Terms of Service

Last Updated: August 30th, 2011

GameCoins.com is an owned and operated by Sometrics, Inc..

Sometrics, Inc. (“we”, “us”, “our” or “Sometrics”) provides products and services, whether fee-based or free of charge (collectively, the “Services”), through its website located at www.Sometrics, Inc..com (the “Website”), subject in all cases to the terms and conditions set forth in this Terms of Service Agreement (the “Agreement”). This Agreement, which may be updated by Sometrics, Inc. from time to time, constitutes a legally binding contract between you (“you” or “Customer”) and Sometrics, Inc.. By completing the registration process and using the Services, you agree to be bound at all times by the terms and conditions of this Agreement. Please read this Agreement carefully and save it. If you do not agree with all of the terms and conditions set forth in this Agreement, you should leave the Website and discontinue your use of the Services immediately.

Address:
909 N Sepulveda Blvd
El Segundo, CA 90245

Phone: 213-814-1220
Email: support@sometrics.com

Privacy

By registering for the Services and implementing the Sometrics, Inc. Tracking Code (as defined in Section 6 below), you authorize Sometrics, Inc. to collect, store and process Customer data and Customer audience data, subject to the terms of this Agreement and the Sometrics, Inc. Privacy Policy. Customer and audience data may include one or more cookies that we use to differentiate individual visitors to your website.

Description of Services

Our Services include, but are not limited to, providing Customers with real-time statistical reporting of their website’s visitors’ data and behavior, including, without limitation, information about how many pages are visited, the duration of a particular visit, the referring website, keywords used to search, social media profile data and other browser details. We may, at our discretion, partner with other third party business partners and technologies to provide Customers with additional audience tracking data, information and services.

We will provide you with the Services for which you have registered on the Website, subject to the terms of this Agreement. You agree to use the Website and Services at all times in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set forth in this Agreement.

As a part of Sometrics, Inc.’s Services we also may, from time to time, send our Customers via email – newsletters, surveys, or other important direct communications. For additional information on our Direct Email practices, our authorized email sender, and other policies please see Sometrics, Inc.’s Privacy Policy. By Agreeing to this Terms of Service Agreement you are agreeing to receive Direct Email communications from Sometrics, Inc.. If you wish to opt-out of these email communications you can do so at any time by using the opt-out link at the bottom of all Sometrics, Inc. Emails.

We reserve the right to modify the Services offered at anytime by posting such modification(s) on our Website. Any use of the Website or Services by you after such posting shall be deemed to constitute acceptance of such modification(s).

Shipping & Delivery

All products are delivered within 2-3 business days from the time the order is placed through this website. Products are delivered directly to the game associated with your account or login.
Please send all inquiries to EMAIL: support@gamecoins.com or call: PHONE: 213-814-1220

Return Policy

All sales are final. Any consideration given to a return or credit is handled on a case-by-case basis.
Please send all inquiries to EMAIL: support@gamecoins.com or call: PHONE: 213-814-1220

Account Creation and Termination Process

To use our Website and Services, a Customer must create an account and provide basic website and contact information including, but not limited to, name, address, email address, website URLs (collectively, “Registration Information”). Providing false Registration Information constitutes a material breach of the Agreement and may result in our immediate termination of your use of the Website and the Services. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You acknowledge that you are solely responsible for any and all use of your account.

We reserve the right, in our sole discretion, to refuse any new account or terminate any active account for any reason or no reason whatsoever, without warning or notice. Our use of any Customer’s account information is governed by our Privacy Policy.

