to any applicable law, in our sole discretion, to monitor or record, your usage of the Services or your communications with us or with other users when you are using the Services to ensure compliance with these Terms and applicable laws.
You may use the Services only for lawful purposes. You are solely responsible for all your activity in connection with the Services.
In addition and without limiting any other restriction under these Terms or any applicable law you may not (and shall not permit, encourage, facilitate, or instruct any third party to) engage in actions that: (i) violate any law, regulation or court order; (ii) are threatening, abusive, invasive of any person’s privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate or objectionable, as Company may determine in its sole discretion; (iii) infringes, misappropriates, uses or discloses without authorization, or otherwise violates any intellectual property rights or proprietary rights of the Company and any third party; (iv) violates any right of publicity, or other right of any person or entity, or any law or contractual obligation, including without limitation rights pursuant to data protection, anti-spam and privacy laws and regulations; (v) involves commercial activity not expressly permitted by Company; (vi) contain any harmful or malicious software or computer codes, files or programs that are designed or intended to damage, manipulate, disrupt, interfere with, or limit, the proper functionality of any software or hardware (including the Services), or that enables unauthorized access to any system, data, password or other information of Company, its users, or any other individual or entity; (vii) uses or launches any automated system, including without limitation, “screen scrapers,” “bots,” “spiders,” “offline readers,” etc., that access the Services in a manner that sends more request messages to Company’s servers than a human can reasonably produce in the same period of time; (viii) impersonates any individual or entity, including, without limitation, employees or representatives of Company; or (ix) removes, infringes, violates, obscures or alters any copyright or other proprietary notices contained on or in or otherwise connected to the Services, including any copyright, trademark, patent, trade secret, mask work right, moral right, privacy right, right of publicity, trade dress and service mark right, goodwill and other; (x) engage in any behavior or conduct that may be deemed to be, in Company’s sole and absolute discretion, as unfair methods of participation, including but not limited to opening multiple accounts, buying or selling accounts, providing any false or fake information, or sharing your account with third-parties; (xi) attempt to gain unauthorized access to, test, probe, scan, circumvent, disable, or breach any security or authentication measures, geographical access or technical restrictions of the Services, Company systems, accounts, or related networks, including by using VPNs, proxies, device manipulations, or similar techniques.
Without derogating from any other rights or remedies available to the Company hereunder or under applicable laws and regulations, we may immediately and without a warning or notice terminate or suspend your account if we determine, in our sole discretion, that you have violated any of the above prohibitions.
You further acknowledge that the forfeiture and return of any reward as a result of a violation of these Terms shall in no way prevent Company from pursuing criminal or civil proceedings in connection with any abuse.
There is never any requirement to make any purchase of any kind to use the Services. However, the Services may offer intangible or cosmetic items – such as album packs, game boosters, tokens, in game currency, or other in game items and assets (collectively, “Virtual Items“) – that can only be consumed or used within the Services and App.
Virtual Items can be either won or obtained within the Services. Virtual Items can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from Company or any other party. Virtual Items are licensed to you by us for your personal use through the Services, subject to the limitations and other terms set out in greater detail below. Regardless of any reference Company might make outside these Terms to purchasing or selling Virtual Items, you acknowledge and agree that such Virtual Items are licensed, not sold, to you under these Terms. You understand that you have no right, title or property interest in the Virtual Items appearing or originating in any of our Services, or any other attributes associated with an account or stored on the Services. You may not transfer, purchase, sell, or exchange or attempt to transfer, purchase, sell or exchange, Virtual Items, except as explicitly permitted by us.
Accordingly, you may not, and may not attempt to, sublicense, trade, transfer, sell purchase, exchange your license to in-game Virtual Items for “real” money, or exchange such license for value of any kind outside of the Services. Doing so is a violation of these Terms. Any such transfer or attempted transfer is prohibited and void and may result in termination of your account and legal action taken against you. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Items with the Services, you have no right or title in or to any such Virtual Items appearing or originating with the Services, or any other attributes associated with the use of the Services or stored within the Services. Company retains the right to manage, regulate, control, modify and eliminate Virtual Items at its sole discretion, and Company shall have no liability to you or anyone for the exercise of such rights. In addition to the foregoing, Company may selectively remove or revoke Virtual Items associated with your account at its sole discretion.
