Your Agreement with Us
These terms and conditions (Terms) form part of a binding agreement between Global File Systems, Inc., a Delaware corporation (GFS, we, us, our), and you (our Website visitors and Rewards Program Members), governing your use of the services we provide to you in connection with our Website, Platform and/or the ADFREEWAY Rewards Program Services, (collectively, our Services).
We may change these Terms at any time and will notify you of a material change when you next access our Services (we may also email you about any material changes to these Terms). The new terms may be displayed on-screen and you may be required to agree to them to continue your use of our Services. The date these Terms were last updated appears at the top of these Terms. If you do not agree to these changes, or otherwise do not wish to continue using our Services, you may terminate these Terms by deregistering your Account (defined below) by Contacting Us.
For users from the United States or South Africa: By agreeing to these Terms, you expressly agree to the arbitration of all Disputes as further described below. Any controversy, allegation, or claim that arises out of or relates to the Services, these Terms, or any additional terms, whether heretofore or hereafter arising (collectively, a Dispute), except for any controversy, allegation, or claim that arises out of or relates to our actual or alleged intellectual property rights (an Excluded Dispute), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration provisions will remain in force.
Although our Services may be available via Affiliate or other third-party WiFi networks, we do not operate or own these networks and are not responsible for their availability.
In these Terms:
Our Services are only available in authorized locations. Despite our best compliance efforts, your Device may erroneously receive our Services while located elsewhere. You agree not to knowingly use or continue to use our Services outside the following authorized locations:
Please Contact Us if your Device is receiving our Services outside of the above locations.
You must be over 13 years of age in order to access or otherwise use the Services. If you are under the age of 18, you must get your parent/guardian’s permission to access and use the Services and get them to accept these Terms on your behalf.
Your Access to the Services
When accessing the Services on your mobile, laptop, desktop or other device (Device), you acknowledge and agree that you are responsible for: (i) providing a Device that you own, (ii) maintaining Internet access for your Device through a Wi-Fi or LTE data communication network, and (iii) any Internet connection and telecommunications fees and charges that you incur. We are not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Services, including, but not limited to screen display operation features of your Device.
Access to the Services may be suspended temporarily and without notice (a) in the event of system failure, (b) for maintenance or repair, (c) where we reasonably suspect there has been a breach of these Terms, (d) for reasons reasonably beyond our control, (e) in the event you activate ad blockers or materially reduce your Membership activity so that it is no longer commercially viable to provide our Services to you, or (f) as otherwise explained in these Terms.
In order to be eligible to earn Rewards with us, you must become a Member during Voting Activity Registration or sign-up on our Website. When you become a Member, you'll be provided with an ADFREEWAY Rewards Program user account (Account). You may only establish one Account for your own personal use. All use of your Account is deemed to be use of your Account by you for the purposes of these Terms. You are solely responsible for the use of your Account, must ensure that you keep all login details and passwords secure and must only use your Account and our Platform in accordance with these Terms.
When signing-up and using our Services, you must provide and maintain accurate and complete information, immediately inform us of any changes to that information (including your email address) by updating your details in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use our Services.
You are entirely responsible for any and all activities that occur under your Account and for ensuring that all use of our Services by you complies fully with these Terms. You agree to notify us immediately of any unauthorized use of our Services or any breach of security. We are not liable for any loss that you incur as a result of someone using the Account created for you, either with or without your knowledge.
Whenever you make use of a feature that allows you to upload or submit any content such as any text (e.g., comments, reviews), audio, photos, videos, or other content via the Services (“User Content”), or to share any User Content with other users of the Services, you promise that any such User Content: (a) will not be defamatory, obscene, offensive or otherwise objectionable, (b) will not infringe the intellectual property rights (such as copyright) or other rights (such as privacy or confidentiality) of any third-party, (c) will comply with applicable laws, (d) will not promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (e) will not be likely to deceive any person, (f) will not be threatening, abusive or cause annoyance, inconvenience or needless anxiety, (g) will not be likely to harass, upset, embarrass, alarm or annoy any other person, (h) will not impersonate any person, or misrepresent your identity or affiliation with any person, (i) will not give the impression that it emanates from us, if this is not the case, and (j) will not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse. GFS reserves the right (but is under no obligation) to review any such User Content and remove it from the Services at its sole discretion. We reserve the right (but are not under obligation) to remove or block any User Content at our sole and absolute discretion. Furthermore, the ability to use the User Content feature of the Services is a privilege, not a right, and can be added or removed from your Account at any time, at our sole and absolute discretion.
