Licenses and Restrictions. The Service is the property of Forward Edge-AI, Inc. or its licensors. The Service software and any Application installed on your device are licensed and not sold to you. However, you own your data. Forward Edge-AI and its licensors grants to you a limited, non-exclusive, revocable, non-transferable, personal, non-commercial license to use the Service for its intended use, in the United States.
Restrictions on Use. You will not, or permit anyone else to, sell, resell, distribute, sublicense, loan, lease, otherwise transfer, alter, modify, merge, adapt, copy, delete, record, translate, publish, upload, transmit, export, create derivative works of, make any commercial use of, reverse engineer, decompile, attempt to derive the source code, or disassemble the Service of any software that forms part of the Service. You may not use the Service or any part of it for any improper use (including infringement of copyright or other intellectual property rights) and must follow all laws. You will not alter, disable, or circumvent any features embedded in the software. All rights not expressly granted to you herein are reserved. Forward Edge-AI may revoke this license at any time without notice.
Branding. All trademarks, service marks, trade names, logos, domain names, and any other features of Forward Edge-AI’s brand are the sole property of Forward Edge-AI and Forward Edge-AI does not grant any rights to such branding to you for any use at all. You may not remove or alter any copyright, trademark, or other intellectual property notices of the Service.
User Content. You are responsible for any content that you upload to the Service. Forward Edge-AI does not monitor or control the content you choose to send via the Service and, we disclaim all responsibility for such content. Photos that you did not take yourself may be subject to copyright protection which limits or prohibits their copying, transmission and/or use. You agree that you will not attach copyrighted content in a way that infringes any copyright, and that you are wholly responsible for any copyright infringement resulting from your conduct. If you are unsure about whether your conduct is lawful, you should not attach the content.
Digital Millennium Copyright Act Notice. If you believe that your content has been improperly used in the Service in a way that constitutes copyright infringement please contact Forward Edge-AI at the address below. Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that is believed to be residing on Forward Edge-AI’s system or network should be promptly sent in the form of written notice to Forward Edge-AI’s Designated Agent. The Designated Agent for DMCA Notice is:
Forward Edge-AI DCMA Attorney
10108 Carter Canyon Drive
San Antonio, Texas 78255.
Email DMCA@Forward Edge-AI.com
NOTE: No other notices or communications should be sent to the Designated Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA. Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:
- Signature of copyright owner or person authorized to act on behalf of the owner;
- Identification of copyrighted work claimed to be infringed;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address);
- A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
It is the policy of Forward Edge-AI that upon receipt of a valid DMCA notice Forward Edge-AI will remove or disable access to the allegedly infringing material. There are substantial penalties for false claims (see 17 U.S.C. § 512(f)).
Open Source and Third-Party Licenses. Your use of the Service is subject to any open source licenses that form part of the Service as set out in the Open Licenses file in the App. Certain software or technical information is licensed from third parties and may be covered by one or more U.S. Patents, pending U.S. patent applications, and pending counterpart European and international patents. You are subject to the terms of any third party agreements.
Portions of this application uses the following open source libraries:
github.com/btcsuite/btcd v0.0.0-20190807005414-4063feeff79a // indirect
github.com/coreos/go-etcd v2.0.0+incompatible // indirect
github.com/cpuguy83/go-md2man v1.0.10 // indirect
github.com/golang/mock v1.3.1 // indirect
github.com/onsi/ginkgo v1.8.0 // indirect
github.com/onsi/gomega v1.5.0 // indirect
github.com/rcrowley/go-metrics v0.0.0-20190706150252-9beb055b7962 // indirect
github.com/spf13/afero v1.2.2 // indirect
github.com/ugorji/go/codec v0.0.0-20181204163529-d75b2dcb6bc8 // indirect
golang.org/x/net v0.0.0-20190827160401-ba9fcec4b297 // indirect
golang.org/x/text v0.3.2 // indirectiOSReachabilitySwift (https://github.com/ashleymills/Reachability.swift)
Termination. Forward Edge-AI may limit, suspend, terminate or discontinue the Service, or certain features or functions of the Service, at any time without notice, including if you breach these Terms. You may also cancel your use of this service at any time by unsubscribing to the Service. Any trial of the Service shall terminate at the end of the trial period.