Licenses to Virtual Items, may only be held by legal residents of countries where access to and use of the Services are permitted. Such licenses may only be acquired or awarded from us or through means we provide on our Services or otherwise expressly authorize. Company does not recognize any purchases or transfers made outside of the Services on any other platform or e-commerce website and shall not be liable for any claims or damages caused to the users with respect to licenses to Virtual Items purchased or obtained from third parties, and not through the means provided within the Services.
All licenses to Virtual Items are forfeited by you if your account is terminated or suspended for any reason, or if the Services are no longer available. If your account is terminated, or suspended or if any Virtual Items are selectively removed or revoked from your account, no refund will be granted, no Virtual Items will be credited to you or converted to cash or other forms of reimbursement.
You acknowledge that Company is not required to provide a refund for any reason other than as described in these Terms, 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.
If you are a consumer based in the European Economic Area, you may have the right to withdraw from the purchase of a license to a Virtual Item or a Service and reimbursement within 14 days from purchase.
To withdraw from the purchase of a license to a Virtual Item, you must inform the relevant Merchant of Record of your decision to withdraw (Google Play etc.). Withdrawal will be handled solely by the relevant Merchant of Records in accordance with its own policies and procedures.
Items purchased via third party applications stores or platforms such as but not limited to Google Play, will be subject to those platforms’ payment terms and conditions. We do not control how you can pay on those platforms and shall not be liable for processing the payment by such third parties.
All title, ownership, and intellectual property rights, whether tangible or intangible, in and to the App, the Services, and all related content and materials, including without limitation any images, text, graphics, illustrations, trademarks, brands, service marks, trade dress, copyrights, photographs, audio, videos and music, logos, designs, and any part thereof, including all derivative works, of the Company and other third parties providing services to Company (collectively, “Company IP“), are and shall remain the sole and exclusive property of Company or its respective owners. Except as explicitly provided herein, nothing in these Terms shall be deemed to grant you or any other party a license or any other rights in or under any Company IP. All rights not expressly granted to you in writing are hereby reserved by the Company.
Subject to your compliance with these Terms at all times, Company hereby grants you a limited, personal, revocable, non-exclusive, non-assignable, non-transferable and non-sublicensable license to download and install the Services on your mobile device and to run such Services solely for your own personal, non-commercial purposes.
You may not, directly or indirectly, or authorize any person or entity to: (i) copy, modify or create derivative works based on the Services; (ii) distribute, transfer, sublicense, lease, lend or rent the Services to any third party; or (iii) reverse engineer, decompile or disassemble the Services or any part thereof.
You may choose to, or we may invite you to submit comments or feedback about the Services, including without limitation about how to improve the Services (“Feedback”). You understand that your Feedback is gratuitous and unsolicited and will not place Company under any fiduciary or other obligation. By submitting any Feedback, you represent and warrant that (a) you have the right to submit such Feedback; (b) such Feedback does not violate the rights of any third party; and (c) such Feedback does not contain confidential or proprietary information of any third party. You agree that Company is under no obligation of confidentiality, express or implied, with respect to such Feedback and you hereby grant Company an irrevocable, unlimited, non-exclusive, royalty-free, perpetual, worldwide license to use or distribute and sublicense such Feedback, and hereby irrevocably waive any claims of any moral rights contained in such Feedback, without additional compensation to you.
Company may provide links in the Services to third party websites or applications including without limitations to vendors who may invite you to participate in promotional offers in return for receiving rewards or other in-app benefits. Any charges or obligations you incur in your dealings with these third parties are your responsibility alone. Company makes no representation or warranty regarding any content, goods or services provided by any third party even if linked to our Services and will not be liable for any claim relating to any third–party content, goods or services.
The linked sites are not under the control of Company and may collect data or solicit personal information from you. We are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site or applications or with any of the products or services offered by them.