The Services may include content provided by third-parties, including materials provided by other users and third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by GFS, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of GFS. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.
COPYRIGHT INFRINGEMENT - DMCA NOTICE
GFS complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended).
If you have any complaints or objections to material posted on the Services you may contact our designated agent at the following address:
Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:
Ad Blockers and Inactivity
Activation of ad blockers may constitute an affirmative opt-out of our Rewards Program.
In order to be eligible to earn Rewards with us and maintain your Account you must de-activate all ad blockers and maintain a satisfactory level of Membership activity under your Account, as determined by GFS in its sole discretion. Activation of ad blockers or reduced activity under your Account may result in Account suspension or Account deactivation and termination, as determined by GFS in its sole and absolute discretion, and in accordance with the Termination section below. Any Tokens and/or Rewards in your Account will be forfeited upon deactivation without any required notice or liability to you.
Advertisement Optimization Technology
In order to curate and improve your online experience, our Platform may substitute selected ads with other ads that may be more relevant based on your Voting Activity and other information you share with us.
If you register as a Member by accessing or logging-in to an Affiliate app, website or network through a third-party social media service, we may collect and use your user ID and/or user name associated with that social media service, any information or content you have permitted the third-party social media service to share with the Affiliate or us, such as your profile picture, email address, followers or friends lists, and any information you have disclosed in connection with that social media service. If you do not want your personal information collected, stored, used or disclosed in this way, please do not log-in through a third-party social media service. We do not collect your passwords from these third-party social media services.
In addition to using your Device Data to curate and improve your online experience, we may analyze, aggregate and/or disclose Device Data to Affiliates.
By signing-up to use our Services, you (where not located in the UK/EU) consent to:
Active Members are eligible to be awarded Tokens calculated in accordance with the applicable Earning Rules that apply to the relevant advertisement.
Tokens are only redeemable during eligibility periods for product types and quantities by Redemption Partners specified by applicable Earning Rules. You must pay for any additions or variations to a product type or quantity (including any additional products being purchased alongside a Reward) being redeemed via Tokens, if applicable.
Tokens are not personal property and may not be transferred, bought, exchanged nor redeemed for cash or credit and must be used by each earning Member on their enrolled Device before the expiration date for the relevant Tokens in accordance with applicable Earning Rules.
You can obtain Rewards by presenting a digital voucher (displayed to you after voting on an eligible ad and/or stored in your Account on our Website) to the Redemption Partner (for the required number of redemption Tokens in accordance with applicable Earning Rules). Rewards must be redeemed by the Redemption Partner subject to validation from our Platform. Once you redeem Tokens for a Reward, you cannot cancel it or return it for a refund of Tokens except where required by applicable law.
Rewards redeemable directly from adfreeway.com are provided by ADFREEWAY on behalf of Redemption Partners. We do not accept any liability or responsibility for product postal delivery, availability, use, performance, reliability, safety or any other consumer concern.
Token values (i.e., the number of redemption Tokens required to redeem a Reward) and applicable Rewards may change during the course of a Campaign and from Campaign to Campaign, and Earning Rules for a given Campaign may provide for different Tokens and/or Rewards based upon the Campaign and/or your level of engagement with the Campaign. We reserve the right to adopt, amend or modify Token values and Rewards (and to substitute or withdraw Rewards) at any time and with respect to any Campaign (and for clarity, Token values and Rewards for one campaign may be different from Token values and Rewards for another Campaign). Additionally, Tokens may have different values and you may be eligible for different Rewards based upon your level of engagement with a given Campaign. The adoption of Token values and Rewards within a given Campaign, or any amendment or modification to such Token values and Rewards (or the substitution or withdrawal of Rewards), will not be deemed a change to these Terms and will not be posted with these Terms.