"Gamecoins"

Gamecoins", "Coins", or "coins" are non-reloadable prepaid paymentdevices that are redeemable solely on our website to purchase certainDigital Currencies and Goods (as determined by Sometrics, Inc.) fromthe Game Coins Marketplace. If you obtain Game Coins, you agree tothe terms and conditions in this Agreement, as well as any additionalterms which Sometrics may provide when you acquire the Coins. If youacquire multiple Coins, you may view your Game Coins balance bylogging into your Game Coins profile

You may obtain coins in a variety of ways, including, withoutlimitation, by establishing a Game Coins accounts, purchasing coins,completing Game Coins missions, redeeming a Game Coins card, andperforming various other tasks as outlined on this site. Coins grantedby Sometrics via promotion, redemption or for Account activity mayhave an expiration date associated with them. The expiration date orduration shall be set upon the time of the offer, but may be modifiedby Sometrics at its sole discretion

You can earn coins only for actions you actually complete. You mayredeem coins by using them to exchange for Digital Currencies orDigital Goods. You remain solely responsible for any tax consequencesthat may result from your receipt, purchase, acceptance, or control ofcoins

You do not own coins, and coins are not your (or any other person's)personal property. Instead, when you obtain coins, you have onlyreceived a limited license to a digital product. Coins have nomonetary value. Any coins in your Account will automatically terminateupon termination of this Agreement, unless as expected by state orfederal law. At the sole discretion of Sometrics, unless as exceptedby state or federal law, some coins may also have an expiration dateattached to them after which they will have no value. You may notobtain any cash or money in exchange for coins, regardless of how youacquired those coins. Besides collecting coins, the only other use forcoins is to exchange coins for Digital Currencies or Goods thatSometrics offers for coins redemption. Due to local laws orregulations, Sometrics may further restrict your coins redemptionoptions based on your state or country of residence. The expirationdate or duration shall be set upon the time of the option, but may bemodified by Sometrics at its sole discretion

The Digital Currencies and Goods that Sometrics makes available to youfor redemption of coins can change at any time, and Sometrics has noobligation to continue making Digital Currencies and Goods availablefor coins redemption

Sometrics may cancel, suspend or otherwise limit your access to yourcoins balance if we suspect you have acted in a fraudulent, abusive orunlawful manner with regard to your coins. Once coins are removed froma User's coins balance, Sometrics will not reinstate them, except atour discretion. When we cancel, suspend or otherwise limit access toyour coins balance, your right to use your coins balance immediatelyceases. In addition, we may, at our discretion, limit your use ofcoins, including applying limits to: the number of coins you may havecredited to your coins balance at one time, the number of coins youmay redeem within a given time period, and the number of promotionalcoins you may obtain in a single event

If coins are credited to your balance for a transaction or activitythat is subsequently voided, canceled or involves a returned item,then Sometrics will remove those coins from your balance. You areresponsible for ensuring that we properly credit coins to your coinsbalance. If you believe that you have validly acquired coins that havenot been credited to your coins balance, we will only consider postingthose coins to your account if you contact us within six (6) months ofthe date of which the activity or purchase occurred. We may requestreasonable documentation to support your claim.

Prepaid Card

The face value of this Game Coins Card may only be used for redemption on Gamecoins.com. Redemption of the Game Coins Card will results in the user receiving Game Coins Currency "Gamecoins" deposited in their Game Coins Account, based on the face value (USD) of their Card. Neither the Game Coins Card nor Gamecoins have actual cash value or are refundable or convertible back into cash.

You must be 13 years of age or older to purchase and redeem a Game Coins Card. Neither Sometrics Inc, the distributor of the Game Coins Card, nor the retail store where the card was purchased, are responsible for loss or damage of the Game Coins Card after activation of the card by the retailer at checkout. You are solely responsible for any loss or damage resulting from lost, damaged or stolen cards or use of card without your permission.

Uses of Gamecoins upon redemption of the Game Coins Card are subject to the Game Coins Terms Of Service. Consumer is responsible for reading and accepting these terms prior to redemption.

Gamecoins must be used within two years of Game Coins Card redemption or they are forfeit, except where prevented by law. Sometrics and its licensees, affiliates and licensors make no warranties, express or implied and disclaim any warranty.