DISCLAIMER OF WARRANTIES. THE SERVICE AND ANY INCLUDED APPLICATION IS PROVIDED BY FORWARD EDGE-AI OR ITS LICENSORS ‘AS IS’, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OR CONDITIONS OF ANY KIND, INCLUDING FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU USE THE SERVICE AT YOUR OWN RISK. FORWARD EDGE-AI AND ITS LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, AND EMPLOYEES MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, AVAILABILITY, COMPLETENESS, USEFULNESS, EFFICACY, SECURITY, RELIABILITY, INTEROPERABILITY, OR THAT THE SERVICE WILL BE UNINTERRUPTED, VIRUS-FREE, OR COMPATIBLE WITH YOUR DEVICE OR THAT THE SERVICE WILL MEET YOUR EXPECTATIONS AT ALL OR AS TO THE IDENTIFICATION, LABELING, OR BLOCKING OF CALLS. FORWARD EDGE-AI AND ITS LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, AND EMPLOYEES DO NOT PROVIDE ANY WARRANTY (EXPRESS OR IMPLIED) OR GUARANTEE THAT ALL SPAM, ROBOCALLER AND FRAUDULENT CALLERS WILL BE IDENTIFIED, LABELED CORRECTLY OR BLOCKED. THE SERVICE COULD CAUSE DAMAGE TO YOU, YOUR DATA, DEVICE, SOFTWARE OR HARDWARE.
LIMITATIONS OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE LIABILITY OF FORWARD EDGE-AI OR ITS LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS AND EMPLOYEES FOR MONETARY DAMAGES FOR ANY CLAIMS, THAT YOU MAY HAVE UNDER THESE TERMS ARE LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD, AND THE MAXIMUM IN DAMAGES RECOVERABLE SHALL BE TEN ($10) U.S. DOLLARS. UNDER NO CIRCUMSTANCES ARE FORWARD EDGE-AI, ITS LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS OR EMPLOYEES LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, REPUTATION, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES ON ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE SERVICE OR THE INABILITY TO USE THE SERVICE IN ANY WAY WHETHER FORESEEABLE OR NOT OR WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FORWARD EDGE-AI SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR PENALTIES (DIRECT OR INDIRECT) AS A RESULT OF MIS-IDENTIFICATION, MIS-MANAGEMENT OR BLOCKING OF A CALLER OR FAILURE TO PROPERLY IDENTIFY, MANAGE OR BLOCK A CALLER.
Disputes Against Forward Edge-AI, Inc.: CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY AREN’T ALLOWED. YOU AND FORWARD-EDGE AI HEREBY AGREE THAT ANY CLAIM, CONTROVERSY OR DISPUTE PURSUED AGAINST EACH OTHER, WHETHER RELATED TO THIS AGREEMENT OR OTHERWISE, WILL BE ON AN INDIVIDUAL BASIS AND SHALL BE FINALLY SETTLED BY BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND FEDERAL ARBITRATION ACT. THE AMERICAN ARBITRATION RULES ARE AVAILABLE ONLINE AT WWW.ADR.ORG/RULES. THE ARBITRAL TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY, ENFORCEABILTY OR APPLICABILITY OF ANY PORTION OF THIS AGREEMENT TO ARBITRATE. UNLESS OTHERWISE AGREED, THE PLACE OF ARBITRATION SHALL BE SAN ANTONIO, TEXAS. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
Indemnification. You will indemnify, defend and hold Forward Edge-AI, and its licensors and suppliers harmless from any claims arising out of or relating to your or any User’s actual or alleged misuse or fraudulent use of the Service or any other actual or alleged breach of these Terms. You are responsible for any costs incurred by Forward Edge-AI or any other party (including reasonable legal fees) in connection with such claims.
Export Control. Use of the Service may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. By using the Service and/or by downloading the applicable Application, you agree that you are not located in, under the control of, or a resident or national of any country, or person, on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department Table of Deny Orders. You also agree that you are not located in a country that is subject to the U.S. government embargo, or that is designated by the U.S. as a terrorist-supporting country and you are not listed on any U.S. government list of prohibited or restricted parties. You agree also not to attempt to export or import any encrypted information, materials, hardware or software.