REWARD REDEMPTIONS ARE PROVIDED AT THE SOLE DISCRETION OF ADFREEWAY AND ITS REDEMPTION PARTNERS. WE RESERVE THE RIGHT TO MODIFY, SUBSTITUTE, OR WITHDRAW A REWARD REDEMPTION OPPORTUNITY AT ANY TIME, INCLUDING BUT NOT LIMITED TO INCREASING OR DECREASING TOKEN VALUES AND ADJUSTING APPLICABLE REWARDS, INCLUDING BASED ON YOUR LEVEL OF ENGAGEMENT WITH THE SERVICES, OR FOR ANY OTHER REASON, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY TO YOU, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You must only use our Services in a lawful, ethical and courteous manner. You must not:
Our Website, Services and Platform are protected by Intellectual Property Rights.
Unless indicated otherwise, all rights (including copyright) in our Services, and compilation of our Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, website, code, scripts, design elements and interactive features) and Platform are owned or controlled for these purposes and are reserved by GFS, or our contributors.
All trademarks, service marks and trade names used on our Website and/or Platform (including inter alia ADFREEWAY ADFREEWAY ADGRAPH, ADFREEWAY BLOCKCHAIN, ADFREEWAY PLAYLIST, ADFREEWAY PROXY and ADFREEWAY VOTE. EARN. REDEEM.) are owned, registered, and/or licensed by GFS.
Subject to these Terms, we hereby grant you a limited, non-exclusive, royalty-free, personal, non-transferrable, non-sublicensable, non-assignable, revocable license to access and participate in the Services, solely for your individual and personal use on a Device that you own or control.
We do not grant to you any other rights whatsoever in relation to our Website, Platform, Services or any of our other intellectual property. All other rights are expressly reserved by GFS, including all right, title and interest in, and to, our Website, Platform, Services and any related services.
Unless indicated otherwise, all materials made available via our Services are protected as copyright, trade names, trademarks or are other intellectual property owned by us, our Affiliates and/or other parties that have licensed their material or trademarks to us. Other than viewing and/or downloading content via our Services for purposes expressly permitted by these Terms, you do not have the right to use these Intellectual Property Rights without our written permission. You agree not to use our Services for any unlawful or improper purpose. You will not violate or attempt to violate the security of the Service, Website or Platform. All rights not expressly granted are reserved.
WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS.
To the extent permitted by law and subject to any applicable non-excludable rights implied by Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law):
Linked Content and Advertisements
We may provide links to websites and/or display advertisements of third-parties, such as from our Affiliates (Linked Content) to you. To the extent permitted by law (including any applicable non-excludable guarantees of Australian Consumer Law):
Your use of Linked Content will be governed by third-party terms and conditions and privacy policies (if any) (Third-Party Terms). It is your responsibility to read and comply with Third-Party Terms.
Where you are based outside the UK/EU, when you agree to these Terms or use our Services, you agree to receive communications from us, including via email, text message (to the extent permitted by applicable law), calls, and push notifications. Communications from us may include responses to your inquiries, or operational communications concerning your Account or use of the Services, including marketing purposes. Standard text messaging charges applied by your cell phone carrier will apply to the text messages we send. Where you are based within the UK/EU, we may sometimes require your consent to do these activities.
Wherever you are located, if you wish to opt-out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. If you wish to opt-out of promotional calls or texts, you may respond with “STOP” to any text message you receive from us, which will then stop messages of that type. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services, however you acknowledge that opting out of receiving all texts may impact your use of the Services.
You can deregister your Account at any time by Contacting Us. As noted below, any Tokens and/or Rewards in your Account will be forfeited upon deactivation.
Notice For California Residents Pursuant to CA Civil Code Section 1789.3
Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.
IN NO EVENT SHALL WE, OR OUR RESPECTIVE REDEMPTION OR OTHER BUSINESS PARTNERS, LICENSEES, LICENSORS, EMPLOYEES AND AGENTS ("INDEMNIFIED PARTIES") BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES, OR YOUR INABILITY TO ACCESS THE SERVICES) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH ACCESS TO, PARTICIPATION IN, OR THE PERFORMANCE OF OUR SERVICES, OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF GFS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your sole remedy for dissatisfaction with the Services is to stop accessing or otherwise using the Services.
