General Rules

These terms (Hereby referred to as the "Terms of Use" or "This Document") constitute an agreement with NetGains, Inc. located in 4730 South Fort Apache Road Suite 300 Las Vegas, NV89147 and all concerned, in relation to Netgains Pass and all Netgains provided Services (Hereby referred to as "Our Service(s)" or "Netgains Service(s)"), to make our operation methods more clear and efficient.
Those wishing to register to use Our Services, consent to the terms within This Document when applying to register to use an Netgains Pass. Those registered to use an Netgains Pass (Hereby referred to as or "Member(s)"), or all those (including Members) who potentially use any of Our Services (Hereby referred to as "User(s)") consent to holding full liability.
Users and Members agree to these Terms of Use and the Terms of Use for each Service upon using Our Services.

Fundamental Guidelines

1. Privacy Policy

Please refer here to see our Privacy Policy

2. Using Our Services.

1. Netgains Pass  Application and Consent
   An Netgains Pass application constitutes Netgains lending a User ID and password, necessary for use of Our Service. However, in the event that information supplied by the User during application contains falsehoods, or in the event that Netgains concludes that a User's use of Netgains Pass  is inappropriate, Netgains retains the right to cancel any Members' Netgains Pass . Netgains is not obligated to notify the Member about the cancellation.
2. Notice and Contact
   Netgains will notify users about necessary information, in a matter Netgains considers appropriate, including through Netgains's website or e-mail etc. In this case, Netgains may use the information submitted by the users (including information provided by third-party service with user's consent). When such notices are sent by email or over our website, they may come into effect from the point they were sent. Users do not retain any right to refuse emails from Netgains, and Users are obligated to inform us of any change in contact email address, immediately. Users acknowledge that Netgains does not accept contact by phone, fax or visitation. All notices which require replies must be replied to within specified period by Netgains. If Netgains does not receive a confirmed reply within this period, Netgains retains the right to freeze and/or cancel Users' account(s).
3. Registered E-mail Address, User ID and Password
   Users are held fully responsible for their registered email addresses, User Ids and Passwords. By applying, Users agree that Netgains cannot be held accountable for any loss or damage caused by a User's mistake and/or inproper use by a third party. Furthermore, Netgains is not obligated to reissue Users' email address, User ID or password.
4. Transfer/Sale of Service Privileges
   Users are in no way permitted to sell, transfer or loan their Netgains Pass  and/or service privileges to a third party without expressed approval from Netgains, nor may these be shared in a way that detriments Netgains.
5. Access
   All Users are required to have Internet access in order to use Netgains services. This Internet access will need to be installed and maintained at the User's own expense. Netgains is in no way responsible for arranging Internet access for Users.
6. Traffic and Domain
   Netgains retains the right to set and alter limitations to file sizes, savable domain space, and data transfer on its services, where otherwise undefined, and may do so at our own discretion.
7. User Content
   Members retain copyright and other privileges for all original, accessible information and creations on forums, blogs, websites and other Netgains services that they themselves create (Hereby referred to as "User Content" or "Content"). All User Content may be edited, translated, adapted, published, performed, presented, promoted, distributed or used for any other reason, by Netgains unconditionally. This is essential for the continual running of Netgains Services. Users consent to this.
8. Third Party Contents
   Users and/or Members may use, trade or download software from third party individual or business services when using Our Services. In this case the User must have permission or an agreement with the third party, separate from This Document. This Document has no legal affect on said separate agreement.
9. Agent of Payee
   By agreeing to Netgains terms of use, you acknowledge that Netgains is providing the payment services and related functionality and technology in support of those services as further described herein (collectively the “Services”) to customers (each a “Payor”) who desire to make payments to their designated payees (a “Payee”). You also acknowledge that any payment received by Netgains from a Payor for a Payee will be received by Netgains as an agent of the Payee pursuant to this preexisting written contract and that the delivery of the payment to Netgains shall satisfy the Payor’s obligation to the Payee.

3. Pay-for-use Services and Netgains Points

Users who use Netgains Pay-for-use Services (Hereby also referred to as "Premium Service(s)") and/or any payment in Our Services that include Netgains Points, agree to the "Netgains Point Terms of Use" (also referred to as the "Netgains Premium Services Terms of Use"). Following billing descriptor will display on your credit card statement as "pass.netgains.biz".

 is responsible for alternative payment methods collection on pass.netgains.biz.

