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AdGem User Terms of Service

For Users of the AdGem Customer Support, AdGem advertising products (the AdGem Offer Wall) and advertising offers powered by AdGem.

ACCEPTANCE

These AdGem User Terms Of Service govern User access to and use of the services we offer, including our presentation of advertising offers and our customer support (collectively, “Services”). Together with our Privacy Policy, which describes our data collection and use practices, these User Terms Of Service form the agreement between you and AdGem relating to your access to and use of our Services (“Agreement”), effective as of the date you accept the User Terms Of Service.

THESE ADGEM USER TERMS OF SERVICE CONTAIN A BINDING ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER. By accepting these User Terms Of Service, you agree to arbitration under the arbitration terms below, and waive your right to pursue a class action or to have your dispute decided by a jury. See “Dispute Resolution, Agreement to Arbitrate, Class Action Waiver, and Jury Trial Waiver” below for details.

By using AdGem services, you are agreeing to be bound by this Agreement. If you are an individual acting on behalf of a company or other entity, you represent that you have the authority to bind that entity and accept this Agreement on its behalf. If you do not have that authority or do not accept the Agreement, then AdGem does not authorize you or the entity to access or use our Services. (References to “you” mean the person or entity accepting the User Terms Of Service; references to “we” or AdGem” mean AdGem, LLC., including our affiliates.)

ADGEM USER SERVICES

These User Terms Of Service cover the Services that AdGem offers to end users, including advertising products, offers and customer support for issues related to advertising offers powered by AdGem.

Users of third-party apps encountering issues not related to AdGem-powered advertising offers should contact the app publisher directly; we cannot assist you with those support questions.

General Requirements

You agree to use our Services only as we provide them, and only in accordance with these User Terms Of Service, any additional instructions we provide you, and applicable laws and regulations. We reserve the right to add, remove, or modify our Services at any time.

AdGem does not knowingly provide Services to children, meaning users under the age of 13 or the applicable minimum age of online consent where you are located. If you are under the minimum age applicable to you, please do not use our Services or send us any information about yourself. If you believe that we may have any information from or about a child, please contact us at [email protected]. If we learn that we have collected personal information from a child without verifiable parental consent, we will delete that information.

On rare occasions, a reward offer you receive while using the Services may have actual monetary value in your place of residence; if you receive any taxable compensation connected with the use of our Services, you will be solely responsible for any resulting taxes or similar obligations.

Prohibited Use

You are prohibited from using the Services in connection with fraudulent, abusive, or illegal activity, including but not limited to device ID manipulation, use of device emulators, misrepresentation of offer eligibility (including deceptive geolocation manipulations), interference with our services or systems (bots, crawling, spam, etc.), or attempts to decompile or reverse engineer our code (other than as permitted by law).

We make the Services available to you for use solely for your personal benefit; you may not use the Services for commercial purposes or financial gain. For example, you are not allowed to sell or rent our Services to a third party or otherwise exploit our Services for the economic benefit of a third party.

If we believe that your behavior is in any way abusive, disruptive, dishonest and/or harmful in any way to AdGem products, employees, publishers and advertisers, we reserve the right to take action against you, including suspension or permanent ban, without notice.

Player Support

AdGem offers customer support to users for issues related to advertising offers. However, not all publishers using AdGem products (e.g. the offerwall) opt in to AdGem player support. In these cases, we cannot help Players with missing rewards and users will need to handle directly with the Publisher.

To make a support request, follow these steps. We cannot accept requests submitted through any other channel and will not respond.**

Initial Request – Timing Requirements

Because rewards for completed advertising offers may take up to 24 hours to appear in your account, you are required to wait 24 hours after starting an offer to submit a Support Request. If the issue persists after 24 hours, you can submit a request using the steps linked above.

To be eligible for rewards, offers must be completed within 30 days of your first interaction with the advertising offer involved in your request. If an offer is completed after that 30-day window, no rewards can be given.

Response and Resolution

AdGem strives to resolve requests quickly, however some support requests require multiple rounds of investigation and may necessitate contacting the User, Advertiser and/or Publisher. AdGem makes no guarantee that support requests will be resolved within a specific time frame. In order to be eligible for rewards, you agree to cooperate with AdGem and provide any requested information. Failure to assist AdGem in a timely manner as requested, for example by providing legitimate screenshots or other information, may result in your support request being closed, without notice. AdGem reserves the right to close any request, at any time, with no written warning, communication or explanation provided to the User.

Behavior Expectations

A great User experience is the goal of AdGem Player Support. However, abusive language or actions; use of profanity or other abusive behavior may result in immediate closure of your support request and the suspension or permanent termination of your AdGem privileges, without notice. AdGem reserves the right to ban Users from using the Services at our sole discretion.