When you access or use any third-party services as mentioned above, such services may (or may not) ask you for permission to access your information and content. Company is not responsible for the business practices or privacy policies, or for the collection, use, share or disclosure of any information such third parties may collect from you. Your relationship with such third parties (including such third parties’ privacy policies if any) will control how they can use, store, and share your information.
By downloading the App from Google Play or one of its affiliates (“Google”), you specifically acknowledge and agree that: (a) to the extent of any conflict between (i) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (ii) these Terms, the Google Play Terms shall apply with respect to your use of the Services that you downloaded from Google Play, and (b) you hereby acknowledge that Google does not have any responsibility for any App content or claims nor liability related to compliance or non-compliance by App, Company or you (or any other user) under these Terms or the Google Play Terms.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATIONS, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Company makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, or reliability of the Services; (ii) any harm to your computer system, loss of data, or other harm, whether direct or indirect, that results from your access to or use of the Services; (iii) the deletion of, or the failure to store or to transmit, any content, information, and other communications maintained by the Services; (iv) any content provided by third parties and made available through the Services; and (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
If you have a dispute with another user or third-party then to the full extent of the law applicable to you, you hereby release the Company Parties from responsibility, claims, demands, or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use or data.
Some jurisdictions limit or prohibit the disclaimer of implied or other warranties so the above disclaimers may not apply to you to the extent the law in such a jurisdiction applies to the agreement between us. In such jurisdictions, the liability of Company Parties shall be limited to the fullest extent permitted by law. Additional disclaimers may appear within the Services and are incorporated herein by reference. To the extent any such disclaimers place greater restrictions on your use of the Services, or the content contained therein, such greater restrictions shall apply.
Company’s failure to exercise or enforce any right or provision in these Terms shall not be considered a waiver of such right or provision, unless agreed upon in writing. Company will not be responsible for any failures to fulfill any obligations due to causes beyond its reasonable control.
You will indemnify, defend, and hold harmless Company Parties from and against any claims, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use (or your inability to use) of the Services, or content including without limitations any abuse or wrongful use of the above; (ii) any content you share or provide; (iii) your infringement of any third party rights including without limitation any intellectual property rights, data protection and privacy rights or consumer rights; (iv) your communications with other users or any other engagements between you and any users; or (v) your violation of these Terms or any applicable laws and regulations.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY TORT. IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY, ARISING FROM YOUR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY PARTIES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SERVICES OR OTHER PROPERTIES OWNED OR CONTROLLED BY COMPANY, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SERVICES, YOUR UPLOADED INFORMATION ON THE SERVICES, OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
BY ACCESSING OUR SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS WHICH SAYS: “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.” YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE REVIEWED THE TERMS OF CALIFORNIA CIVIL CODE SECTION 1542, AND THAT YOU EXPRESSLY WAIVE AND RELINQUISH ANY AND ALL RIGHTS AND BENEFITS PROVIDED BY THAT SECTION, AS WELL AS ANY SIMILAR LAW IN ANY JURISDICTION IN WHICH YOU MAY HAVE SIMILAR RIGHTS AND BENEFITS WITH RESPECT TO CLAIMS AGAINST THE COMPANY PARITES.
PLEASE READ THIS SECTION CAREFULLY AS IT IS HIGHLY IMPORTANT AND WILL AFFECT YOUR RIGHTS WITH RESPECT TO HOW CLAIMS YOU MAY HAVE AGAINST COMPANY AND CLAIMS COMPANY MAY HAVE AGAINST YOU WILL BE RESOLVED, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You agree that any claim or dispute at law or equity that has arisen or may arise between you and Company, including without limitations, if such claim or dispute relates in any way to or arising out of these Terms or your use of the Services, will be resolved in accordance with the provisions set forth in this Section.
