The following Terms & Conditions constitute a binding agreement between you, the website user (hereinafter "you" or "user") and C Gulls, Inc., a Delaware corporation doing business as TheMineLife via the website found at www.theminelife.com (collectively hereinafter "TheMineLife"). By using TheMineLife's services and/or accessing its website, you accept these Terms & Conditions, as well as the manner in which TheMineLife operates.
TheMineLife does not guarantee that you will win any auction or that the final price in any auction will be below the retail price.
Binding Agreement. By clicking "I agree", registering, or otherwise accessing the Site, you agree to be bound by these Terms & Conditions. TheMineLife's agreement to provide any services to you is contingent upon your agreement to these Terms & Conditions. If you access, download, or otherwise use any service provided by TheMineLife, you agree to and are bound by these Terms & Conditions.
Amendments. TheMineLife may change (add to, delete, or amend) the Terms & Conditions from time to time, with or without cause. Should this occur, you agree that TheMineLife may provide you notice of such changes in any of the following ways: via an email from TheMineLife, via an RSS feed, via TheMineLife' blog, and/or by posting a change notice on the website for a reasonably limited time. It is your responsibility to review any revised Terms & Conditions. Should you find any subsequent revisions to the Terms & Conditions unacceptable, you must cease using TheMineLife' services. By continuing to access, use, or download in any way any service from TheMineLife following notice of a revision to the Terms & Conditions, you agree to and are bound by the Terms & Conditions as revised.
Eligibility. By accepting the Terms & Conditions and/or registering with TheMineLife, you represent and warrant that you reside in one of the 50 states of the United States or Washington D.C. that you are at least 18 years of age and of at least the age of majority pursuant to the applicable laws of the country, state, city, or other jurisdiction (hereinafter collectively a "Jurisdiction") , that you are competent to engage in a binding contract, and that you meet all other eligibility requirements contained in these Terms & Conditions. By using TheMineLife, you warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions.
TheMineLife employees and their family members (defined as parents, spouse, siblings and children) and any persons residing in the same household as TheMineLife employees may not under any circumstances participate in TheMineLife auctions. You therefore represent and warrant that you are not an employee of TheMineLife or a family member of an employee.
TheMineLife products and services are offered exclusively to private, individual users who are natural persons and not to business or corporate entities of any kind.
TheMineLife reserves the right to limit in its sole discretion the number of user accounts per natural person and the number of won auctions per user account. A single credit card may not be used in conjunction with multiple user accounts. You may not participate in auctions or otherwise use TheMineLife's services in collusion with other users. TheMineLife reserves the right to permanently close the accounts of users suspected of collusion.
Registration. You may register only once with TheMineLife, and you must provide a postal address where you reside (P.O. boxes or similar arrangements are not permitted). You agree not to register for more than one account. You agree that any registration information you provide is true and accurate. You must not provide misleading information when registering. You agree you will not exchange information with other TheMineLife users. Your chosen username must not be offensive, rude, disparaging, or intended to deceive or delude other TheMineLife users. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party.
If TheMineLife receives information that your username constitutes a breach of these Terms & Conditions as evaluated in TheMineLife' sole discretion, your user account may be frozen until you change the username.
You understand and agree that TheMineLife may permanently close your account without prior notice to you if you violate these Terms & Conditions.
You are responsible for keeping your user account password confidential. User accounts are non-transferable. Only you may use your user account. You agree to be liable for all offensive or unlawful activities that are undertaken using your user account.
Account Termination. TheMineLife reserves the right to temporarily or permanently terminate your account at TheMineLife sole discretion if it determines or suspects you have violated these Terms & Conditions, any laws, or the rights of our other users or other third parties. Examples of unauthorized usage include, but are not limited to, the use of unauthorized third-party mining or mine tracking software, the creation of multiple accounts by the same individual or other fraudulent account activity or behavior. you agree that if TheMineLife, in good faith and in its sole discretion, determines that you have breached these Terms & Conditions, TheMineLife may withhold, cancel, or otherwise retain any and all of your pending deliveries and/or refunds for mines.
