Gyld Terms of Service
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Gyld Platform, you agree to comply with and be bound by these Terms.
Please note: Section 17 of these Terms contains an arbitration clause and class action waiver that applies to all Gyld Members. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: October 24, 2019
Thank you for using Gyld!
When these Terms mention “Gyld,” “we,” “us,” or “our,” it refers to IRL, LLC, 320 S. Main Street, Suite A, Ann Arbor, MI 48104.
Any and all payment processing services through or in connection with your use of the Gyld Platform ("Payment Services") are provided to you by one or more Gyld entities (individually and collectively, as appropriate, "Gyld Payments") as set out in the Payments Terms of Service ("Payments Terms").
DMs alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their DM Services (as defined below). DMs are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any DM Services they offer. If you have questions about how local laws apply to your DM Services on Gyld, you should always seek legal guidance.
1. Scope of Gyld Services
The Gyld Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members who offer services are “DMs” and the services they offer are “DM Services”) to publish such DM Services on the Gyld Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such DM Services (Members using DM Services are, “Players”). DM Services typically include the planning, implementing, and/or facilitating table-top game play for Players.
As the provider of the Gyld Platform, Gyld does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or DM Services. DMs alone are responsible for their Listings and DM Services. When Members make or accept a booking, they are entering into a contract directly with each other. Gyld is not and does not become a party to or other participant in any contractual relationship between Members, nor is Gyld an employer of DMs offering DM Services on the Gyld Platform. Gyld is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
While we may help facilitate the resolution of disputes, Gyld has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or DM Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Gyld does not endorse any Member, Listing, or DM Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification, or guarantee by Gyld about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe, or suitable. You should always exercise due diligence and care when deciding whether to use DM Services, accept a booking request from a Player, or communicate and interact with other Members, whether online or in person.
If you choose to use the Gyld Platform as a DM, your relationship with Gyld is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Gyld for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Gyld. Gyld does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the DM Services. You acknowledge and agree that you have complete discretion whether to list DM Services or otherwise engage in other business or employment activities.
To promote the Gyld Platform and to increase the exposure of Listings to potential Players, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Gyld cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Gyld Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
The Gyld Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Gyld is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Gyld of such Third-Party Services.
Due to the nature of the Internet, Gyld cannot guarantee the continuous and uninterrupted availability and accessibility of the Gyld Platform. Gyld may restrict the availability of the Gyld Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Gyld Platform. Gyld may improve, enhance and modify the Gyld Platform and introduce new Gyld Services from time to time.
2. Eligibility, Using the Gyld Platform, Member Verification
In order to access and use the Gyld Platform or register an Gyld Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
Gyld may make access to and use of the Gyld Platform, or certain areas or features of the Gyld Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
The access to or use of certain areas and features of the Gyld Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Gyld Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Gyld Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
3. Modification of these TermsGyld reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Gyld Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Gyld Platform will constitute acceptance of the revised Terms.
4. Account RegistrationYou must register an account ("Gyld Account") to access and use certain features of the Gyld Platform, such as publishing or booking a Listing. If you are registering a Gyld Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You can register a Gyld Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Gyld Account and your SNS Account at any time, by accessing the "Settings" section of the Gyld Platform.
You must provide accurate, current and complete information during the registration process and keep your Gyld Account and public Gyld Account profile page information up-to-date at all times.
You may not register more than one (1) Gyld Account unless Gyld authorizes you to do so. You may not assign or otherwise transfer your Gyld Account to another party.
You are responsible for maintaining the confidentiality and security of your Gyld Account credentials and may not disclose your credentials to any third party. You must immediately notify Gyld if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Gyld Account. You are liable for any and all activities conducted through your Gyld Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5. ContentGyld may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Gyld Platform ("Member Content"); and (ii) access and view Member Content and any content that Gyld itself makes available on or through the Gyld Platform, including proprietary Gyld content and any content licensed or authorized for use by or through Gyld from a third party ("Gyld Content" and together with Member Content, "Collective Content").