You and Company will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the notice of the dispute is sent. That notice should contain proof of your relationship with Company, the nature and legal basis for your or Company’s dispute, and an individual monetary demand if you or we are seeking such relief. During this period, the parties shall use their best efforts to settle any dispute, claim or disagreement. Any applicable limitations period will be tolled during this 60-day informal dispute resolution period. Filing any claims before the end of this period and without engaging in this process could result in the award of fees in arbitration. If the dispute is not resolved within such time period, you agree that any and all disputes or claims shall be resolved exclusively through final and binding arbitration, according to the following:
In all events, you hereby knowingly, voluntarily and intentionally, waive (to the extent permitted by applicable law) any right that you may have to a trial by jury of any dispute arising under or relating to these Terms or your use of or access to the Services. You further agree that, if and to the extent this agreement to arbitrate is held not to apply to any claim, that claim will be tried in a court of competent jurisdiction before a judge sitting without a jury.
The arbitration will be conducted by National Arbitration and Mediation (“NAM”), under their rules and procedures as applicable, as modified by these Terms.
The arbitrator has the right to impose sanctions in accordance with NAM rules for any claims the arbitrator determines to be frivolous or improper and to apply the standards set forth in Federal Rule of Civil Procedure 11.
The parties agree that NAM has the discretion to modify the amount or timing of any administrative or arbitration fees due under NAM’s rules where it deems appropriate, including by setting reduced fees for consolidated cases, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this section while such challenge remains pending before NAM, the arbitrator, or a court of competent jurisdiction.
The arbitration shall be held in New York City or at another mutually agreed upon location and shall be conducted by one arbitrator. For the avoidance of doubt, the availability of a more convenient forum for arbitration proceedings shall have no effect on the governing law and venue specified in these Terms regarding litigation.
The arbitration shall be conducted in accordance with the Israeli Institute of Commercial Arbitration (“ICC“) rules of arbitration including the commercial arbitration rules, except as they may be modified herein.
The seat of the arbitration shall be in Tel Aviv, Israel, or at another mutually agreed upon location. For the avoidance of doubt, the availability of a more convenient forum for arbitration proceedings shall have no effect on the governing law and venue specified in these Terms regarding litigation. The arbitration shall be conducted in the English language.
The arbitration shall be conducted by one arbitrator. The parties will endeavor to agree on the appointment of the arbitrator. In the event the parties fail to agree on the appointment of an arbitrator within thirty (30) days of the date of receipt of the arbitration notice, either party may refer the matter of appointment to the relevant Israeli court – which shall act as the appointing authority.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, any part of it, or of the Terms including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator shall also be empowered to consolidate claims raised between the same parties to a single arbitration proceeding so long as Company agrees to such.
If the value of the relief sought is $10,000 or less, either you or Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Company, subject to the arbitrator’s discretion to require an in-person hearing. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. To the extent the filing fee charged to any individual claimant for arbitration exceeds the cost of filing an individual lawsuit, the arbitrator may require Company to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, Company will pay the remaining filing and arbitrator fees for the arbitration, provided your claim or the consolidated claims do not exceed $75,000. For claims above $75,000 or consolidated claims, fees and costs will be determined in accordance with applicable arbitration rules and the arbitrator’s decision.
You understand that, absent this mandatory provision, you might have had the right to sue in court and might have had the right to a jury trial. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
The parties agree that the existence of the arbitration, any information provided in the arbitration, and any submissions, orders or awards made in the arbitration shall be kept confidential unless as required by law, by governmental authorities, or for the purpose of legal proceedings. The parties also agree not to consent to the publication of the confidential information or any part thereof.
To the extent permitted by applicable law, any claim or dispute under these Terms and related to your access or use of the Services must be filed within one (1) year from the date of the cause of action. If a claim or dispute is not filed within one (1) year, you acknowledge that you shall have waived and will be deemed permanently barred from bringing such dispute.
Except as provided above, you further agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. If there is a final judicial determination that applicable law precludes enforcement of this section’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. You agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.
With the exception of any of the provisions in the class action waiver, if an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.