Services. TheMineLife is primarily engaged in providing services consisting of online auctions of goods, gift cards, prepaid debit cards, or other property. You, the user, may participate in such auctions if you have registered, agreed to these Terms & Conditions, and have purchased or otherwise acquired one or more mines. Your mines may be used to bid on items auctioned by TheMineLife during the time the auction is pending. You agree that TheMineLife may, in its sole and absolute discretion, determine what property to offer at auction. You further understand and agree that the length of time an auction will remain open or pending will vary depending on the number of mines received from you and other users.
In addition to the auctions and mine-purchasing interface, TheMineLife website contains the following Features:
- Command Center: A customizable auction page unique to each user where you can save, move, or remove shortcuts to any auctions you may wish.
- Auto mine: An automatic bidding software that you may use to set a range for the auto bidder to bid for you.
- 1 click reload: You may set preferences for the amount of mines you want to reload (i.e. purchase additional mines.) When you hit the "1 click reload" button, your pre-set quantity of mines are automatically reloaded to your account
- WinCube: Where Everyone wins points, Mine Money, Premium Mine Chips, premium mines, rewards, game mines. The more you play, the higher the wincube levels and the bigger the prizes. The WinCube multiplier can increase your prizes by 335X!
- Exchange Center: Exchange your rewards for gift cards.
- Categories: Choose the category of your interest.
TheMineLife offers two primary types of auctions:
- Premium Games: Requires premium mine or premium mine chips to mine. When the clock displaying the remaining time left in the auction is under fifteen seconds and a user mines, the clock resets to fifteen seconds and price of the auctioned item goes up by a penny ($0.01). The winner of the auction pays the end auction price for the auctioned item. The item will be shipped to the user pursuant to the "Shipping" terms herein. Every bid used earns giveback. Everyone wins the auction or entry into the Wincube.
- Free Games: When the clock displaying the remaining time left in the auction is under fifteen seconds and a user mines, the clock resets to fifteen seconds and price of the auctioned item goes up by a penny ($0.01). The winner does not pay the end auction price but does pay for shipping if the user requests shipment of a physical card or item. The end auction price resets to $0.00 when it hits $5.00. Every mine used earns giveback. Everyone wins the auction or entry into the Wincube.
Daily Win Limits
In the event that you, the User, win either a) any three Experience Auctions during one calendar day [i.e., between 12:00 a.m. and 11:59 p.m. pacific time of any day] or b) three Free Games of gift card(s), prepaid debit card(s) or "mine$", you agree to immediately cease mining on any other pending auctions for the remainder of the day. You may resume placing mines on open auctions at 12:01 a.m. of the following day.
You further understand and agree that any mines placed in violation of the daily win limits described above shall be lost, void, and of no effect. Any mines used to place such mines shall also be lost or forfeited, and will not be returned or reimbursed.
Gift Cards. The following terms apply to Amazon.com gift cards auctioned by TheMineLife: Amazon.com Gift Cards ("GCs") are sold by Gyft, an authorized and independent reseller of Amazon.com Gift Cards. Except as required by law, GCs cannot be transferred for value or redeemed for cash. GCs may be used only for purchases of eligible goods at Amazon.com or certain of its affiliated websites. For complete terms and conditions, see www.amazon.com/gc-legal. GCs are issued by ACI Gift Cards, Inc., a Washington corporation. All Amazon ®, ™ & © are IP of Amazon.com, Inc. or its affiliates. No expiration date or service fees.
Product Delivery. Deliveries are made exclusively to the 50 states of the United States and Washington D.C.. Some restrictions or higher shipping costs may apply to deliveries to Alaska and Hawaii. Unless otherwise stated, delivery will be made directly from our supplier or from our warehouse to the address provided by you. Delivery times vary; therefore, any time provided is only a guide. TheMineLife shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the user. Obvious damage to the item from transport or packaging damaged during transport must be reported to TheMineLife upon receipt.
