Terms of service

Official legally binding stuff

These Terms of Service (the “Terms of Service”) are a contract between you, the user, and Gainslog. By using the Gainslog Site and any services accessible from the Gainslog Site, you are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the Gainslog Site or any services or products offered on the Gainslog Site or on any other platform, including mobile applications, offered by Gainslog (collectively, the “Service” or “Services”). VIOLATION OF ANY OF THE TERMS OF SERVICE BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE SERVICE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK. Gainslog reserves the right to refuse service to anyone for any reason at any time.

Plain English

By being a member and using Gainslog, you agree to everything on this page. I have to do this to protect both you and me and make running this business possible. If you break these terms, you can't use Gainslog anymore.

Account

Official legally binding stuff

In order to open an account on the Gainslog Site (the “Account”), you must (i) agree to these Terms of Service, and (ii) provide any other information required by Gainslog during the registration process. You will update this information to maintain its accuracy during the time you are using the Service. You are responsible for maintaining the security of your account and password. Gainslog cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content that you may enter on the Gainslog Site (the “Content”) and activity that occurs under your Account (even when Content is entered by others who have access to your Account). Any information submitted by you shall be subject to Gainslog’s Privacy Policy. One person or legal entity may not maintain more than one Account. Accounts registered by “bots” or other automated methods are not permitted.

Plain English

Your account is your responsibility. If your account is compromised I'll try to help, but I can't guarantee I can fix any damages.

Our License to You

Official legally binding stuff

Gainslog hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Gainslog Site, solely with supported browsers through the Internet for your own internal purposes, subject to these Terms of Service. You may not permit the Gainslog Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Gainslog Site. All rights not expressly granted to you are reserved by Gainslog. You shall not (i) modify or make derivative works based upon the Gainslog Site; (ii) reverse engineer or access the Gainslog Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Gainslog Site, or (c) copy any features, functions or graphics of the Gainslog Site. You further acknowledge and agree that, as between the parties, Gainslog owns all right, title, and interest in and to the Gainslog Site, including all intellectual property rights therein.

Plain English

Don't copy Gainslog itself.

Your Responsibilities

Official legally binding stuff

The Services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms of Service. Furthermore, our services are not available to minors (under 18 years of age). If you do not qualify as an authorized user, you are not permitted to use the Services.

Plain English

You need to be 18 or older to sign up for Gainslog. I need these rules to be legally binding and you have to be 18 or older for that to be possible.

Gainslog relies upon parents or guardians 18 years of age or older to determine if the Gainslog Site and Services are appropriate for the viewing, access, or participation by such individuals under the age of 18. I do not seek or knowingly collect any personal information about children under 13 years of age. If I become aware that I have unknowingly collected personal information from a child under the age of 13, I will make commercially reasonable efforts to delete such information from our database.

Plain English

If you are under 13, you can't use Gainslog (sorry). If you are 13 or over but under 18, have your legal guardian sign up for you.

As a condition of your use of the Services, you agree to (a) provide Gainslog with true, accurate, current and complete information as prompted by the Gainslog registration forms, when registering for or using the Services and (b) update and maintain the truthfulness, accuracy and completeness of such information.

Plain English

Don't lie on the sign up form.

You are responsible for all activity occurring under your Accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the Gainslog Site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.

Plain English

Follow all laws that apply to you, based on where you live or anything else.

You shall: (i) notify Gainslog immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to Gainslog immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.

Plain English

If your account is hacked, let me know right away.

You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Gainslog Site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the Gainslog Site itself (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Gainslog Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.

Plain English

BYO electricity, internet, computer, web browser, etc.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. I may not monitor or control the Content posted via the Services. Any use of or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. I do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Gainslog be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Services or broadcast elsewhere.

Plain English

I don't monitor every single thing on Gainslog. It's up to you to do right.

Impermissible Acts

As a condition to your use of the Gainslog Site, you agree not to:

Official legally binding stuff

upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group;

Plain English

Don't be a jerk

phish, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services;

Plain English

Don't be a jerk

forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Gainslog Site;

Plain English

Don't be a jerk

upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights;

Plain English

Don't be a jerk

upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

Plain English

Don't be a jerk

upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

Plain English

Don't be a jerk

reverse engineer, decompile or disassemble any of the software used to provide the Gainslog Site;

Plain English

Don't be a jerk

reproduce, duplicate or copy or exploit any other portion of the Gainslog Site, without the express written permission of Gainslog;

Plain English

Don't be a jerk

interfere with or disrupt the Gainslog Site, or any servers or networks connected to the Gainslog Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Gainslog Site;

Plain English

Don't be a jerk

obtain, collect, store or modify the personal information about other users;

Plain English

Don't be a jerk

modify, adapt or hack the Gainslog Site or falsely imply that some other site is associated with the Gainslog Site or Gainslog.

Plain English

Don't be a jerk

I reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. I also reserve the right to access, read, preserve, and disclose any information as I reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Gainslog, its users and the public.

Plain English

I might pop into your account to help with a support request, but I otherwise don't go snooping around.

Feedback

Official legally binding stuff

In the course of using the Gainslog Site, you may provide Gainslog with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Gainslog Site (collectively “Feedback”). You hereby grant Gainslog a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.

Plain English

If you send me an idea, I might use it, in which case it's protected by all the same rules on this page.

Violation of these Terms of Service

Official legally binding stuff

Gainslog reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Gainslog may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Gainslog has no obligation to pre-screen or monitor your access to or use of the Gainslog Site or any information, materials or other content provided or made available through the Gainslog Site, but has the right to do so. You hereby agree that Gainslog may, in the exercise of Gainslog’s sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.

Plain English

I will delete anything that violates these rules.

Cancellation and Termination

Official legally binding stuff

You are solely responsible for properly canceling your account. You can cancel your account at any time by logging in to your account and going to the Subscription page, and clicking the "I can't get serious about my gains" button and confirming the dialog box. An email or phone request to cancel your account shall not result in cancellation.

Plain English

If you don't want a Gainslog account anymore, it's up to you to delete it. You can do it right from the site.

Cancellations will take effect immediately. Upon the commencement of a new Service period the Service will terminate without additional notice, and you will not be charged for any subsequent Service periods. You will not be provided any refunds for unused time on your Service period.

Plain English

If you delete your account, you will not be re-billed.

Modifications to the Gainslog Site and Prices

Official legally binding stuff

Gainslog reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Gainslog Site and Service (or any part thereof) with or without notice.

Plain English

The last thing I plan on doing is shutting down, but if I have to I have to.

Gainslog shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Gainslog Site.

Plain English

Hopefully any change I make to the site is for the better, but if I change something you don't like, it will be up to you to decide if you want to stay on.

Gainslog reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Gainslog Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Gainslog Site after any such changes shall constitute your consent to such changes.

Plain English

This page might change from time to time. I'll let you know through the in-app notification system of any major changes.

Limitation of Liability

Official legally binding stuff

UNDER NO CIRCUMSTANCES SHALL GAINSLOG OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR GAINSLOG SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF GAINSLOG OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR GAINSLOG SITE, FROM INABILITY TO USE THE SERVICES OR GAINSLOG SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR GAINSLOG SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

Plain English

I can't be liable for misuse of Gainslog or for Gainslog not meeting your needs.

Without limiting the foregoing, under no circumstances shall Gainslog or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Plain English

Should a meteor strike the Earth right at my data center, the site might go down.

Terms of service|Privacy policy
© 2018 Gainslog