The Gyld Platform, Gyld Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Gyld Platform and Gyld Content, including all associated intellectual property rights, are the exclusive property of Gyld and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Gyld Platform, Gyld Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Gyld used on or in connection with the Gyld Platform and Gyld Content are trademarks or registered trademarks of Gyld in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Gyld Platform, Gyld Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Gyld Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Gyld or its licensors, except for the licenses and rights expressly granted in these Terms.
Subject to your compliance with these Terms, Gyld grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Gyld Platform and accessible to you, solely for your personal and non-commercial use.
You are solely responsible for all Member Content that you make available on or through the Gyld Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Gyld Platform or you have all rights, licenses, consents and releases that are necessary to grant to Gyld the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Gyld's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any other Gyld policy. Gyld may, without prior notice, remove or disable access to any Member Content that Gyld finds to be in violation of applicable law, these Terms or Gyld’s then-current Policies, or otherwise may be harmful or objectionable to Gyld, its Members, third parties, or property.
6. Terms specific for DMsWhen creating a Listing through the Gyld Platform you must (i) provide complete and accurate information about your DM Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as personal rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for any D&D game) and (iii) provide any other pertinent information requested by Gyld. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”). Once a Player requests a booking of your Listing, you may not request that the Player pay a higher price than in the booking request.
Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your DM Services.
The placement and ranking of Listings in search results on the Gyld Platform may vary and depend on a variety of factors, such as Player search parameters and preferences, DM requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of DM Service, and/or ease of booking.
When you accept or have pre-approved a booking request by a Player, you are entering into a legally binding agreement with the Player and are required to provide your DM Service(s) to the Player as described in your Listing when the booking request is made.
7. Terms specific for PlayersSubject to meeting any requirements (such as completing any verification processes) set by Gyld and/or the DM, you can book a Listing available on the Gyld Platform by following the respective booking process. All applicable fees and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Gyld Account.
Upon receipt of a booking confirmation from Gyld, a legally binding agreement is formed between you and your DM, subject to any additional terms and conditions of the DM that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Gyld will collect the Total Fees at the time of the booking request or upon the DM’s confirmation.
If you book a DM Service on behalf of additional Players, you are required to ensure that every additional guest meets any requirements set by the DM, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the DM. If you are booking for an additional guest who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in a DM Service if accompanied by an adult who is responsible for them.
8. Booking Modifications, Cancellations and RefundsDMs and Players are responsible for any modifications to a booking that they make via the Gyld Platform, and agree to pay any additional Listing Fees, DM Fees and/or Taxes associated with such Booking Modifications.
Players can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the DM, and Gyld Payments will refund the amount of the Total Fees due to the Player in accordance with such cancellation policy. A cancellation may be subject to a cancellation fee.
If a DM cancels a confirmed booking, the Player will receive a full refund of the Total Fees for such booking. In some instances, Gyld may allow the Player to apply the refund to a new booking, in which case Gyld Payments will credit the amount against the Player’s subsequent booking at the Player’s direction.
If weather poses a safety risk to Players, or if it prevents a DM from carrying out a DM Service, DMs may cancel the DM Service. DMs may also cancel the DM Service if other conditions exist that would prevent the DM from offering the DM Service safely.
9. Ratings and ReviewsWithin a certain timeframe after completing a booking, Players and DMs can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Gyld. Ratings and Reviews are not verified by Gyld for accuracy and may be incorrect or misleading.
Ratings and Reviews by Players and DMs must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5.
Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Gyld Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
10. Disputes between MembersAs a Member, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, any location where any DM Service is being offered, excluding the DM.
If a Player claims and provides evidence that the Player did not receive a satisfactory or expected DM Service or gameplay experience (“Claim”), that Player may escalate his or her Claim to Gyld, and the DM will be given an opportunity to respond. Gyld may withhold payment to the DM until and unless Gyld determines, in its sole discretion, that the Claim is unfounded. Claims made by a Player to Gyld shall extend only to complaints related to the satisfaction with the gameplay experience provided by the DM; Gyld will not investigate or otherwise be responsible for any claims of any damage to any personal, real, or other property that occurs as a result of or during the provision of DM Services.
Members agree to cooperate with and assist Gyld in good faith, and to provide Gyld with such information and take such actions as may be reasonably requested by Gyld, in connection with any Claims or other complaints or claims made by Members relating to the provision of DM Services.