30–Day Right to Opt Out: You have the right to opt-out and not be bound by the arbitration clause by sending written notice of your decision to opt-out to the following address: Support@gmstry.com . The notice must be sent within 30 days of your first use of the Services, or the issuance of a materially changed arbitration clause, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the Terms of those paragraphs. If you opt-out of a new clause, the prior clause will continue to govern any disputes between you and Company. If you opt-out of arbitration, Company also will not be bound to arbitrate. You agree that, if at some point in the future Company removes this section entirely, restoring the right to proceed in court, no opt out from that change would be required.
Without limiting any other remedies, Company may limit, suspend, discontinue or terminate these Terms or your account or your use of all or any part of the Services, with immediate effect, automatically, with or without notice and without recourse for any reason or for no reason, including without limitation if Company believes that you are (i) in breach of these Terms; (ii) posing risks or legal liabilities (actual or potential) to Company or to other users; (iii) delinquent with respect to any charges or fees due to Company; (iv) infringing a third party’s intellectual property rights or any other rights; or (v) engaging in fraudulent, immoral or illegal activities.
Company may, from time to time, at its sole and absolute discretion, implement policies with respect to inactive accounts, including the periods of inactivity which will cause an account to be deemed as inactive and suspending or closing inactive accounts. An inactive account is an account whose owner has not accessed the Services for at least six (6) consecutive months. At our discretion, an inactive account may be terminated.
If you reside in the US, any dispute regarding these Terms shall be governed by and construed in accordance with the laws of the State New York, US, without regard to conflict of law principles thereof. You hereby consent to the exclusive personal jurisdiction and venue of New York, New York, US. If you reside outside of the US, these Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to conflict of law principles thereof. You hereby consent to the exclusive personal jurisdiction and venue of Tel Aviv, Israel.
Company may sublicense, assign or delegate these Terms, as well as any of its rights or obligations hereunder, in whole or in part, to any person or entity at any time with or without your consent and without notifying you of such an assignment or delegation. You may not assign or delegate the agreement between us or any of your rights or obligations hereunder without Company’s prior written consent, which Company may withhold at its sole and absolute discretion and any unauthorized assignment and delegation by you is void and ineffective.
We may provide you with notifications or otherwise contact you for our business purposes, including for marketing purposes or as required by law, all as more fully set forth in our Privacy Policy. Such notifications or other contact may be through email communication, through mail, telephone or other means. We may also post notifications on our Website or through our App, all at our sole and absolute discretion. You will be provided with the option of opting out of certain means of notification, all subject to applicable laws and regulations, as they shall be from time to time and in accordance with our Privacy Policy.
Legal notices shall be served on Company only at the address provided in the “Contact Us” section, or by emailing Support@gmstry.com. Notice by us to you shall be deemed given twenty-four (24) hours after the email is sent. Alternatively, we may give you legal notice by mail to the physical address associated with your account. In such case, notice shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.
These Terms constitute the entire agreement between you and Company relating to the subject matter hereof, and (except in the case of fraud or made a fraudulent misstatement) supersede all prior understandings of the parties relating to the subject matter hereof, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us.
You and Company agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which shall continue to be in full force and effect.
Company’s failure to exercise or enforce any right or provision in these Terms shall not be considered a waiver of such right or provision, unless agreed upon in writing. Company will not be responsible for any failures to fulfill any obligations due to causes beyond its reasonable control.
Any and all provisions within these Terms that, by their nature, should survive termination of your account, will survive such termination, including, without limitation: Changes to Terms or to Services, Registration, Eligibility to Use the Services, Compliance with Laws and Regulations, Prohibited Uses, Virtual Items, Intellectual Property Rights, Third Party Websites and Links, Disclaimers, Indemnification and Limitation of Liability, Agreement to Arbitration and Class Action Waiver, Termination and Closing Accounts; Inactive Accounts, Governing Law and Waiver and Force Majeure.
You acknowledge that these Terms, and all related documents (including any Additional Terms and the Privacy Policy) have been prepared in English. If these Terms are translated into another language, the English language text shall in any event prevail.
For any questions or comments with respect to these Terms or any of the Services, please contact us at: Support@gmstry.com
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