Safety. Please do not endanger yourself and others by using the Service while driving or engaging in any other activity that requires your full attention. When participating in bounty competitions do not attempt to contact scammers or spammers directly or indirectly in any way.
Authorization to Share Personal Information & Contact from Counsel
By subscribing to the Service, we gather information that may be used to file individual and class action lawsuits against telemarketers or other scammers on behalf of our users. Under federal and state laws, you may be entitled to receive damages when a person or company sends you certain automated nuisance or scam calls, texts or faxes.
Sometimes, people are hesitant to participate in class action lawsuits because they believe it will cost them money. Fortunately, by working with attorneys selected by Forward Edge-AI, you may be entitled to receive damages as the result of a settlement without paying any legal fees. Damages can range from $100 to $4,500 depending on your state and the type of violation committed.
To opt-in, please review and accept the following agreement:
You hereby acknowledge and agree that your personal information, including but not limited to your name, address, phone number, call logs and voice messages may be shared with attorneys selected by Forward Edge-AI for the purpose of investigating and prosecuting lawsuits involving potential violations of state and federal telemarketing laws. You further agree and authorize that Forward Edge-AI or attorneys selected by Forward Edge-AI may contact you regarding your legal rights in connection with any calls, texts or faxes you received that are determined to be a potential violation of state or federal law.
Governing Law (Choice of Law) Provision
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, without giving effect to the principles of conflict of law thereof.
Referral Program and Points Redemption
We reserve the right, at any time, to modify, alter, or update these terms and conditions of use. We will notify you of such changes by a Gabriel PUSH NOTIFICATION. Your continued usage of The Gabriel App following such notification shall constitute your acceptance of the changes. If you do not agree to any such changes you must immediately cease using the GABRIEL SWARM GAME.
Points Redemption Generally
As a condition of playing the Gabriel Swarm Game, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will play the Game in accordance with this Agreement; (iv) you will only play the game to solve crimes and scams that target smartphone users; (v) referrals are for the Gabriel App and not the device you play the game on; and (vi) all information supplied by you is true, accurate, current and complete. We retain the right at our sole discretion to deny access to anyone to the Swarm Game, Referral Program, and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
You may make referrals through Facebook Connect. When you make referrals through Facebook Connect, your Facebook login credentials will be used to open and access your account with Forward Edge and/or FACEBOOK.
You are responsible for keeping your user ID and password confidential.
We reserve the right to terminate and delete any accounts at our sole and absolute discretion at any time and without notice.
We are entitled to act on all instructions received by anyone using your account and are not responsible for any redemptions made without your authorization.
You consent to receive coupon codes and offers from us electronically, except in those jurisdictions where your express consent is required to receive commercial or marketing communications electronically.
The content and information in the Swarm Game and Referral Program as well as the infrastructure used to provide such content and information, is proprietary to us, our suppliers and/or our customers. You are licensed to play the Swarm Game solely for the purpose set out above. You are not permitted to copy our Swarm Game. Additionally, you agree not to:
- make any speculative, false, or fraudulent claims about your membership to any loyalty rewards program;
- access, monitor or copy any content or information of the Swarm Game or Referral Program using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers or bypass or circumvent other measures employed to prevent or limit access to the Gabriel App;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of this Site (including, without limitation, the purchase path for any transaction) for any purpose without our express written permission; or
- “frame,” “mirror” or otherwise incorporate any part of this App into any other website without our prior written authorization.
Tracking Your Balances
Gabriel allows you to track the balances in the LEADERBOARD. In order for us to track your balances and display them to you, we need to know specific information regarding your account (device identification, screenname, and email address). This information enables us to update your account balances on an ongoing basis. We do not disclose such information to third parties.
- The Gabriel App allows you to conduct the following points redemption transactions:
- You may refer other users to download the Gabriel App and receive 199 points for each referral;
- You may share your points with others by sending an electronic gift card;
- You may redeem your points for gift and stored value cards. Each point is valued at 1 cent (USD) and may be redeemed for electronic Gyft card.
