Please read these terms carefully before using NoGambling
This Terms of Use Agreement and our Privacy Statement (together, these "Terms") describe the terms and conditions on which NoGambling offers you access to the website at nogambling.app (the 'website') or our iOS and Android applications (the 'apps') to which these Terms are linked or referenced (collectively, the "Services").
Before accessing and using the Services, please read these Terms carefully because they constitute a legal agreement between NoGambling and you.
BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:
YOU HAVE READ AND UNDERSTAND THESE TERMS; YOU WILL COMPLY WITH THE TERMS; AND YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.
If you do not agree to any of these Terms, please do not use the Services.
We reserve the right to modify these terms at any time. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes, we will notify you here that it has been updated. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of our agreements, notices or statements about the Terms.
The Services, including all medically-related information, is for informational purposes only. NoGambling does not warrant or guarantee any treatment, therapy, medication, device, diagnosis, action, recommendation, or strategy of any author or other person available through the Services.
We also cannot answer any medical-related questions either through the apps or via email or any other means.
NoGambling SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER BECAUSE OF SOMETHING YOU MAY HAVE READ THROUGH THE SERVICES. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTH CARE PROFESSIONAL AND 911.
NoGambling provides financial tracking and debt management tools for informational and organizational purposes only. NoGambling does not provide financial advice, debt counseling, or professional financial services. We are not responsible for any debts, financial obligations, or financial decisions made by users. Users are solely responsible for their own debts, financial commitments, and any consequences arising from their financial decisions. The debt tracking and financial tools within the Services are meant to help users organize their personal financial information and should not be considered as professional financial advice or debt management services.
The materials appearing on the Services could include technical, typographical, or photographic errors. We do not warrant that any of the materials on its website or apps are accurate, complete or current. We may make changes to the materials contained on the Services at any time without notice. However we do not make any commitment to update the materials.
The Services may contain links to third-party websites and services, including social media (collectively, "Linked Services"). Linked Services are not under the control of NoGambling and NoGambling is not responsible for Linked Services or for any information or materials on or any form of transmission received from any Linked Service. The inclusion of a link does not imply endorsement by NoGambling of the Linked Service or any association with the operators of the Linked Service. NoGambling does not investigate, verify or monitor the Linked Services. NoGambling provides links to Linked Services for your convenience only. You access Linked Services at your own risk and subject to the privacy policies, terms and conditions of use and other legal provisions applicable to the Linked Services.
NoGambling may from time to time, in its sole discretion, develop and provide updates for Apps, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that NoGambling has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Based on your mobile device settings, when your mobile device is connected to the Internet, then either: (a) the Updates will automatically download and install; or (b) you may receive notice of or be prompted to download and install available Updates.
Please promptly download and install all Updates. If you do not, portions of the Services may not properly operate. You further agree that all Updates will be deemed part of the Services and subject to all terms and conditions of these Terms.
Eligibility: You must be the age of legal majority or older in your place of residence to use the Services. By using the Services, you represent to NoGambling that you are at least the age of majority in your place of residence.
Your Responsibilities: You may use the Services for lawful purposes only. You may not use the Services in any manner that could damage, disable, overburden or impair NoGambling's servers or networks or interfere with any other party's use and enjoyment of the Services.
You may not attempt to gain unauthorized access to the Services, other users' Accounts or NoGambling's computer systems or networks through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not and you agree not to encourage or allow any third party to:
You are solely responsible for any and all charges, fees and other costs related to use of the Services. If you access and use the Services on your smartphone, tablet or other mobile device, you must have wireless service through Wi-Fi or a participating mobile service provider.
NoGambling warrants that NoGambling has validly entered into these Terms and has the legal power to do so. You warrant that you have validly entered into these Terms and have the legal power to do so. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NoGambling specifically disclaims all warranties and conditions of any kind, including any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. NoGambling makes no warranty as to the accuracy, completeness, currency or reliability of any of the Services. NoGambling does not warrant that (i) the Services will meet your requirements, (ii) operation of the Services will be uninterrupted or virus- or error-free or (iii) errors will be corrected. Any oral or written advice provided by NoGambling or its agents does not and will not create any warranty.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
NoGambling SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES, EVEN IF NoGambling HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE SERVICES OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SERVICES OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SERVICES.