11. TaxesAs a DM you are solely responsible for determining your obligations to report, collect, remit any taxes, including but not limited to income and sales tax.
Tax regulations may require us to collect appropriate tax information from DMs, or to withhold taxes from payouts to DMs, or both. If a DM fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.
12. Prohibited ActivitiesYou are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Gyld Platform. In connection with your use of the Gyld Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms or Policies;
- use the Gyld Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Gyld endorsement, partnership or otherwise misleads others as to your affiliation with Gyld;
- use the Gyld Platform in connection with the distribution of unsolicited commercial messages ("spam");
- offer, as a DM, any DM Service that you do not yourself have permission to make available as through the Gyld Platform;
- unless Gyld explicitly permits otherwise, book any Listing if you will not actually be using the DM Services yourself;
- use the Gyld Platform to request, make or accept a booking independent of the Gyld Platform, to circumvent any service fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the Gyld Platform or Gyld Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Gyld harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- use, display, mirror or frame the Gyld Platform or Collective Content, or any individual element within the Gyld Platform, Gyld's name, any Gyld trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Gyld Platform, without Gyld's express written consent;
- dilute, tarnish or otherwise harm the Gyld brand in any way, including through unauthorized use of Collective Content, registering and/or using Gyld or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Gyld domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Gyld Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Gyld or any of Gyld's providers or any other third party to protect the Gyld Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Gyld Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Gyld Platform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Gyld by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
13. Term and Termination, Suspension and other MeasuresThis Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Gyld terminate the Agreement in accordance with this provision.
You may terminate this Agreement at any time by sending us an email. If you cancel your Gyld Account as a DM, any confirmed booking(s) will be automatically cancelled and your Players will receive a full refund. If you cancel your Gyld Account as a Player, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
Without limiting our rights specified below, Gyld may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
Gyld may immediately, without notice, terminate this Agreement and/or stop providing access to the Gyld Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, or our Policies, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Gyld believes in good faith that such action is reasonably necessary to protect the personal safety or property of Gyld, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
In addition, Gyld may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Gyld Account registration, Listing process or thereafter, (iv) you and/or your Listings or DM Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Gyld otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Gyld believes in good faith that such action is reasonably necessary to protect the personal safety or property of Gyld, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the Gyld Platform;
- temporarily or permanently revoke any special status associated with your Gyld Account;
- temporarily or in case of severe or repeated offenses permanently suspend your Gyld Account and stop providing access to the Gyld Platform.
When this Agreement has been terminated, you are not entitled to a restoration of your Gyld Account or any of your Member Content. If your access to or use of the Gyld Platform has been limited or your Gyld Account has been suspended or this Agreement has been terminated by us, you may not register a new Gyld Account or access and use the Gyld Platform through an Gyld Account of another Member.
Sections 5 and 14 to 19 of these Terms shall survive any termination or expiration of this Agreement.
14. DisclaimersIf you choose to use the Gyld Platform or Collective Content, you do so voluntarily and at your sole risk. The Gyld Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied. You agree that you have had whatever opportunity you deem necessary to investigate the Gyld Services, laws, rules, or regulations that may be applicable to your Listings and/or DM Services you are receiving and that you are not relying upon any statement of law or fact made by Gyld relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some DM Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some DM Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those DM Services. You assume full responsibility for the choices you make before, during and after your participation in a DM Service. If you are bringing a minor as an additional guest, you are solely responsible for the supervision of that minor throughout the duration of your DM Service and to the maximum extent permitted by law, you agree to release and hold harmless Gyld from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the DM Service or in any way related to your DM Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
15. LiabilityYou acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Gyld Platform and Collective Content, your publishing or booking of any Listing via the Gyld Platform, your participation in any DM Service, or any other interaction you have with other Members whether in person or online remains with you. Neither Gyld nor any other party involved in creating, producing, or delivering the Gyld Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Gyld Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Gyld Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s DM Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Gyld has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable DMs pursuant to these Terms, in no event will Gyld’s aggregate liability arising out of or in connection with these Terms and your use of the Gyld Platform including, but not limited to, from your publishing or booking of any Listings via the Gyld Platform, or from the use of or inability to use the Gyld Platform or Collective Content and in connection with any DM Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Gyld Platform as a Player in the twelve (12) month period prior to the event giving rise to the liability, or if you are a DM, the amounts paid by Gyld to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Gyld and you.