Offer Eligibility

To be rewarded for completing an Advertiser offer, you must be eligible. To be eligible for an offer and potential associated rewards, you must:

  • Be new user to the app, survey or service that you are being rewarded for interacting with. This means never having had an account under any name, email or user ID on any device. Uninstalling and re-downloading apps, or quitting services or subscriptions in order to sign up again do not make a user eligible for rewards again.
  • Never have completed or submitted a Player Support Request for an advertising offer from the same app, survey or service. (i.e. If you completed a level 10 offer, you cannot be eligible for a level 12 offer, or an offer requiring any other action in the same app)
  • Be in the correct geographic location and not using a VPN or similar technology to access offers outside your physical geographic area.
  • Be able to provide comprehensive, honest and indisputable evidence of offer completion upon AdGem’s request. (i.e. a screenshot on your device clearly showing offer completion)

The following actions and behaviors may result in users being blocked from using AdGem services and/or closing of player support requests without notice, AdGem’s sole discretion.

  • Abusive or rude behavior towards AdGem Support Team.
  • Player support requests submitted more than 30 days after the initial interaction with the advertising offer for which you are seeking help.
  • Failure to respond to AdGem communication and/or requests.
  • Failure to provide evidence of offer completion as requested.
  • Use of fake screenshots or evidence, including: doctored or edited images, images found on the internet, any image not taken from your own device.
  • Attempting to be rewarded for the same offer(s) multiple times.
  • Attempting to appear as multiple users for the purpose of being rewarded more than once.
  • Using any method to mask, change or hide your geographical location for the purpose of accessing offers unavailable in your actual, physical location.
  • Using device emulators or any similar methods or tools to access the offerwall and/or attempt to complete offers.

All decisions and judgments regarding eligibility are made in AdAction’s sole discretion and are final.

Offer Value

AdGem is not responsible for the value or amount of any reward promised, released or withheld by any AdGem Publisher. AdGem has no ability to control the specific amount of points, coins, currency or any reward denomination for a completed offer. To rectify this issue, Users must contact the Publisher directly. AdGem is not responsible for any monetary value associated with any offer shown to users in any AdGem product.

User Data

When you submit a player support request, AdGem may receive and store identifiers involved in your request — specifically, the advertising identifier (IDFA for iOS devices, Android Advertising ID for Android devices), along with your email address and IP address. We use this information to verify offer eligibility with advertisers, respond to your request and help prevent fraud. If resolution of your request requires coordination with the advertiser or publisher involved, we may share your support request information with them, including the device identifiers and your email address, as necessary.

We combine and analyze information about customer support requests, including device identifiers and IP addresses, to identify trends, spot problems, prevent fraud, and look for ways to improve our services.

For more information about how AdGem uses data, please refer to our privacy policy.

OTHER IMPORTANT AND BINDING PROVISIONS

Indemnity Obligation

If your use of our Services causes liability to AdGem, you agree to indemnify and hold AdGem harmless from all damages, losses and expenses of any kind, including reasonable legal fees and associated costs arising out of or otherwise related to your use of the Services. This means that if someone sues AdGem due to your conduct in using our Services, you will be legally and financially responsible.

Disclaimers and Limitations on Liability

AdGem has no special relationship with, or fiduciary duty to, you. You acknowledge that AdGem makes no representations regarding, has no control over, and has no duty to take any action regarding, any third-party apps or other content or materials you may access in the course of using our Services, and you release AdGem from all liability in connection therewith. AdGem will not be responsible or liable for the accuracy, copyright compliance, legality or decency of third-party content or material contained in or accessed through our Services. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE ADGEM SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS. ADGEM FULLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AND CONTRACTORS, ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE ADGEM SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ERROR-FREE OR UNINTERRUPTED SERVICE.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADGEM OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE ADGEM SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY: (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND ADGEM’S REASONABLE CONTROL.

AGREEMENT TO ARBITRATE, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER

These User Terms Of Service, and any dispute arising between AdGem and you under the Terms or otherwise in connection with your use of the Services, shall be governed by applicable federal law, the Federal Arbitration Act, and the laws of the State of Colorado, without regard to principles of conflict of laws.

EU Residents

If you are a resident of a European Union Member State and you wish to institute an action arising from or relating to the subject matter of this Agreement, you may do so through binding arbitration as set forth below, or through the national courts of your country.

Non-EU Residents

For users residing outside the European Union, you and we agree that any dispute arising from or relating to the Services or this Agreement shall be finally settled by arbitration, using the English language and conducted by one arbitrator in the State of Colorado.

Arbitration

In arbitration, instead of a judge or jury, there is an arbitrator, and court review of an arbitration award is limited. However, an arbitrator can grant, on an individual basis, the same damages and relief as a court, including injunctive and declaratory relief or statutory damages.