IF FOR ANY REASON THE DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION IS/ARE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN NoGambling'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES HEREUNDER SHALL BE LIMITED TO THE LESSER OF THE TOTAL FEES PAID BY YOU TO NoGambling DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY AND $1,000.
The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law.
You acknowledge and agree that the above limitations of liability, together with the other provisions in these Terms that limit liability, are essential terms and that NoGambling would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to defend, indemnify and hold harmless NoGambling and affiliates and their respective officers, directors, employees, agents and licensees from any and all liability including costs, expenses, the costs of enforcing any right to indemnification hereunder and any insurance provider and attorneys' fees brought against NoGambling by any third party arising out of or are related to your violation of these Terms or use of the Services. NoGambling reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of NoGambling may be made without NoGambling's prior written approval.
NoGambling agrees to indemnify you for any direct damages that you suffer arising out of or related to any suit, action of proceeding by a third party to the extent such direct damages arise from a claim that your use of the Services in compliance with these Terms infringes a third party's U.S. patent, copyright or trademark right.
Your affirmative act of using and/or registering for the Services constitutes your consent to enter into agreements with NoGambling electronically.
The Services are operated from Serbia and available globally. You acknowledge that you may not be able to access the Services in certain countries where access may not be legal by certain persons or in certain jurisdictions. You are responsible for compliance with local laws in your jurisdiction.
Please note: By agreeing to these Terms, you explicitly agree that any claims or actions that you may have against NoGambling will be governed by Serbian law for users in the European Union and other international jurisdictions.
This provision only applies in respect of the version of the NoGambling App ("App") used on devices of Apple, Inc. This Agreement is an agreement between you and NoGambling. Apple has no responsibility for the App or the content of the App, including in respect of claims of intellectual property infringement, product liability or that the App does not conform with applicable law. To the maximum extent permitted by applicable law, Apple provides no warranty in respect of the App and has no obligation to provide support in respect of the App. All claims in respect of the App must be directed to us and not to Apple. Your use of the App must be in compliance with the App Store Terms of Service, and you may only use the App on an iPhone or iPod that you own or control as permitted by such terms. In the event the App fails to conform to the warranty set forth herein, you may notify Apple, and Apple will refund the purchase price for the App to you. Apple shall be a third party beneficiary of this Agreement with the right to enforce this Agreement against you.
By using our app and making in-app purchases, you consent to our sharing of data regarding your usage and consumption of purchased content with Apple, as part of our efforts to resolve refund requests. This information may include details about how you have accessed and interacted with the purchased content. The purpose of sharing this data is to help Apple make an informed decision regarding refund requests. We ensure that such data sharing is done in compliance with Apple's policies and only as necessary to process your requests.
This Agreement shall be governed as follows:
For users in the European Union and other international jurisdictions: This Agreement shall be governed in all respects under the laws of Serbia, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Application, you irrevocably agree to submit to the exclusive jurisdiction of the courts located in Belgrade, Serbia.
Please make sure that you carefully read our Privacy Statement to learn about the information that NoGambling collects through the Services and how we process it.
Without limiting the terms of NoGambling's Privacy Statement, you understand that NoGambling does not and cannot guarantee that your use of the Services and/or the information provided by you through the Services will be private or secure. Except as expressly required by law, NoGambling is not responsible or liable to you for any lack of privacy or security you may experience. You are responsible for using the precautions and security measures best suited for your situation and intended use of the Services. NoGambling reserves the right at all times to disclose any information as NoGambling deems necessary to satisfy any applicable law, regulation, legal process or governmental request or protect the security of Personal Information and the Services.
You retain your rights to any Content you submit, post or display on or through the Services. What's yours is yours - you own your Content.
By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your Content available to the rest of the world and to let others do the same.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant NoGambling the license described above.
If you have any questions about our terms, please feel free to email us at [email protected]