16. IndemnificationTo the maximum extent permitted by applicable law, you agree to release, defend (at Gyld’s option), indemnify, and hold Gyld and its affiliates and subsidiaries, including but not limited to, Gyld and its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies, (ii) your improper use of the Gyld Platform or any Gyld Services, (iii) your interaction with any Member, participation in any DM Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, or (iv) your breach of any laws, regulations or third party rights.
17. Dispute Resolution and Arbitration AgreementOverview of Dispute Resolution Process. Gyld is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process: (1) an informal negotiation directly with Gyld’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 17 and except as provided in Section 17.E). Specifically, the Consumer Arbitration Rules provide:
- Claims can be filed with AAA online (www.adr.org);
- Arbitrators must be neutral and no party may unilaterally select an arbitrator;
- Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at $200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
Agreement to Arbitrate. You and Gyld mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Gyld Platform, the DM Services, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Gyld agree that the arbitrator will decide that issue.
Exceptions to Arbitration Agreement. You and Gyld each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Gyld agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Washtenaw County; (c) in any other location to which you and Gyld both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
Modification of AAA Rules - Attorney’s Fees and Costs. You and Gyld agree that Gyld will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Gyld agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Jury Trial Waiver. You and Gyld acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
No Class Actions or Representative Proceedings. You and Gyld acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and Gyld both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 17.J. is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 17.J. is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Gyld agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
Severability. Except as provided in Section 17.J., in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Gyld changes this Section 17 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Gyld’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Gyld (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Gyld.
Survival. Except as provided in in this Section 17 and subject to Section 13.H, this Section 17 will survive any termination of these Terms and will continue to apply even if you stop using the Gyld Platform or terminate your Gyld Account.
18. Applicable Law and JurisdictionThese Terms will be interpreted in accordance with the laws of the State of Michigan and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 17 must be brought in state or federal court in Ann Arbor, Michigan, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Ann Arbor, Michigan.
19. General ProvisionsExcept as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Gyld and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Gyld and you in relation to the access to and use of the Gyld Platform.
No joint venture, partnership, employment, or agency relationship exists between you and Gyld as a result of this Agreement or your use of the Gyld Platform.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Gyld’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Gyld's prior written consent. Gyld may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Gyld via email, Gyld Platform notification, or messaging service.
If you have any questions about these Terms please email us.
Gyld Payments Terms Of ServiceYou understand that use of Gyld Services may result in charges to you for the purchase of services or goods you receive ("Charges"). Gyld will receive and/or enable your payment of the applicable Charges for Gyld Services. All Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees.
All amounts due and owing to a DM for the provision of DM Services to a Player(s) will be paid immediately to the DM upon Gyld’s determination that the DM Services have been delivered to the satisfaction of the ordering Player(s).
All Charges and payments will be enabled by Gyld using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Gyld may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Gyld.
As between Members and Gyld, Gyld reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Gyld Services at any time in Gyld's sole discretion. Gyld will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Gyld may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of Gyld Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of Gyld Services or the Charges applied to you. You may elect to cancel your request for Gyld Services at any time prior to the commencement of Gyld Services, in which case you may be charged a cancellation fee. After you have received or provided services or goods obtained through Gyld, you will have the opportunity to rate your experience and leave additional feedback. Gyld may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any DM or other third parties.
Charges Members incur will be owed and paid directly to Gyld or its affiliates, where Gyld is solely liable for any obligations to DMs. Gyld does not designate any portion of any Player’s payment as a tip or gratuity to a DM. You understand and agree that, while Players are free to provide additional payment as a gratuity to any DM who provides that Player with services or goods obtained through the Gyld Service, no Player is under any obligation to do so. Gratuities are voluntary.
2. INFORMATION WE COLLECT
There are three general categories of information we collect.
Information You Give to Us.
Information that is necessary for the use of the Gyld Platform.
We ask for and collect the following personal information about you when you use the Gyld Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.