Judgment upon the arbitrator’s award may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

Class Action Waiver

Both parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. The decision of the arbitrator (or small claims court judge) only affects the specific parties involved in the claim, and will never extend to third parties or other users of our Services.

Exclusive Jurisdiction and Venue; Jury Trial Waiver

Both parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the State of Colorado for any dispute not handled through arbitration or in small claims court, as described above. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

Miscellaneous

The Agreement remains in effect between you and AdGem for as long as you continue to use our Services. We reserve the right to make changes to our Services and these User Terms Of Service at any time. If you are dissatisfied with the Services, your sole remedy is to stop using the Services. We reserve the right, in our sole discretion, to reject or remove any player support request and to restrict, suspend, or terminate your access to or use of our Services, at any time and with or without notice, without liability to you. The provisions following the heading “Other Important and Binding Provisions” shall survive termination.

Except as required by applicable law, both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in writing and signed by both parties, except as otherwise provided herein.

The Agreement supersedes and replaces any prior agreements regarding your use of the Services, and does not create any third-party beneficiary rights. Failure to take prompt action regarding any violation of these User Terms Of Service, this will not mean that we are giving up the right to do so in the future. If for some reason any portion of these User Terms Of Service is found to be unenforceable between the parties, that shall not affect the enforceability of the rest of the User Terms Of Service.

You may not assign or transfer this Agreement, or any rights or obligations granted under it, to any other person without our express written consent. AdGem may freely assign its rights or obligations without your consent.

Last Updated: February 2, 2021

Frequently Asked Questions

Q: I completed an offer but did not get my reward. Why?

A: There are a number of reasons why you may not have received a reward upon completing an offer. Here are the most common reasons we see:

  • All offers that require an app download, the user must be a first time, new user to that app. If that app has been downloaded on that device at any time in the past, the user is NOT eligible for that offer and will not be rewarded for any completed offer.
  • All offers that require a free trial, subscription or account, the user must be a first time, new user to that service.
  • Offer requires user to COMPLETE a certain level, but the user only REACHED that level. For example, many users start a “Complete Level 8” offer and then only REACH level 8, instead of completing it. In that example, you would need to reach level 9 (indicating that you’ve completed level 8) to receive the reward.
  • User has been rewarded for an offer for the same app in the past. We have records of which users have been rewarded for which offers. If a user is rewarded for an offer for App X, then that user cannot be a new user to App X, and therefore would be ineligible for all App X offers in the future. If we see that you have been rewarded for an app’s offer before, we will close all requests for rewards for that app in the future, without reward.
  • User didn’t click a “finish” or “submit” button, or complete final action. Especially with survey offers, there is often a requirement to “Share the survey” that is the final step to complete the offer. Make sure to read the offer requirements in detail and ensure you’ve followed them exactly.

Q: My Player Support Request was not rewarded, but I sent screenshots. Please explain.

A: First, make sure you were eligible. See the question directly above this to make sure you were eligible for the offer. If you were not, we may have closed your case based on ineligibility. Next, we review evidence sent by Users and try to determine what is legitimate to the best of our ability. We receive tons of fraudulent requests and screenshots that users found on the internet. It’s very common for users to find fake screenshots and not attempt to actually complete the offer. There are several characteristics we look for that typically mean the evidence is not legitimate. To be rewarded, you must send clear screenshots taken on your device that show indisputable evidence that you completed every requirement of the offer.

Q: I had this app a long time ago, but had deleted it. If I download it to complete this offer, will I get my reward?

A: No, you have to be a first time, new user to any app you download as part of an AdGem offerwall offer. If you’ve ever had the app in the past, you are not eligible.

Q: How long do I have to wait for my reward?

A: It can take up to and sometimes a bit more than 24 hours for AdGem to receive the signal that the offer has been completed. We can’t trigger release of any currency or rewards until that happens.

Q: I responded to your email but got a response about a subject line being incorrect. What do I do?

A: When you respond to our email regarding your Player Support Case, DO NOT CHANGE THE SUBJECT LINE OF THE EMAIL. This subject line is how our system matches your email and evidence of offer completion to the Player Support Request submitted.

Q: Can I complete multiple offers for the same app? (e.g. Get rewarded for installing and opening the app, then do another offer for level 3?)

A: No. Once you start an offer for a specific app, you cannot be eligible for another offer from that app because you are now not a new user to that app. If we see that you have opened multiple player support requests for the same app, you may be rewarded for the first one you clicked on, but all others will be closed without reward.

Q: Can I use a VPN to access offers on the AdGem offerwall?

A: No. Using a VPN is strictly prohibited. Our offers are targeted to certain locations and users are not allowed to access the offerwall using any tool or service that obfuscates or falsifies the geo-location of their device.

Q: Can I use a emulator to complete offers on the AdGem offerwall?

A: No. Using device emulators or any similar methods or tools to access the offerwall and/or attempt to complete offers is strictly prohibited.