4. Prohibited Conduct and Bans

1. Netgains expressly prohibits the following conduct, or any corresponding conduct as determined by Netgains, on Our Services. Netgains retains the right to ban, without warning, any User who has engaged in prohibited acts or conduct, or take any possible form of legal action; and may demand compensation or reparations from any User who caused any form of damage to Netgains or a third party.
   Please refer here to see our Copyright Guideline.
   1. Violations of these Terms of Use.
   2. Breaching the trust of, or defaming other Users or third parties.Infringing others' Privacy rights, Image rights etc.
   3. Infringing on other Users' and/or third parties' industrial property rights (patents, trademarks etc.), copyright, trade secrets and/or intellectual property rights.
   4. Uploading or posting unlawful content, and/or supporting or encouraging illegal activity including but not limited to causing injury, theft, suicide, the use and/or sales of illicit substances as well as acts that encourage, solicit or suggest the use and/or sales of drugs.
   5. Maintaining content which violates local, regional, national, or international law; in particular that which violates US law.
   6. Depictions and/or conduct that go against public order or are immoral. Publishing and/or releasing vulgarities, in the form of video, audio, image, text etc. against other Users and/or third parties; or assisting in such an act.
   7. Hindering, interfering with, disturbing or blocking the use of Our Services to other Users, or engaging in conduct or performing actions which cause difficulty for others; or assisting in such an act.
   8. Engaging in discrimination against individuals, specific groups, government organizations, nations, products, political administrations, beliefs, ideas, ideologies, race, religion, ethnicity, gender etc. ; or engaging in slander or libel or any similar act that causes defamation to others; or assisting in such an act.
   9. Claiming to be another individual, business or organization, regardless of whether or not such an entity actually exists; and/or falsely claiming to be partners and/or in collaboration with an organization or business; or other such acts.
   10. Impersonating Netgains, content providers or management, or any other third party.
   11. Publishing or posting defamatory content or information which could potentially lead to damages to vor Netgains's business partner(s).
   12. Acting in such a way as to place burden on Netgains's server(s); disrupting, damaging, limiting or interfering with Netgains's or others' computer software, hardware capabilities etc. or assisting in such an act.
   13. Posting the same, or similar, post or comment repeatedly. Spamming and/or trolling or other such acts.
   14. Engaging in conduct which is detrimental to the healthy development of, or causes harm to minors (eg. sending or posting violent images or text of child pornography, child prostitution, bestiality, or violence), or anything that promotes or assists such conduct.
   15. Giving advanced notice of crimes or of actions leading to crime, or posting threatening information which can be viewed by an unspecified number of people.
   16. Using Our Service(s) as a medium to do illegal business or commit conduct that runs counter to the law.
   17. Engaging in malignant business practices, our excessive solicitation to advertisements or religion.
   18. Establishing or recruiting people into pyramid schemes or other similar acts.
   19. Selling or attempting to sell Our Service(s) to a third party.
   20. Using, registering or upgrading mass amounts of software or programs, causing high access, and preventing our service from operating as intended.
   21. Collecting, video recording, duplicating, falsifying, distributing and/or displaying of contents and/or data acquired from Our Services without permission or the use, introduction or suggesting of tools or other means that may promote or encourage these acts.
   22. Inappropriate use or registration of multiple accounts or other conduct that prevents the stable operation of Our Services.
   23. Engaging in conduct that is detrimental to Netgainsthrough misappropriate use and/or conducting prohibited actions by taking advantage of bugs, system malfunction etc.
   24. Acting by deleting or concealing Netgains's advertising space, or altering the position, color, size, code or other such properties of advertisements.
   25. Engaging in any other action which Netgainsdeems to be inappropriate.
2. Users and Members are forbidden to publish or post any prohibited kind of content such as text, image, music, video etc. Even in the event that such data is set as private or limited in its Exposure Settings, applicable data is considered a violation the moment it arrives on NetgainsServer(s).
3. Netgainsretains the right to deem what counts as a violation.
4. Precautions when using Premium Services and/or Points
   Members who have been deemed to have violated the Terms of Service and have their accounts frozen or canceled, will also have their contracts canceled. Even if this occurs before a contract is due to finish, requests for refunds of remaining money will not be valid. Points that are held by Users shall not be refunded.