TheMineLife reserves the right, in its sole discretion, to refuse shipment to foreign countries and/or outlying islands and territories of the United States.
Retention of Title. You agree that the item delivered shall remain TheMineLife' property until TheMineLife receives payment in full, including shipping costs and mines used in the auction.
Disclaimer of Warranty and Liability Regarding Use of TheMineLife. You agree that use of TheMineLife is at your sole risk. Neither TheMineLife nor any of its officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by TheMineLife, or the like, warrant that websites affiliated with TheMineLife, including, but not limited to, TheMineLife, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products, and services published on TheMineLife may contain inaccuracies or typographical errors. TheMineLife makes no warranty as to the results that may be obtained from the use of TheMineLife or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through TheMineLife. TheMineLife shall not be responsible for any opinions, views, advice, or statements posted on TheMineLife (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized TheMineLife spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorized TheMineLife spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification.
YOUR USE OF THEMINELIFE IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY THEMINELIFE LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THEMINELIFE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THEMINELIFE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEMINELIFE, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF THEMINELIFE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, THEMINELIFE DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THEMINELIFE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM THEMINELIFE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT THEMINELIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS LIMITATION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THEMINELIFE.
THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ASSEMBLY, USE OR MISUSE OF OR RELIANCE ON THEMINELIFE SERVICES OR ITEMS PURCHASED THROUGH THEMINELIFE, FROM INABILITY TO USE THEMINELIFE' SERVICES OR ITEMS PURCHASED THROUGH THEMINELIFE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THEMINELIFE' SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If you are dissatisfied with any portion of TheMineLife, you should discontinue your use of TheMineLife.
Disclaimer of Warranty and Liability Regarding Purchases from TheMineLife. TheMineLife hereby disclaims any and all liability from claims arising from transportation, lodging, or event tickets offered on the TheMineLife site. TheMineLife will not be liable for any damages or injuries, whether physical or emotional, that occur or arise at or in transit to an event or destination for which tickets were purchased from TheMineLife.
All new products are sold with the manufacturer's limited warranty only. TheMineLife warrants solely that the products sold to you under these terms shall have the characteristics specified in TheMineLife' specifications for such products as set forth in the description of each auction and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request to TheMineLife. Warranty is excluded for the delivery of any used products.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THEMINELIFE MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY THEMINELIFE OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT THEMINELIFE SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY THEMINELIFE. IN NO EVENT SHALL THEMINELIFE BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.
Limitation of Remedies. IN ANY ACTION RELATED TO ONE OR MORE AUCTIONS OF GOODS OR OTHER PROPERTY, YOU AGREE THAT THEMINELIFE SHALL NOT BE LIABLE FOR ANY DAMAGES EXCEEDING THE FAIR MARKET VALUE OF SUCH GOODS OR OTHER PROPERTY, REGARDLESS OF THE THEORY OF RECOVERY, BE IT LEGAL, EQUITABLE, OR OTHERWISE.
Indemnity. You agree to indemnify, defend, and hold TheMineLife and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the "Indemnified Persons") harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) your use of TheMineLife or any of the services offered by TheMineLife, (ii) any violation of these Terms & Conditions by you or any person acting in collusion with you, (iii) any violation of applicable law or court order by you, and (iv) any negligence or willful misconduct by you.
System Outage / Temporarily Paused Auctions. A system outage has occurred if no mines can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily paused and the remaining time for the auctions, the current mining price, and the current highest bidder will be recorded. After the disruption has been resolved, the auctions will be continued and ten minutes will be added to the remaining times for the auctions. Temporarily paused auctions are clearly indicated. Bids placed on a temporarily paused auctions will be credited back to your account; however, TheMineLife is not responsible for any other costs incurred by you due to a system outage. TheMineLife reserves the right to cancel auctions that end due to system error, bot bidders, employee bidders, technical problems, or any other reasonable reason.