- The following terms and conditions apply to all transactions you conduct through The Gabriel App:
- ALL TRANSACTIONS ARE FINAL AND NON-REFUNDABLE. ONCE A REDEMPTION HAS BEEN SUBMITTED IT MAY NOT BE CANCELLED OR REVERSED;
- WE RESERVE THE RIGHT TO REVIEW, CANCEL AND REVERSE ANY TRANSACTION IN THE EVENT OF FRAUD, A CHARGE-BACK OF ANY TRANSACTION FEE PAID BY CREDIT CARD FOR THE GABRIEL APP SUBSCRIPTION, OR AN ERROR OR MISTAKE MADE BY US, INCLUDING ERRORS IN ANY POINT CONVERSION, REDEMPTION OR SWAP RATE. YOU HEREBY CONSENT TO THE REMOVAL OF POINTS FROM YOUR ACCOUNT AS REQUIRED BY US TO REVERSE A CANCELLED TRANSACTION;
- you agree to comply with the terms, conditions and rules of eGyft.com involved in your transaction.
Misprints and Errors
We endeavor to provide current and accurate information on The Gabriel App regarding the offers and transactions available to you. Nevertheless, errors and misprints occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any transaction for which the price or offer details were incorrectly displayed or for which any other erroneous or inaccurate information was provided. We reserve the right to do this at any time during the transaction process, including after a transaction has been submitted and even if the transaction has been confirmed by us. Under no circumstances are we obligated to process or complete any transaction based on any error, misprint or otherwise.
Any data, text, graphics, images, audio and video clips, logos, icons, software, and links (collectively, the “Materials”), and any intellectual property and other rights relating thereto, are and will remain the property of Forward Edge. The Materials and the selection, compilation, collection, arrangement, and assembly thereof are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.
You may make limited copies of documents related to transactions conducted via The Gabriel App (e.g., points) for personal, non-commercial use. You may not copy, reproduce, republish, upload, post, transmit, or distribute the Materials or other content or information available on or through The Gabriel App in any way without our prior written permission. Use or downloading of the Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Materials, including agreements of third parties. By acquiring or using the Materials, you agree to such terms and conditions.
The trademarks, logos, and service marks displayed on The Gabriel App (collectively the “Trademarks”) are the registered and unregistered trademarks of Points, our suppliers and/or loyalty program partners, or their respective licensors and suppliers. The Trademarks, whether registered or unregistered, may not be used in any manner that is likely to cause confusion with customers, or in any manner that disparages Points, our suppliers and/or loyalty program partners, or their respective licensors and suppliers. Nothing contained on The Gabriel App should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark.
This Agreement shall remain effective until we or you terminate it. We may terminate this Agreement, your account and/or your ability to use The Gabriel App or any portion thereof immediately, without notice to you, at any time and for any reason, with or without cause, including if, in our sole discretion, you fail to comply with any of these terms and conditions of use or engage in any fraudulent, criminal or other unauthorized activity. We may also close and terminate your account due to inactivity.
We reserve the right, at any time, to: (1) change the terms and conditions of this agreement; (2) change The Gabriel App, including eliminating or discontinuing any content on or feature of The Gabriel App; and/or (3) change any fees or charges for use of The Gabriel App. Any changes we make will be effective immediately and automatically without further or special notice. Your continued use of The Gabriel App following such changes will be deemed acceptance of such changes.
We further reserve the right at any time, without notice, to: (1) to modify, suspend or terminate operation of or access to The Gabriel App, or any portion of The Gabriel App, for any reason; (2) to modify or change The Gabriel App, or any portion of The Gabriel App, and any applicable policies or terms; and/or (3) to interrupt the operation of The Gabriel App, or any portion of The Gabriel App, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
If you use the Service on an Apple device, then you agree and acknowledge that:
- Apple, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
- You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
- Apple and Apple’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
If you use the Service on an Motorola device, then you agree and acknowledge that:
- Motorola, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
- You will have no claims, and you waive any and all rights and causes of action against Motorola with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
- Motorola and Motorola subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Motorola will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
If you use the Service on an SAMSUNG device, then you agree and acknowledge that:
- SAMSUNG, Inc. bears no duties or obligations to you under the Terms, including, but not limited to, any obligation to furnish you with Service maintenance and support;
- You will have no claims, and you waive any and all rights and causes of action against SAMSUNG with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance;
- SAMSUNG and SAMSUNG’s subsidiaries are third party beneficiaries of the Terms. Upon your acceptance of the Terms, Samsung will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.