5. Content Prohibited by Age

There are pages within Our Services that are may only be viewed by adults (Hereby referred to as "Adult Content"). There is no assurance that the services provided within the Adult Content area(s) of Our Services will include sexual content.

1. Conditions of Use of Adult Content
   1. Adult Content on Our Services is only permitted to be viewed by those of the age of 18 or over. Viewing by Users and Members below the age of 18 is prohibited.
   2. Publishing of Adult Content shall be restricted to the Adult areas within Our Services.
   3. Publishing Adult Content on Our Services that includes performers, subjects and models etc. that are under the age of 18, or cannot prove that they are above the age of 18, is prohibited.

6. Uploading of Adult Content

Users who upload Adult Content within Service must submit the following documents to Netgains by the specified method.

1. Identification documents
   1. Users who post Adult Contents are required to submit an identification document issued by a public institution to Netgains. 
2. The execution of following written agreement with Netgains
   1. A written consent for appearing in Adult Content is recorded with depicted performer on the Adult Content
   2. Age of depicted performer of the Adult Content is verified using identification document issued by a public institution, and said copy is stored
   3. A written consent to allow the public distribution of Adult Content to Netgains, sites related to Netgains, the whole internet is recorded with depicted performer
   4. If the Adult Content is available for download, a written consent to allow downloading of said content by the public is recorded with depicted performer
   5. When Netgains deems necessary, either the prompt(within 3 business days) submission of documents confirming 1 to 4 above, or prior registration of documents to our system for Netgains to verify is required.
   6. If the material provided by the right's holder (including copyright holder, affiliate site, distribution site, sales site, etc.) is posted for sales promotion, the consent from the right's holder must be obtained. In addition, confirmation of the material whether 1 to 4 has been verified by the right's holder,  and the content does not violate the Netgains Terms of Service, which includes the child sexual abuse material policy, non-consensual content policy and anti-human trafficking policy, is required before posting. If any doubt arises, documents verifying 1 to 4 must be promptly(within 3 business days) submitted to Netgains.
   7. If you would like to distribute third-party contents after receiving its distribution right, you must confirm the whereabouts of documents 1 to 4 from the copyright holder, and if any doubt arise, promptly(within 3 business days) submit documents verifying 1 to 4 to Netgains.
3. Record keeping requirements
   1. Netgains solely provides the platform for User Content sharing and do not produce any of the contents found in all services. As defined in the 18 U.S.C. §2257 Record Keeping Requirements, Netgains is not considered a primary or secondary producer. Netgains in only capable of distribution, storing, formatting of user contents uploaded to Service.
   2. We require all uploaders to be in compliace with the 18 U.S.C. §2257 Record Keeping Requirements.
      If you would like to inquire the uploader about their content within Service, please contact using our form for assistance.
      ( https://form1ssl.netgains.biz/form/?id=81893 )

7. Limitation of Liability

Netgains takes absolutely no responsibility for any of the following.