Account Information. When you sign up for a Gyld Account, we require certain information such as your first name, last name, email address, and date of birth.
Profile and Listing Information. To use certain features of the Gyld Platform (such as booking or creating a Listing), we may ask you to provide additional information, which may include your address, phone number, and a profile picture.
Identity Verification Information. To help create and maintain a trusted environment, we may collect identity verification information (such as images of your government issued ID, passport, national ID card, or driving license, as permitted by applicable laws) or other authentication information.
Payment Information. To use certain features of the Gyld Platform (such as booking or creating a Listing), we may require you to provide certain financial information (like your bank account or credit card information) in order to facilitate the processing of payments.
Communications with Gyld and other Members. When you communicate with Gyld or use the Gyld Platform to communicate with other Members, we collect information about your communication and any information you choose to provide.
Information you choose to give us.
You may choose to provide us with additional personal information in order to obtain a better user experience when using Gyld Platform. This additional information will be processed based on our legitimate interest or when applicable, your consent.
Additional Profile Information. You may choose to provide additional information as part of your Gyld profile (such as gender, preferred language(s), city, and a personal description). Some of this information as indicated in your Account settings is part of your public profile page, and will be publicly visible to others.
Address Book Contact Information. You may choose to import your address book contacts or enter your contacts’ information manually to access certain features of the Gyld Platform, like inviting them to use Gyld.
Other Information. You may otherwise choose to provide us information when you fill in a form, update or add information to your Gyld Account, respond to surveys, post to community forums, participate in promotions, communicate with our customer care team, share your experience with us (such as through DM Stories), or use other features of the Gyld Platform.
Information that is necessary for the use of the Payment Services.
The Payments Data Controller needs to collect the following information necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use payment services:
Payment Information. When you use the Gyld payment services, the Payments Data Controller requires certain financial information (like your bank account or credit card information) in order to process payments and comply with applicable law.
Identity Verification and Other Information. If you are a DM, the Payments Data Controller may require identity verification information (such as images of your government issued ID, passport, national ID card, or driving license) or other authentication information, your date of birth, your address, email address, phone number and other information in order to verify your identity, provide the payment services to you, and to comply with applicable law.
Information We Automatically Collect from Your Use of the Gyld Platform and Payment Services.
When you use the Gyld Platform and the payment services, we automatically collect personal information about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the Gyld Platform and its payment services.
Geo-location Information. When you use certain features of the Gyld Platform, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu. Gyld may also collect this information even when you are not using the app if this connection is enabled through your settings or device permissions.
Usage Information. We collect information about your interactions with the Gyld Platform such as the pages or content you view, your searches for Listings, bookings you have made, and other actions on the Gyld Platform.
Log Data and Device Information. We automatically collect log data and device information when you access and use the Gyld Platform, even if you have not created a Gyld Account or logged in. That information includes, among other things: details about how you’ve used the Gyld Platform (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the Gyld Platform.
Payment Transaction Information. Gyld Payments collects information related to your payment transactions through the Gyld Platform, including the payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, PayPal email address, IBAN information, your address and other related transaction details. This information is necessary for the adequate performance of the contract between you and Gyld Payments and to allow the provision of the payment services.
Information We Collect from Third Parties.
Gyld may collect information, including personal information, that others provide about you when they use the Gyld Platform and the payment services, or obtain information from other sources and combine that with information we collect through the Gyld Platform and the payment services. We do not control, supervise or respond for how the third parties providing your information process your Personal Information, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.
Third Party Services. If you link, connect, or login to your Gyld Account with a third party service (e.g. Google, Facebook, WeChat), the third party service may send us information such as your registration, friends list, and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.
Your References. If someone has written a reference for you, it will be published on your Gyld public profile page with your consent.
Background Information. To the extent permitted by applicable laws, Gyld may obtain reports from public records of criminal convictions or sex offender registrations. We may use your information, including your full name and date of birth, to obtain such reports.
Referrals. If you are invited to Gyld, the person who invited you may submit personal information about you such as your email address or other contact information.
Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or information to help detect fraud and safety issues, from third party service providers and/or partners, and combine it with information we have about you. For example, we may receive background check results (with your consent where required) or fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the Gyld Platform through partnerships, or about your experiences and interactions from our partner ad networks.
Our websites and applications are not directed to children under 18 and we do not knowingly collect any personal information directly from children under 18. If you believe that we have processed the personal information pertaining to a child inappropriately, we take this very seriously and urge you to contact us.
3. HOW WE USE INFORMATION WE COLLECT
We may use, store, and process personal information to (1) provide, understand, improve, and develop the Gyld Platform, (2) create and maintain a trusted and safer environment (such as to comply with our legal obligations and ensure compliance with Gyld Policies) and (3) provide, personalize, measure, and improve our advertising and marketing.
Provide, Improve, and Develop the Gyld Platform. We may use the personal information to provide, improve, and develop the Gyld Platform such as to:
enable you to access and use the Gyld Platform,
enable you to communicate with other Members,
operate, protect, improve, and optimize the Gyld Platform and experience, such as by performing analytics and conducting research,
provide customer service,
send you service or support messages, updates, security alerts, and account notifications,
if you provide us with your contacts’ information, we may process this information: (i) to facilitate your referral invitations, (ii) send your requests for references, (iii) for fraud detection and prevention, and (iv) for any purpose you authorize at the time of collection,
and to operate, protect, improve, and optimize the Gyld Platform and experience, and personalize and customize your experience (such as making Listing suggestions, ranking search results), we conduct profiling based on your interactions with the Gyld Platform, your search and booking history, your profile information and preferences, and other content you submit to the Gyld Platform.
We process this personal information for these purposes given our legitimate interest in improving the Gyld Platform and our Members’ experience with it, and where it is necessary for the adequate performance of the contract with you.
Create and Maintain a Trusted and Safer Environment. We may use the personal information to create and maintain a trusted and safer environment such as to:
detect and prevent fraud, spam, abuse, security incidents, and other harmful activity,
conduct security investigations and risk assessments,
verify or authenticate information or identifications provided by you (such as to verify your Accommodation address or compare your identification photo to another photo you provide),
conduct checks against databases and other information sources, including background or police checks, to the extent permitted by applicable laws and with your consent where required,
comply with our legal obligations,
Resolve any disputes with any of our Members and enforce our agreements with third parties,
enforce our Terms of Service and other policies, and
in connection with the activities above, we may conduct profiling based on your interactions with the Gyld Platform, your profile information and other content you submit to the Gyld Platform, and information obtained from third parties. In limited cases, automated processes may restrict or suspend access to the Gyld Platform if such processes detect activity that we think poses a safety or other risk to the Gyld Platform, our community, or third parties. If you challenge the decisioning based on the automated process, please contact us.
We process this personal information for these purposes given our legitimate interest in protecting the Gyld Platform, to measure the adequate performance of our contract with you, and to comply with applicable laws.
Provide, Personalize, Measure, and Improve our Advertising and Marketing. We may use the personal information to provide, personalize, measure, and improve our advertising and marketing such as to:
send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about Gyld or partner campaigns and services) and social media advertising through social media platforms such as Facebook or Google),
personalize, measure, and improve our advertising,
Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Gyld or its third party partners,
conduct profiling on your characteristics and preferences (based on the information you provide to us, your interactions with the Gyld Platform, information obtained from third parties, and your search and booking history) to send you promotional messages, marketing, advertising and other information that we think may be of interest to you,
enrolling in an email subscription will not affect the frequency of administrative emails that we may send in connection with any Gyld Account. No fee is charged for sending promotional emails to you, but third-party data rates may apply. Note that you may not be able to take advantage of certain promotions if you do not have an Gyld Account, and
invite you to events and relevant opportunities (for example, when you share your DM story, we may use the information provided to reach out to you to invite you to relevant events).
We will process your personal information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest.
How the Payments Data Controller uses the Personal Information Collected. We may use the personal information as a part of Payment services such as to:
Enable you to access and use the Payment Services.
Detect and prevent fraud, abuse, security incidents, and other harmful activity.
Conduct security investigations and risk assessments.
Conduct checks against databases and other information sources.