Other Changes

We reserve the right to modify any of the terms of this Agreement from time to time and such modification(s) will become effective immediately after posting the modified Agreement on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modified Agreement is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not wish such modifications to apply automatically to you, then it is important for you to review this Agreement before each time you use any of our Services and refrain from using such Services if you see new or different terms that you do not accept.

Non-Exclusive License Granted; Property Rights

Subject to the terms and conditions of this Agreement, Sometrics, Inc. hereby grants you a limited, revocable, non-exclusive, non-sublicensable, royalty-free license to install and implement Sometrics, Inc.’s tracking code, which may rely on the use of JavaScript, HTML tags or other code on your webpage (the “Tracking Code”), onto your website page(s) solely for your use in receiving the Services for which you have signed up for. You agree to follow all instructions and restrictions provided to you by Sometrics, Inc. with respect to your use of the Tracking Code. You agree that Sometrics, Inc. will not be responsible for any malfunctions, errors, data inaccuracies, or improper results attributable to your incorrect, unauthorized, or unsupported use of any Tracking Code. You further acknowledge that by implementing the Sometrics, Inc. Tracking Code on your web page(s), you consent to Sometrics, Inc.’s placing of temporary or persistent “cookies” on your users’ computer’s hard drive.

Customer Representations, Warranties and Covenants

As a condition of receiving any Sometrics, Inc. Services, you represent, warrant and covenant as follows:

  • All of the Registration Information Customer supplies, or causes to be supplied, to Sometrics, Inc. is true, complete and accurate, and, during the term of this Agreement, Customer agrees to notify Sometrics, Inc. of any changes to such Registration Information within ten (10) days of any such changes;
  • None of the URLs Customer submits to Sometrics, Inc. shall link to any webpage or site that contains any:
    • nudity, pornography or other sexually-explicit material;
    • hate propaganda or material that encourages or promotes illegal activity or violence;
    • content that violates or infringes in any way upon the statutory, common law, or proprietary rights of others, including but not limited to any Intellectual Property Rights of Sometrics, Inc. or any other third party;
    • material that promotes or utilizes software or services designed to deliver unsolicited e-mail;
    • material that violates any local, state or national law or regulation;
    • misrepresentations or material that is threatening, abusive, harassing, defamatory, obscene, profane, indecent or otherwise objectionable, offensive or harmful; or
    • other material that Sometrics, Inc., in its sole discretion, deems inappropriate, including any violations of standards posted on the Sometrics, Inc. Website or sent to Customer by e-mail.
  • Customer will safeguard account information and password by not disclosing it to any third party, and Customer will assume responsibility for any and all harm or liability attributable to Customer or any other person accessing Customer account or any Service with Customer account information and password;
  • You will treat any and all consumer information gathered for Customer or transmitted to Customer via your use of the Services or the Sometrics, Inc. Website in accordance with the Sometrics, Inc. Privacy Policy;
  • You will comply with all federal laws and regulations governing Customer actions under this Agreement; and
  • If you are an individual, you must be over the age of 18 and possess the capacity to enter into legally binding contracts. You have full power and authority to enter into this Agreement and to perform the obligations set forth in this Agreement.

Without limiting any of our other remedies, we may refuse or cancel Customer’s account or Services at any time for any violation of this Section 7. To assure compliance with the criteria in Section 7(b), we reserve the right to monitor the content of the webpages or sites that correspond to the URLs Customer submits to Sometrics, Inc..

Indemnification

You shall defend, indemnify, and hold harmless Sometrics, Inc., its subsidiaries, and affiliates, and their respective directors, officers, shareholders, agents, affiliates, licensors, partners and employees from and against any and all claims, actions, demands, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses of any kind (including, without limitation, reasonable attorneys fees and other litigation expenses) arising out of or relating to (i) your, or one of your agent’s, use of the Website or any of the Services, including, without limitation, the Tracking Code; (ii) your, or one of your agent’s, breach of any provision(s) of this Agreement; (iii) any harmful or illegal activities by you or one of your agents in connection with the Website or Services.