1. Netgains is in no way liable or responsible for content that users create themselves on Our Service(s) (Hereby referred to as "User Content" or "Content".) Users retain full statutory liability, including any and all court costs or damage payments due to their User Content. Also, content violating laws and/or regulations, as well as violating others' privacy or intellectual property rights; or libelous, defamatory or intimidatory content; and/or immoral or obscene content is the full responsibility of the User to delete swiftly. Netgains does not take responsibility for any User Content, and is not responsible to Users or third parties whatsoever.
2. Netgains also does not guarantee the continuation of any of Our Service(s) whatsoever. Netgains retains the right to discontinue any or all of our services without forewarning, or to convert previously free services into premium services. (We will endeavor to continue services, but may not be able to due to unforeseen circumstances.) Netgains also retains the right to deny use, without forewarning, in particular cases. The same applies to third parties providing contents through Our Services. Please use Our Services with a full understanding of these Terms of Use.
3. Netgains cannot be held accountable for any trouble you experience during use of Our Service(s). Users are responsible for managing their content. As such, if Users are in anyway harmed or experience damage or loss due to another User's Content Netgains is in no way responsible for compensation. This is especially true for Users engaged in business, who are obligated to explicitly specify the contractual relationship between themselves and other Users. All Users engaged in business, using Netgains Service(s), must attempt to prevent or resolve any potential or resulting issues between themselves and others.
4. Netgains is not obligated to monitor or delete User Contents. Users retain all responsibility for all their Content. Netgains is not accountable for any damage or loss caused to Users or third parties due to any such Content.
5. In such cases where a User is harming or causing damage to other Users and/or third parties; Netgains retains the right to, and shall not be held liable for, deleting and/or freezing the applicable User's ID and/or Contents, without forewarning, and at Netgains's own discretion.
6. Netgains shall not be held responsible for any loss of data due to system failure or file corruption etc. Users shall take their own backup of data relating to User Content. Netgains shall not guarantee the integrity and security for any User Content data, in any way.
7. Netgains will not disclose any personal information that Members/Users present us, such as your address, name, e-mail address, telephone number, fax number, etc. (Hereby referred to as "Personal Information") to other Users or third parties without the consent of the User. However, in the following cases Netgains retains the right to disclose Personal Information to third parties.
   1. Public institutions such as courts or the police, lawfully appeal for an inquiry.
   2. There appears to be imminent danger to a person's life, physical wellbeing, and/or property; and Netgains finds an urgent need to disclose the information.
   3. The sharing or disclosure of information is found to be necessary by Netgains, in order to provide desired Service(s).
   4. Netgains finds it necessary to disclose the information to other company(s) working with us, to better provide Service(s) to Users. (Such companies may not use Users' Personal Information, that Netgains provides them, in anyway that exceeds what is necessary to reach the intention stated above.)
   5. Netgains finds it necessary to disclose such information in order to protect Netgains's legal rights, property and/or Service(s); due to actions or conduct conducted by a User or Member in violation of these Terms of Use.
   6. Netgains finds it necessary to disclose such information in order to protect a third party's legal rights, property and/or Service(s); due to actions or conduct conducted by a User or Member in violation of these Terms of Use which violated the third party's legal rights, property and/or Service(s).
   7. Netgains finds it necessary to disclose such information in order to restore or prevent a reduction in Netgains's SEO, Service Quality etc.; due to actions or conduct conducted by a User or Member.
8. Netgains accepts no responsibility for any damage or losses incurred to Users accessing external links posted on Our Services' content or in a User's Content. All Users must acknowledge that Netgains can not be held accountable for the security, validity, integrity or accuracy of the information on any external sites.
9. In the case that a User creates merchandise and/or other salable Content on Our Services which violates the Terms of Use, Netgains takes no responsibility for the freezing of the offending User's contents or the refunding of money to purchasers.
10. Netgains takes no responsibility for any damages or losses incurred from Users using Our Service(s), Users not being able to use Our Service(s) or Users not using Our Service(s).
11. Our Services are managed and provided by Netgains from equipment within the United States of America. Netgains makes no assertion to the appropriateness or usability of Our Services in regards to their use in regions outside the United States of America. In the event that a User accesses from another legal jurisdiction, shall do so on their own volition, and be totally responsible for legal compliance of their place of access.

8. Withdrawal

1. Users can terminate using Netgains Services and withdraw from Netgains membership in accordance with Terms of Use in the way Netgains specified.
2. When you withdraw from Netgains Pass , you will lose any and all rights such as to use all Netgains Services including getting prizes in campaigns by Netgains.
3. Your Netgains Points will become invalid when you withdraw from Netgains Pass  and, Netgains is unable to support any refunds or converting of Netgains Points.
4. Netgains shall not support any reinstatement of any of Our Services after cancellation of the Services.

9. These Terms of Use

1. This Document is the original version of the Terms of Use (the English version). All Users agree and acknowledge that the original version is legally binding.
2. If there is any difference or a contradiction between This Document and the translated version, the original version will be given priority.

10. Discontinuation of Netgains Service(s)

1. Netgains retains the right to modify Our Service(s) without forewarning Users.
2. Netgains may also, due to maintenance, system restoration, power failure, natural disaster or any other Force Majeure; permanently or temporarily discontinue any number of Our Service(s). In such cases we will attempt to notify Users beforehand; but in emergencies we may not be able to.
3. Netgains retains the right to modify Service(s), or partially or completely discontinue Service(s) at Netgains's discretion, at any time Netgains deems appropriate. When or after a Service(s) is discontinued or erased, Netgains retains the right to deem whether or not to erase all posted data on Netgains servers (or third party servers used by Netgains).
4. Netgains is not liable to any Users, and is not responsible for any damages or losses incurred due to the discontinuation of Our Service(s) for any reason.

