Terms of Use

Date of Last Revision: May 19, 2009

Statement of Rights and Responsibilities
This Statement of Rights and Responsibilities ("Statement") derives from the gain6 Principles, and governs our relationship with users and others who interact with gain6. By using or accessing gain6, you agree to this Statement.

Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures to you about how we collect and use the information you post on gain6. We encourage you to read the Privacy Policy, and to use the information it contains to help make informed decisions.

Sharing Your Content and Information

You own all of the content and information you post on gain6, and you can control how we share your content through your page and profile settings. In order for us to use certain types of content and provide you with gain6, you agree to the following:

For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with gain6 ("IP License"). This IP License ends when you delete your IP content or your account (except to the extent your content has been shared with others, and they have not deleted it).

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies on the Internet for a reasonable period of time (and therefore may be residually viewable to others after deletion)."

Safety
We do our best to keep gain6 safe, but we cannot guarantee it. We need your help in order to do that, which includes the following commitments:

• You will not send or otherwise post unauthorized commercial communications to users (such as spam).
• You will not collect users' information, or otherwise access gain6, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
• You will not upload viruses or other malicious code.
• You will not solicit login information or access an account belonging to someone else.
• You will not bully, intimidate, or harass any user.
• You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
• You will not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
• You will not use gain6 to do anything unlawful, misleading, malicious, or discriminatory.
• You will not facilitate or encourage any violations of this Statement.

Registration and Account Security
gain6 users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of gain6 and your account:

• Your membership will renew each year by automatically charging your credit card or by PayPal subscription, unless you log in and click "Cancel My Membership". Refunds cannot be given after your credit card or PayPal account has been charged. You will be notified at least 1 month in advance if the annual membership cost should increases before your next renewal date.
• You will not provide any false personal information on gain6, or create an account for anyone other than yourself without permission.
• You cannot participate in the blog affiliate program if you are under 16 years old. You cannot have a public web page if you are under 13 years old, however your page will show to members who follow your blog.
• You cannot participate in the blog affiliate program if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals. View which countries can participate in the program.
• You will not use gain6 if you are a convicted sex offender.
• You will keep your contact information accurate and up-to-date.
• You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
• You will not transfer your account to anyone without first getting our written permission from gain6.

You will forfeit any blog affiliate program earnings if you do not abide by these commitments.

Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.

• You will not promise anyone they will receive monetary gain or any other reward if they join (sign up for) gain6.
• You will not post content or take any action on gain6 that infringes someone else's rights or otherwise violates the law.
• We can remove any content you post on gain6 and/or terminate your gain6 account, if we believe that it violates this Statement.
• If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
• You will not use our copyrights or trademarks (including gain6, the gain6 Logos) without our written permission.
• If you collect information from users, you will: obtain their consent, make it clear you (and not gain6) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
• You will not post anyone's identification documents or sensitive financial information on gain6.

Mobile
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply. In the event you change or deactivate your mobile telephone number, you will update your account information on gain6 within 48 hours to ensure that your messages are not sent to the person who acquires your old number.

Amendments
We can change this Statement with, or without providing you notice through gain6 (unless you opt-out of such notice).

Termination
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of gain6 to you. We will generally try to notify you, but have no obligation to do so. We may delete your account at any time, with or without notice or cause.

Cancellation
You can cancel your account at gain6 any time by either clicking the "Cancel My Membership" link while logged-in, or by Contacting Us and asking us to delete your account - please include your account username and password. Note that all your postings, including photos, will be removed when you cancel.

Disputes
You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or gain6 in a state or federal court located in Douglas County, Colorado. The laws of the State of Colorado will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Douglas County, Colorado for the purpose of litigating all such claims.

If anyone brings a claim against us related to your actions or your content on gain6, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

WE TRY TO KEEP gain6.com UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING gain6.com "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT gain6.com WILL BE SAFE OR SECURE. WE DO NOT GUARANTEE YOU WILL BENEFIT IN ANY WAY FROM USING gain6.com. gain6.com IS NOT RESPONSIBLE FOR THE ACTIONS OR CONTENT OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR gain6.com, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR gain6.com WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST 12 MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, gain6.com's LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. gain6.com DOES NOT GUARANTEE YOU WILL MAKE ANY MONEY, OR RECEIVE ANY TANGIBLE OR INTANGIBLE BENEFITS WHEN USING gain6.com. NO REFUNDS ARE GIVEN. ALL TRANSACTIONS ARE FINAL. CONCERNS SHOULD BE SENT HERE. WE ARE GLAD TO WORK WITH YOU ON ANY ISSUE ARISING FROM THE USE OF gain6.com.

Definitions

• By "gain6.com" or gain6 we mean the features and services we make available, including through (a) our website at gain6.com and any other gain6 branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
• By "us," "we" and "our" and "gain6" we mean gain6, Inc., or gain6.com.
• By "content" we mean the content and information you post on gain6.com, including information about you and the actions you take.
• By "post" we mean post on gain6.com or otherwise make available to us.
• By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

Other

• This Statement makes up the entire agreement between the parties regarding gain6, and supersedes any prior agreements.
• If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
• If we fail to enforce any of this Statement, it will not be considered a waiver.
• Any amendment to or waiver of this Statement must be made in writing and signed by us.
• You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
• All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
• Nothing in this Agreement shall prevent us from complying with the law.
• This Statement does not confer any third party beneficiary rights.

You may also want to review the following information:

• Affiliate Program Terms: Terms of Use for participation in the Affiliate Program.
• Privacy Policy: The Privacy Policy is designed to help you understand how we collect and use information.
• Refund Policy: The Refund Policy is designed to help you understand our policy on refunds.

Feedback and Suggestions
We always appreciate your feedback and suggestions about gain6. You understand that we may use them without any obligation to compensate you for them - just as you have no obligation to offer them.