Comply with legal obligations (such as anti-money laundering regulations).
Enforce the Payment Terms and other payment policies.
With your consent, send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences.
The Payments Data Controller processes this personal information given its legitimate interest in improving the Payment Services and its users’ experience with it, and where it is necessary for the adequate performance of the contract with you and to comply with applicable laws.
4. SHARING & DISCLOSURE
Advertising and Social Media; Sharing With Your Consent.
Where you have provided consent, we share your information, including personal information, as described at the time of consent, such as when you authorize a third party application or website to access your Gyld Account or when you participate in promotional activities conducted by Gyld partners or third parties.
Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our products and services or the Gyld Platform. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be if your interest.
The social media platforms with which we may share your personal information are not controlled or supervised by Gyld. Therefore, any questions regarding how your social media platform service provider processes your personal information should be directed to such provider.
Please note that you may, at any time ask Gyld to cease processing your data for these direct marketing purposes by sending an e-mail to us.
Sharing between Members.
To help facilitate bookings or other interactions between Members, we may need to share certain information, including personal information, with other Members, as it is necessary for the adequate performance of the contract between you and us, as follows:
When you as a Player submit a booking request, certain information about you is shared with the DM, including your profile, full name, the full name of any additional Players, your cancellation history, and other information you agree to share. When your booking is confirmed, we will disclose additional information to assist with coordinating the DM Service, like your phone number.
When you as a DM have a confirmed booking, certain information is shared with the Player (and the additional Players they may invite, if applicable) to coordinate the booking, such as your profile, full name, phone number, and address.
When you as a Player invite additional Players to a booking, your full name, game dates, DM name, Listing details, the address, and other related information will be shared with each additional Player.
We don’t share your billing and payout information with other Members.
Profiles, Listings, and other Public Information.
The Gyld Platform lets you publish information, including personal information, that is visible to the general public. For example:
Parts of your public profile page, such as your first name, your description, and city, are publicly visible to others.
Listing pages are publicly visible and include information such as the D&D game’s approximate location (neighborhood and city) or precise location (where you have provided your consent), Listing description, calendar availability, your public profile photo, aggregated demand information (like page views over a period of time), and any additional information you choose to share.
After completing a booking, Players and DMs may write Reviews and rate each other. Reviews and Ratings are a part of your public profile page and may also be surfaced elsewhere on the Gyld Platform (such as the Listing page).
If you submit content in a community or discussion forum, blog or social media post, or use a similar feature on the Gyld Platform, that content is publicly visible.
Based on our legitimate interest to promote the Gyld Platform we may display parts of the Gyld Platform (e.g., your Listing page) on sites operated by Gyld’s business partners, using technologies such as widgets or APIs. If your Listings are displayed on a partner’s site, information from your public profile page may also be displayed.
Information you share publicly on the Gyld Platform may be indexed through third party search engines. In some cases, you may opt-out of this feature in your Account settings. If you change your settings or your public-facing content, these search engines may not update their databases. We do not control the practices of third party search engines, and they may use caches containing your outdated information.
Compliance with Law, Responding to Legal Requests, Preventing Harm and Protection of our Rights.
Gyld may disclose your information, including personal information, to courts, law enforcement, governmental authorities, tax authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against Gyld, (iii) to respond to valid requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Service, the Payment Terms or other agreements with Members, or (v) to protect the rights, property or personal safety of Gyld, its employees, its Members, or members of the public. For example, DM tax information may be shared with tax authorities or other governmental agencies.
These disclosures may be necessary to comply with our legal obligations, for the protection of your or another person's vital interests or for the purposes of our or a third party’s legitimate interest in keeping the Gyld Platform secure, preventing harm or crime, enforcing or defending legal rights, facilitating the collection of taxes and prevention of tax fraud or preventing damage.
Where appropriate, we may notify Members about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon Gyld’s property, its Members and the Gyld Platform. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that Member about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.