11. Guarantee Limitations

Netgains will always try as hard as possible to maintain stability in Our Service(s), business practices, use and effects of use. However, Netgains does not guarantee any of the following.

1. Continual operation. Operation of Service(s) without interruption.
2. Total or complete recovery or restoration of any Service(s) that experiences a defect or bug.
3. That destructive and/or malicious components such as computer viruses do not exist within Our Service(s).
4. Provision of security methods to secure against the above 3 items.

12. Force Majeure

Netgains can not be held accountable for not meeting, or being delayed in fulfilling it's obligations in these Terms of Use, including but not limited to, cases of natural disasters, inaction by authorities, fire, strike, flood, pandemic, violence, acts of war or other such circumstances which are reasonably beyond the powers of Netgains to control.

13. Disputes

1. The laws of U.S.A. are applied to these Terms of Use.
2. Any disputes resulting from the use of Our Service(s), will be resolved through arbitrary proceedings recognized by U.S.A. 
3. If a resolution cannot be made through arbitration, a U.S.A.  Court receives exclusive jurisdiction rights.
4. A contract may be created between the merchant and cardholder, where in this case, the governing jurisdiction would be Netherland. All disputes resulting from this contract will be resolved through arbitrary proceedings recognized by U.S.A., and not by the above clause. If a resolution cannot be made through arbitration, a U.S.A. Court receives exclusive jurisdiction rights. 
5. The parties concerned are responsible for their own legal costs in court and arbitration. A contract may be created between the merchant and cardholder, where the governing jurisidiction is U.S.A. All disputes resulting from the contract will be resolved through arbitrary proceedings recognized by U.S.A. if a resolution cannot be made through atbitration, a U.S.A. Court received exclusive jurisdiction rights.
6. If any clauses in This Document are found to be invalid, or otherwise non-binding, by a court; all other clauses will still remain as valid and binding.

14. Advertising

1. All business relating to placing advertising on Our Service(s) is the responsibility of Users and corresponding advertisers. Netgains holds no responsibility for any losses or damages suffered, due to the posting of advertising on Our Service(s).
2. Netgains may modify advertising space, position and/or display duration without forewarning. Users agree to and acknowledge this.

15. Content Complaint Policy

At Netgains, we aim to provide a safe and healthy environment for all users. If you have a complaint regarding info@digital-atoll-ms.com, including concerns about website content or user behavior, you may submit your complaint through our dedicated web form(https://form1ssl.netgains.biz/form/?id=5d66515d8b37e2ab ), which we recommend for its convenience. Alternatively, if you prefer or require email communication, please provide your name, address, contact information, a detailed description of your issue, and, if applicable, the URL of the content in question to info@digital-atoll-ms.com. If email is not an option, please send your written complaint to the address below.

DIGITAL ATOLL MEDIA SOLUTIONS LIMITED
Attn: Compliance Team
Address: Trust Company Complex, Ajeltake Road, Ajeltake Island, Majuro, Repblic of the Marsall Islands MH 96960

Upon receipt of your complaint, we will initiate an investigation that will be resolved within 7 business days. We may contact you to request additional information or documents. We commit to acting in good faith to resolve the matter based on the findings of our investigation. Should the complaint pertain to content that we determine to be unlawful or in breach of Netgains Terms of Use, including Guideline for Adult Content Material, we will immediately remove the content. We are not obligated to inform you of the outcome of your complaint unless legally required to do so. You agree not to lodge any complaint under this section that is groundless, abusive, or malicious. A breach of this agreement may result in the suspension or termination of your Netgains Pass .

16. Revision of our Terms of Use

1. Netgains retains the right to alter or revise these Terms of Use at any time, as Netgains deems necessary, without the consent of Users.
2. New stipulations in a revised Terms of Use will come into effect immediately after the Terms of Use have been posted onto the web.
3. The latest version of these Terms of Use shall be deemed to have been agreed to while Netgains is still being used.