DISCLAIMER OF WARRANTIES

SOMETRICS, INC. PROVIDES THE WEBSITE AND SERVICES “AS IS” AND “WITH ALL FAULTS” AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHETHER SUCH WARRANTIES ARISE BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE, WITH REGARD TO THE WEBSITE, SERVICES AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OF INFORMATION, FEATURES OR CAPABILITIES OF THE SERVICES, AND RELIABILITY OF SOMETRICS, INC.’S COMPUTERS AND SERVERS. SOMETRICS, INC. DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES WILL BE SUITABLE FOR YOUR NEEDS OR YOUR INTENDED APPLICATIONS, OR THAT THE SERVICES WILL BE COMPATIBLE WITH OR OPERATE IN THE HARDWARE, SOFTWARE, OR WEBSITE CONFIGURATIONS THAT YOU SELECT.

LIMITATION OF LIABILITY

IN NO EVENT WILL SOMETRICS, INC. BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUE, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION OR GOODWILL, UNDER ANY THEORY OF LAW OR EQUITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, IN NO EVENT WILL SOMETRICS, INC.’S TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY SOMETRICS, INC. FROM THE CUSTOMER UNDER THIS AGREEMENT.

Governing Law and Jurisdiction; Dispute Resolution

The laws of the United States of America and the internal laws of the State of California shall govern this Agreement, without regard to any principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the state and federal courts located in California, as well as such specific venue as determined and selected by Sometrics, Inc. in its sole discretion, in all disputes arising out of or relating to this Agreement or your use of the Services, regardless of whether such action is commenced by Customer against Sometrics, Inc.. The prevailing party in any dispute relating to the Service or this Agreement will be entitled to recover its costs, expenses and reasonable attorney fees incurred in connection with such dispute.

Notwithstanding anything to the contrary contained herein, if a dispute arises under this Agreement, the parties shall first attempt, for a period of thirty (30) days after notice from either party, to resolve the dispute in good faith by direct negotiation of representatives of the respective parties. Any costs and fees associated with the informal dispute resolution shall be shared equally by the parties.

Term and Termination

This Agreement is effective until terminated by Sometrics, Inc. or Customer in accordance with the terms and conditions set forth in this Agreement.

Nature of Relationship

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement between Sometrics, Inc. and Customer.

Severability

In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect the enforceability of any other provision contained in this Agreement.

No Waiver

The delay or failure of Sometrics, Inc. or Customer, at any time or times, to require performance of any provision hereof shall in no manner affect Sometrics, Inc.’s or Customer’s right at a later time to enforce such provision. No delay or failure of Sometrics, Inc. or Customer in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.

Third Party Beneficiaries

Customer agrees that there are no third party beneficiaries of any promises, obligations or representations made by Sometrics, Inc. herein.

Assignment

No Customer may assign its rights or delegate its responsibilities hereunder without the express written permission of Sometrics, Inc.. Sometrics, Inc. may, at any time, assign its rights or delegate its obligations hereunder without notice to Customer.

Entire Agreement

This Agreement, the Sometrics, Inc. Privacy Policy and any other guidelines, rules, terms of service, or policies pertaining to any of the Services that may be posted from time to time by Sometrics, Inc. collectively constitute the entire agreement and understanding concerning the subject matter hereof between Sometrics, Inc. and Customer and supersede all prior negotiations, proposed agreements, and all other agreements, whether written or oral.

Notices

Sometrics, Inc. may give notice to Customers for any or all purposes by means of a general notice posted on the Website or by means of an e-mail to Customer’s e-mail of record. All notices or other communications to Sometrics, Inc. from Customer shall be sent by e-mail at help@sometrics.com.

If you have any questions or comments about this Agreement, or any of the Services, please contact us at help@sometrics.com.