Gyld uses a variety of third-party service providers to help us provide services related to the Gyld Platform and the payment services. For example, service providers may help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background or police checks, fraud prevention, and risk assessment, (iv) perform product development, maintenance and debugging, (v) allow the provision of the Gyld Services through third party platforms and software tools (e.g. through the integration with our APIs), (vi) provide customer service, advertising, or payments services, or (vii) process, handle or assess insurance claims or other similar claims. These providers have limited access to your personal information to perform these tasks on our behalf, and are contractually bound to protect the personal information and only use the personal information in accordance with our instructions .
Gyld will need to share your information, including personal information, in order to ensure the adequate performance of our contract with you.
To enable or support us in providing the Gyld Platform and the payment services, we may share your information, including personal information, within our corporate family of companies (both financial and non-financial entities) that are related by common ownership or control. We share your information, including personal information, with our corporate affiliates in order to support and integrate, promote, and to improve the Gyld Platform and our affiliates’ services.
We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, research, demographic profiling, marketing and advertising, and other business purposes.
5. OTHER IMPORTANT INFORMATION
Analyzing your Communications.
We may review, scan, or analyze your communications on the Gyld Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, analytics, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages to mask contact information and references to other websites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your messaging communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.
These activities are carried out based on Gyld's legitimate interest in ensuring compliance with applicable laws and our Terms, preventing fraud, promoting safety, and improving and ensuring the adequate performance of our services.
Linking Third Party Accounts.
You may link your Gyld Account with your account at a third party social networking service. Your contacts on these third party services are referred to as “Friends.” When you create this link:
some of the information you provide to us from the linking of your accounts may be published on your Gyld Account profile;
your activities on the Gyld Platform may be displayed to your Friends on the Gyld Platform and/or that third party site;
a link to your public profile on that third party social networking service may be included in your Gyld public profile;
other Gyld users may be able to see any common Friends that you may have with them, or that you are a Friend of their Friend if applicable;
other Gyld users may be able to see any schools, hometowns or other groups you have in common with them as listed on your linked social networking service;
the information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes; and
the publication and display of information that you provide to Gyld through this linkage is subject to your settings and authorizations on the Gyld Platform and the third party site.
We only collect your information from linked third party accounts to the extent necessary to ensure the adequate performance of our contract with you, or to ensure that we comply with applicable laws, or with your consent.
Third Party Partners & Integrations
The Gyld Platform may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services (“Third Party Partners”). Gyld doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, Gyld, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.
6. YOUR RIGHTS
You may exercise any of the rights described in this section before your applicable Gyld Data Controller and Payments Data Controller by sending an email to us. Please note that we may ask you to verify your identity and request before taking further action on your request.
Managing Your Information.
You may access and update some of your information through your Account settings. If you have chosen to connect your Gyld Account to a third-party application, like Facebook or Google, you can change your settings and remove permission for the app by changing your Account settings. You are responsible for keeping your personal information up-to-date.
Rectification of Inaccurate or Incomplete Information.
You have the right to ask us to correct inaccurate or incomplete personal information about you (and which you cannot update yourself within your Gyld Account).
Data Access and Portability.
In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
Data Retention and Erasure.
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. In certain jurisdictions, you can request to have all your personal information deleted entirely." Please note that if you request the erasure of your personal information:
We may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend a Gyld Account for fraud or safety reasons, we may retain certain information from that Gyld Account to prevent that Member from opening a new Gyld Account in the future.
We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, Gyld and Gyld Payments may keep some of your information for tax, legal reporting and auditing obligations.
Information you have shared with others (e.g., Reviews, forum postings) may continue to be publicly visible on the Gyld Platform, even after your Gyld Account is cancelled. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.
Because we maintain the Gyld Platform to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.
Withdrawing Consent and Restriction of Processing.
If we are processing your personal information based on your consent you may withdraw your consent at any time by changing your Account settings or by sending a communication to Gyld specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defense of legal claims; or (iv) you have objected to the processing pursuant to Section 6.F. and pending the verification whether the legitimate grounds of Gyld override your own.
Objection to Processing.
In some jurisdictions, applicable law may entitle you to require Gyld not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing Gyld and/or Gyld Payments will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defence of legal claims.
You have the right to lodge complaints about our data processing activities by filing a complaint with us.
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. If you know or have reason to believe that your Gyld Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Gyld Account, please contact us.
9. CONTACT US