In the event the foregoing exclusions of liability are determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Services or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances the total amount of $100 (One Hundred Dollars). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Services must be brought within one year after such claim or cause of action arises or be forever barred.
THE LIMITATIONS AND DISCLAIMERS IN THESE SECTIONS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, GFS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON GFS’ CHOICE OF LAW PROVISION SET FORTH BELOW.
For example, nothing in these Terms is intended to exclude, restrict or modify your non-excludable consumer protection rights conferred by Australian Consumer Law (which may confer rights and remedies which cannot be excluded, restricted or modified). Nevertheless, to the maximum extent permitted by applicable law, you agree that we will not be liable for any loss, damage, cost or expense you may suffer, due to:
As noted above, you acknowledge that Linked Content made available to you via our Services and Platform is based upon information supplied by third-parties and is not verified, endorsed or supported by us, does not necessarily reflect our opinions, policies or views, and we are not liable or otherwise responsible, whatsoever, for any such Linked Content, including the products or services advertised therein.
You agree to fully compensate and hold harmless the Indemnified Parties from and against reasonable liability, loss, damage, costs and expense (including, without limitation, reasonable legal expenses) and penalties suffered or incurred by any them arising out of:
To avoid any doubt, the indemnity set out above will extend to any loss that we may suffer as a result of the use by third-parties of your Account, except in circumstances where you can demonstrate that the third-party gained access to and used your Account without your consent and through no fault of your own.
You may deregister via our Website or by Contacting Us to cancel your Membership and opt-out of our Services resulting in the automatic forfeit of your unredeemed Tokens.
We may suspend or terminate your Membership and access to our Services, and/or remove your eligibility to receive a Reward, with or without notification, and with the forfeiture of any Tokens and/or Rewards, if:
Any Account suspension or termination will not affect the applicability of these Terms, which will survive any such suspension or termination.
The law that governs these Terms, and the place in which you can resolve your Disputes with GFS, depends on where you are using the Services.
Governing Law; Jurisdiction. These Terms are governed by California law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and GFS agree that, except as otherwise provided below, the state and federal courts located in the County of Los Angeles, California will have exclusive jurisdiction of all Disputes arising out of or related to these Terms or your use of the Services and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, GFS shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
These Terms are governed by the laws of the State of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.
The parties must comply with this clause before resorting to external Dispute resolution mechanisms, such as court proceedings, to resolve Disputes concerning any matter relating to this Agreement.
A party may commence negotiations by giving the other party written notice of a Dispute, following which the parties must use reasonable endeavours to resolve the Dispute. If the parties are unable to resolve the Dispute within fourteen (14) days of either providing notice of the Dispute to the other party, either party may commence the mediation procedure through the service of a mediation notice on the other party.
The parties shall appoint a mediator within seven (7) days of the service of a mediation notice. If the parties do not agree within that time as to the mediator to be appointed, they will apply to the Australian Disputes Centre (ADC) to ask the ADC to nominate a mediator for the parties. The mediation will be conducted in accordance with the ADC's mediation rules as amended from time to time. The parties agree to take part in the mediation and will endeavour to resolve the Dispute through the mediation prior to commencing court proceedings.
In the event that the parties cannot resolve the Dispute via the mediation process within forty-five (45) days of the mediation notice or such other period as may be agreed, either party may refer the matter to court proceedings. Nothing in this clause will prevent a party from taking immediate steps to seek interlocutory or interim relief before an appropriate court.
The rights granted to you under these Terms may not be assigned without GFS' prior written consent, and any attempted unauthorized assignment by you shall be null and void. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.
These Terms (including any documents referred to herein) constitute the entire agreement between the parties about its subject matter and supersedes all other representations, arrangements, understandings, agreements and communications.
A reference to the singular form of a noun includes the plural form of that noun. The word "including" is to be read as "including, without limitation".
If a provision of these Terms is invalid or unenforceable in a jurisdiction:
Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by GFS of any provision, condition or requirement of these Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
Global File Systems, Inc
13351 Riverside Drive
Sherman Oaks, CA 91423 USA