The Gold Supply (“Gold Supply,” “us,” “our” and “we”) owns and operates the Gold Supply website, related mobile apps (together, the “Site”) and other services that we provide including through the Site (the “Services”). By submitting User Content (“you,” “your”) agree to abide by these Review Contest Terms and Conditions. These User Content Terms and Conditions and any other terms, policy or other document incorporated in these terms and conditions by reference are a legally binding agreement between us (the “Agreement”).
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Refer to our Terms of Service, available at https://www.shopgoldsupply.net/pages/terms-conditions
1. User Conduct
- In order to become a Member, you need to create an account on the Site. To create an account, you must submit certain requested information to The Gold Supply, including a correct email address. When such registration information is requested by the Service, the information you provide must be true, accurate, current, and complete. Please note that it is your responsibility to keep your registration information with us, including your email address for notification purposes, up-to-date.
- You are responsible for any activity and charges that occur under your screen name and account. You may not transfer your account.
You are responsible for keeping your Member password secure and for notifying The Gold Supply immediately of any breach of security or unauthorized use of your account.
You are responsible for maintaining the confidentiality of any personal or personally identifiable data you upload and store on the Site and are responsible for complying with all applicable laws governing collection, storage, processing, use and transfer of such information.
- You are solely responsible for your conduct on the Site and use of the Service, and for any content, including but not limited to text, images, videos, and other files (collectively, “Content”), that you contribute to the Site.
You must not abuse, harass, threaten, impersonate or intimidate other users of the Service.
You may not use the Service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
You must not create or submit unwanted email or other messages to any users of the Site.
You may not collect or harvest any personally identifiable information, including account names, from the Site.
You may not use the Service to upload, transmit or link to Prohibited Content. Generally, Prohibited Content includes Content or other material that The Gold Supply believes:
is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, encourages conduct that would violate or violates any law, harassing, hateful, racially or ethnically offensive, or otherwise inappropriate;
comprises material that is copyrighted or protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless express written permission of the owner is obtained to use the material and to grant all of the license rights granted herein;
violates or otherwise encroaches on the rights of others;
contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service;
advocates illegal activity;
harms anyone, including minors; or
provides a link to any of the above.
- You may not access the Site or the Service with any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc.
The Gold Supply has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although The Gold Supply does not and will not examine or otherwise review all Content submitted or transmitted to the Service, The Gold Supply may delete, move, and edit Content for any reason, at any time, without notice. The Gold Supply in no way guarantees the accuracy, non-infringement, quality or appropriateness of Content available through the Service.
Any breach or non-compliance of any of these User Conduct terms will entitle The Gold Supply to immediately and without notice (i) terminate that Member’s account, which could result in the permanent deletion of any data in the account from our servers and any User Content of the Member, and (ii) block the Member from any further use of the Site and Service.
2. Content Contributed to the Site by Members
The Site and our Video Review Contest Forms allow Users to submit text, image, and video reviews to share throughout the Site with other Users. In this agreement we refer to all of this Content provided by Users as "User Content".
We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to provide the Site and Services to users, including to display your User Content in the manner requested by you to operate the Site and Services. In order for us to make the User Content you contribute available on the Site for these purposes, and to operate, market and promote the Service, we need the right to make use of such User Content in accordance with and subject to this Agreement.
Therefore, by contributing User Content to the Site or creating it on the Site you automatically grant to us an irrevocable and perpetual, non-exclusive, transferable, fully-paid, royalty-free, worldwide license, by ourselves or with others, to use, copy, distribute, publicly perform, publicly display, print, publish, republish, excerpt (in whole or in part), reformat, translate, modify, revise and incorporate into other works, that User Content and any works derived from that User Content, in any form of media or expression, in the manner in which the Service from time to time permits User Content to be used, in compliance with all applicable laws, and to license or permit others to do so. Our rights under this license remain in place even after termination of this Agreement or your account.
Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services. This license also grants us the right to sublicense that User Content to other users to permit their use of that User Content in the manner in which the Service from time to time permits User Content to be used. We may from time to time change the manner in which User Content can be used by the Service, and if we do so any license you have granted to us under this Section 2 shall automatically be extended to new uses permitted by the Service, and any our rights under licenses previously granted to us for uses no longer permitted by the Service shall continue as described in this Section 2.
If you contribute User Content to the Site, it is your responsibility to check the Site from time to time to review how we permit User Content to be used. You may at any time, on written notice to us, terminate your use of the Site and this Agreement in the manner provided below. Upon any termination, whether by you or by us, your license of your User Content to us and our sub-licenses to others shall also terminate, provided that after such termination that license and those sub-licenses will continue with respect to any Permitted Use of your User Content that commenced prior to the effective time of the termination, until that Permitted Use ceases. A Permitted Use is any use of Content permitted by this Agreement or the Service prior to the termination.
Also, if you choose to terminate, while it is not our usual practice, we may retain a copy of the applicable User Content for archival purposes, particularly if it violates Section 1 of this Agreement. Finally, if your use of the Site or this Agreement terminates for any reason, or Content is removed from the Site, your license hereunder to use the Content or the removed Content, as the case may be, terminates immediately. The Gold Supply reserves the right to remove Content from the Site at any time, without notice, for any reason, or for no reason, in its sole discretion.