17. Refunds and Returns Policy

1. As for charge to use the Netgains premium services and payment, you are to follow regulations fixed by these terms of use or those fixed for each Netgains premium service.
2. You are to bear commission, tax or lump-sum payment for each premium service.
3. When the payment for the initial registration or renewal is not made until the specified date, we consider that you do not intend to register or renew your premium membership and will terminates the contract.
4. Even if we cannot collect a charge from a card company or its agency, you must agree to make a payment charged by us.
5. When you approve billing to the credit card you specified, (we receive advance payment from a credit card company), we consider that you accept not only the billing you approved but also all the billing form the Netgains premium services you use (until the user cancels the premium services and cancellation procedure is completed) as long as the credit card is valid. In order to use a credit card, you must agree to this clause.
6. We may revise charges or contents of premium services without users' approval. And also the revised charges will be applied when you renew your contract of a premium service.
7. When you do not make a payment until the specified date provided by these terms of use and each service you must pay a late payment charge fixed by Netgains.
8. Payment must be made by the method we specify. When you make a payment by other methods or when losses are caused by it, we are not liable for them.
9. Users agree to the fact that they cannot shorten the contract period of Premium Services.
10. No requests for refunds, after purchasing Points or agreeing to use Premium Services, will be valid under any circumstances.
11. In the event of a request for chargeback from a credit card company, the corresponding account shall be suspended.

18. otocoupon TERMS & CONDITIONS

1. These are the general terms and conditions for the OTOcoupon (“Voucher”) only.

2. Separate terms and conditions are applicable for the very products and services purchased from us against payment with the OTOcoupon.

3. The OTOcoupon is not a credit or reloadable Card or Voucher.

4. OTOcoupon is an e-voucher that can be exchanged for Netgains points.

5. The OTOcoupon is issued in fixed USD and JPY denominations of USD5,10,25,50,100,200 and JPY2500,6000,12000,24000

6. The balance on the Voucher may be used for full or part payment when purchasing products and services on our website.

7. OTOcoupon can be used towards the purchase of goods at a higher price than its face value as you can combine up to three OTOcoupons for a single payment transaction.

8. Any unused balance will remain on your OTOcoupon and may be used for future purchases.

9. The OTOcoupon cannot be exchanged or redeemed in whole or part for cash.

10. The OTOcoupon has a twelve-month expiry date. This means that any balance left on each OTOcoupon 12 months after issuance, will be removed.

11. No VAT is charged when purchasing the OTOcoupon, but purchases paid for using the OTOcoupon are subject to applicable VAT.

12. The OTOcoupon can be purchased online from authorised online resellers as listed and indicated on our websites. These resellers are independent third-parties and purchasing an OTOcoupon from such a third-party reseller is always subject to the respective reseller’s terms and conditions.

13. Please be aware that resellers may apply a surcharge to the face-value of the OTOcoupon. This surcharge is charged by the reseller, and not us, nor do we benefit from such surcharge.

14. Requests for refunds of unused OTOcoupon need to be addressed with the reseller that the Voucher has been purchased from and is solely subject to the resellers refund policy.

15. Keep the OTOcoupon safe and treat it as cash. We will not accept any liability for lost, stolen or damaged Vouchers or for any remaining balance on the Vouchers.

16. We may withdraw or cancel the Voucher and require an alternative form of payment if we suspect that the Voucher may have been stolen or fraudulently used. Further action may also be taken.

17. OTOCoupon is an e-voucher issued by

18. is responsible for alternative payment methods collection

19. We reserve the right to amend or supplement these terms and conditions or discontinue the OTOcoupon at any time.

Redemption of Vouchers Online:

To use the OTOcoupon in full or part payment for orders made Online:

• When proceeding to checkout, select ‘’OTOcoupon”.

• Enter the 20-digit Voucher number.

• Select the ‘Confirm’ button to proceed with the payment.

• If the value of the items purchased Online is less than the total value of the Voucher, you can re-enter the same Voucher details on another occasion to redeem the remaining balance on your Voucher, also in combination with additional (up to three) OTOcoupon.

• If the value of the items purchased online is more than the total value of the Voucher you will need to pay the balance using additional Vouchers, simply by clicking on the “+” button which then opens another field to enter an additional Voucher PIN.