With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. TheMineLife, therefore, provides no guarantee for the constant and uninterrupted availability of the website and other technical systems. TheMineLife shall not be liable for any damage incurred by auction users or third parties from using TheMineLife' services. In particular, TheMineLife shall not be liable for damage that occurs due to mines not being received by TheMineLife, not being received promptly, or not being considered as a consequence of technical errors.
Trademarks. TheMineLife' logos are trademarks of TheMineLife. All rights reserved. Any trademarks appearing on TheMineLife are the property of their respective owners.
Service and Support for Products Purchased. All requests for technical service and support on products purchased on TheMineLife should be made directly to the manufacturer in accordance with their Terms & Conditions.
Dispute Resolution; Mandatory Binding Arbitration. By agreeing to these Terms & Conditions, you and TheMineLife each waive the right to a jury trial or to participate in a class action. Further, you agree that any and all disputes, claims, and causes of action relating in any way to your use of TheMineLife, including your use prior to agreeing to these Terms & Conditions, or to any products sold by TheMineLife will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
You agree that any and all claims, disputes, and causes of action between you and TheMineLife, including those relating to your use of the TheMineLife website or these Terms & Conditions (each a "Dispute" and collectively, "Disputes"), shall be resolved as set forth in this section. Before initiating any formal Dispute resolution proceedings, you agree to negotiate with TheMineLife regarding any Disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. You may initiate these negotiations by sending a notice of the Dispute (the "Notice of Dispute") to TheMineLife in a manner specified in the "Notices" section below. If TheMineLife and you do not reach an agreement regarding a Dispute within 30 days following TheMineLife' receipt of the Notice of Dispute, you may submit your claim to mandatory, binding arbitration to be administered by the American Arbitration Association ("AAA"). The forum and venue for any arbitration proceeding between you and TheMineLife shall be San Diego County, California, and ny hearing held in an arbitration proceeding between you and TheMineLife shall take place in San Diego County, California. Any proceeding to which you and TheMineLife are parties shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the "AAA rules"). The AAA rules are available online at adr.org. The proceedings shall be governed by the Federal Arbitration Act, and the award shall be final and binding, may be enforced in any court of competent jurisdiction, and shall not be subject to appeal.
During the arbitration, the amount of any settlement offer made by TheMineLife or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or TheMineLife is entitled.
You are responsible for initial payment of any administrative and arbitrator fees required by AAA with respect to any claim you initiate against TheMineLife. However, the arbitrator may, in his or her discretion, award attorney's fees and arbitration fees to the prevailing party.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and TheMineLife agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Notwithstanding any provision in this Agreement to the contrary, we agree that if TheMineLife makes any future change to this arbitration provision (other than a change to the Address provided in the "Notices" section below) you may reject any such change by sending us written notice within 30 days of the change to the Address provided in the "Notices" section below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
Choice of Law, Forum Selection, and Severability. These Terms & Conditions and your use of TheMineLife shall be governed by the laws of the United States of America and the State of California. Without in any way limiting the "Dispute Resolution" requirements set forth above, any court proceeding, arbitration, or other judicial or quasi-judicial proceeding related to TheMineLife, the website or these Terms & Conditions shall be brought only in a federal or state court sitting in California, or before an arbitrator located in California. You agree to accept the jurisdiction of such courts or arbitrators.
VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or participate in auctions offered by TheMineLife while located in a prohibited jurisdiction, you will be in violation of the law and these Terms & Conditions and subject to having your account suspended or closed permanently. You agree that TheMineLife cannot be held liable if laws applicable to you restrict or prohibit your participation.
The UN Convention on the International Sale of Goods shall not apply.
If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms & Conditions shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to effect the original intent of these Terms & Conditions as closely as possible.
External Links. Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.
Notices. Except as provided otherwise in these Terms & Conditions, all notices, requests, instructions, and other communications given to TheMineLife by you must be given in writing by hand delivery in return for a receipt, sent certified or registered U.S. mail (return receipt requested), or sent by FedEx or a similar overnight courier service, addressed to TheMineLife, 619 S Vulcan Ave, Ste 214B, Encinitas, CA 92024, or by email to [email protected]