You represent and warrant to The Gold Supply that (a) you are the sole owner, author and copyright owner of User Content you contribute to the Site or you have written permission from the author, owner or copyright owner to make such User Content available to the Service as “User Content”, and (b) such User Content does not infringe upon any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights); (c) such User Content complies with this Agreement and does not contain any defamatory, libelous or obscene material; (d) such User Content does not violate any applicable laws, regulations, or contain any false statements or misrepresentations; and (e) you have the written consent, release, and/or permission of each and every identifiable individual person, or the owner/author of any objects or work in such User Content to use the name or likeness of each and every such identifiable individual person, object or work, to enable inclusion and use of such User Content in the manner contemplated by the Service and this Agreement.
3. Our Intellectual Property Rights; Our License of Content to Members
4. Respecting the Intellectual Property Rights of Others
The Gold Supply respects intellectual property rights. If you believe that any Content on the Site infringes on another's intellectual property rights you may contact us with the contact information on the Site. The Gold Supply reserves the right to remove Content and User Content without prior notice. The Gold Supply may also terminate a users’ access to the Site, immediately and without notice, if The Gold Supply believes, in its sole discretion, that the user is infringing any third party rights (including but not limited to any copyright, patent, trademark, trade secret, other intellectual property rights, moral rights, privacy rights or publicity rights).
You agree to indemnify and hold harmless The Gold Supply Parties from any damage, liability, cost, expense, loss, claim or demand (collectively, “Losses”) including reasonable lawyers’ fees, due to or arising out of your use of the Site or the Services, including your breach of this Agreement, and including also any claims that Content provided by you to us or to users infringes the intellectual property or other rights of any third party.
The Gold Supply is not responsible or liable in any manner for any Content posted by third parties on the Site or available from third parties in connection with the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users do, post, transmit or share on the Site.
Under no circumstances will The Gold Supply be responsible for any loss or damage, including any loss or damage to any User Content, or for personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on or through the Site, or any interactions between users of the Site, whether online or offline. You post Content on the Site at your own risk.
The Gold Supply expressly disclaims all warranties of any kind, whether express or implied, including such warranties as may be applicable under Sale of Goods legislation or other statutes, and including but not limited to the implied warranties of merchantability, fitness for a particular purpose, performance and non-infringement, or of availability or results. The Gold Supply does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service or any software will be corrected.
7. Limitation of Liability
In no event will The Gold Supply Parties be liable to you for any indirect, consequential, exemplary, incidental, special, aggravated, exemplary or punitive damages, or damages for loss of profits, goodwill, use, data or other intangible losses, whether arising out of contract, tort, negligence (including strict liability), warranty, indemnity or otherwise, arising from your use of the Site or the Service, or any of the Site Content or other materials on, accessed through or downloaded from the Site or the Service, even if the The Gold Supply Parties are aware or have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained in this Agreement, The Gold Supply Parties’ maximum aggregate liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to The Gold Supply for the Service during the one month prior to the time the liability arose. You acknowledge that if no fees are paid to The Gold Supply for the Service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from the The Gold Supply Parties, regardless of the cause of action.
8. Electronic Communications
The communications between you and The Gold Supply use electronic means, whether you visit the Site or use the Service or send The Gold Supply e-mails, or whether The Gold Supply posts notices on or through the Site or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from The Gold Supply in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that The Gold Supply provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your statutory rights.
This Agreement continues until terminated by either The Gold Supply or you. The Gold Supply reserves the right to refuse access to the Service to any person at any time for any reason, or for no reason, in its sole discretion.
The Gold Supply may terminate this Agreement and delete your account, remove any Content or information that you have posted on the Site, or and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice. If we delete your account or terminate this Agreement, our license to your User Content shall continue as described in Section 2 of this Agreement.
If you tell us you wish to terminate this Agreement, the effective time of termination is the earlier of (i) the effective time you specify and (i) 30 days later after we receive your notice if you do not specify a time, and we will delete your account after such time. If you delete your account, this Agreement is automatically terminated at the same time. After deletion of your account, you will no longer have access to your account and all information contained therein may be deleted. If you need assistance, please contact us at the technical support contact information available on the Site.
Upon termination of this Agreement, for whatever reason, our rights under Section 2 shall continue, and Sections 3-11 shall continue to apply.
10. Applicable Law and Venue
The Agreement and the relationship between you and The Gold Supply shall be governed by and construed and interpreted in accordance with the laws of Wisconsin, United States and the federal laws of the United States applicable therein.
Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to this Agreement; (b) the Services; (c) oral or written statements, advertisements or promotions relating to this Agreement or to the Services; or (d) the relationships that result from this Agreement or the Services (collectively, a “Claim”) will be heard and resolved in a court of competent subject matter jurisdiction located in Madison, Wisconsin. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Site from locations other than Wisconsin, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify the The Gold Supply Parties for your failure to comply with any such laws.