GOLDSWEEPS.COM ("Site")
is an Internet property of LeaderDirect, a division of LeaderMarkets, LLC ("we,"
"us"). PLEASE READ THE TERMS AND CONDITIONS OF USE ("TERMS")
CAREFULLY BEFORE USING THIS SITE.
BY ACCESSING OR USING THE SITE, YOU AND ANY ENTITY
YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR
"YOUR") AGREE TO BE BOUND BY THESE TERMS.
THESE TERMS CONSTITUTE AN AGREEMENT GOVERNING YOUR ACCESS
TO AND USE OF THE SITE. YOU ALSO AGREE THAT YOU HAVE
READ THE PRIVACY POLICY OF
OUR SITE AND YOU ACCEPT THE PRIVACY POLICY.
THESE TERMS AND CONDITIONS ALSO APPLY TO SITES UNDER
COMMON OWNERSHIP WITH THE SITE.
THESE TERMS AND CONDITIONS CALL FOR ARBITRATION OF
DISPUTES. PLEASE SEE THE "ARBITRATION" SECTION BELOW
FOR DETAILS.
WE MAY MODIFY THESE TERMS AT ANY TIME WITHOUT NOTICE
TO YOU BY POSTING REVISED TERMS ON OUR SITE. CONTINUED
USE OF THE SITE CONSTITUTES YOUR BINDING ACCEPTANCE
OF ANY MODIFICATIONS.
PLEASE NOTE: This Site may not be used by persons
under eighteen (18) years of age, or persons who are
not residents of the United States. Persons in these
categories must not disclose any information to us,
or use this Site. We do not knowingly solicit or collect
information from persons under eighteen (18) years of
age or who are not United States residents. We define
"United States" as the fifty (50) states,
plus U.S. territories, except for Puerto Rico and where
the GoldSweeps II sweepstakes is void where prohibited.
Use Of The Site
You are granted a non-exclusive, non-transferable, revocable
license (a) to access and use the Site strictly in accordance
with this Agreement; (b) to use the Site solely for
informational, personal, non-commercial, educational
or entertainment purposes; and (c) to print out discrete
information from the Site solely for such purposes and
provided that you maintain all copyright and other proprietary
notices contained therein.
You further agree to comply with U.S. or other applicable
law regarding the transmission of any information obtained
from the Site in accordance with the Terms, not to use
the Site for illegal purposes, and not to interfere
or disrupt the networks or other sites connected to
the Site.
Any Site updates, enhancements, new features, and/or
the addition of any new web properties, are subject
to these Terms. We may change, suspend or discontinue
any aspect of this Site at any time, including the availability
of any feature or
content. We may also impose limits on certain features
and services or restrict your access to parts or this
entire Site without notice and without liability to
you.
We may monitor your use of this Site, and may freely
use and disclose any information and materials received
from you or collected through your use of this Site
for any lawful reason or purpose, in accordance with
our Privacy Policy relating
to the collection and use of your personal information.
Termination
We may discontinue or suspend the Site at any time without
notice. We may also may block, terminate or suspend
your access to the Site at any
time for any reason in our sole discretion, even if
access to the Site continues to be allowed to other
users. Upon such suspension or termination, you must
immediately discontinue use of the Site. You acknowledge
and agree that we shall not be liable to you or any
person or entity making a claim through you for any
termination or suspension of your access to the Site.
Restrictions On Use
Your license for access and use of the Site and any
information, materials or documents (collectively, "Content")
found on the Site are subject to the following restrictions
and prohibitions on use:
(i) you may not copy, print (except for the express
limited purpose permitted by the section entitled "Use
of the Site" above), republish, display, distribute,
transmit, sell, rent, lease, loan or otherwise make
available in any form or by any means all or any portion
of the Site or any Content retrieved from it;
(b) you may not use the Site or any materials obtained
from the Site to develop, of as a component of, any
information, storage and retrieval system, database,
information base, website, or similar resource (in any
media now existing or hereafter developed), that is
offered for commercial distribution of any kind, including
through sale, license, lease, rental, subscription,
or any other commercial distribution mechanism;
(c) you may not create compilations or derivative works
of any Content from the Site;
(d) you may not use any Content from the Site in any
manner that may infringe any copyright, intellectual
property right, proprietary right, or property right
of us or any third parties;
(e) you may not remove, change or obscure any copyright
notice or other proprietary notice or terms of use contained
in the Site;
(f) you may not remove, decompile, disassemble or reverse
engineer any Site software or use any network monitoring
or discovery software to determine the Site architecture;
(h) you may not use any automatic or manual process
to harvest information from the Site;
(i) you may not download, post, email or otherwise
transmit or intentionally receive any content that is
unlawful, illegal, threatening, abusive, harassing,
tortious, defamatory, obscene, libelous, invasive of
another's right to privacy, reveals private information
about another person without consent of that person,
or may tend to incite others to undertake any of the
foregoing activities, or violate any export or import
regulations of the country of origin or receipt;
(j) you may not download, post, email or otherwise
transmit any software virus or other computer code,
files or programs designed to interrupt, destroy, limit
the functionality, or cause a denial or interruption
of service of any computer software or hardware or telecommunications
equipment of ours or any third party, including without
limitation any telecommunications network;
(k) you may not copy, transmit, use, broadcast, distribute
or modify any information or material in violation of
patent, copyright, trademark or trade secret rights
of any other person;
(l) you may not use this Site in any manner that violates
any rules or regulations imposed on you by the owner
of the computer equipment or by the Internet Service
Provider you have chosen to use to access this Site;
(m) you may not violate or attempt to violate the
security, efficiency, reliability, or integrity of this
Site or its content in any way, including, without limitation,
by accessing data, servers or accounts which you are
not authorized to access, forging TCP/IP packet headers
or payloads or accessing or attempting to access parts
of this Site that are subject to access restrictions;
(n) you may not use the Site in a manner that violates
any state or federal law.
Third Party Providers
We use reasonable diligence to ensure that the services
and information provided by us is reliable and accurate.
However, we do not maintain any control over the quality
of service, accuracy of information or operation of
websites of Third Party Providers. The appearance of
a link to a Third Party Provider on the Site is not
an endorsement of such Third Party Provider or any services
or information provided by the Third Party Provider
or at its site. If you decide to access a Third
Party Provider website, such access is entirely at your own risk.
WE MAKE NO GUARANTEES OR WARRANTIES ABOUT THE ACCURACY,
CURRENCY, CONTENT, QUALITY OR TIMELINESS OF THE SERVICES
OR INFORMATION PROVIDED BY ANY THIRD PARTY PROVIDER,
AND WE ASSUME NO RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE,
INACCURATE, MISLEADING, OR UNLAWFUL CONTENT THAT MAY
RESIDE ON THIRD PARTY PROVIDER WEBSITES. YOU ACKNOWLEDGE
AND AGREE THAT WE MAKE NO GUARANTEES ABOUT, AND ASSUME
NO RESPONSIBILITY FOR, THE ACCURACY, CURRENCY, CONTENT,
TIMELINESS OR QUALITY OF SUCH THIRD PARTY PROVIDER WEBSITES,
SERVICES OR INFORMATION. YOU ACCEPT FULL RESPONSIBILITY
FOR ANY CORRESPONDENCE, COMMUNICATION OR CONTACT WITH
THIRD PARTY PROVIDERS. ANY AND ALL FEE ARRANGEMENTS
ARE STRICTLY BETWEEN YOU AND ANY THIRD PARTY PROVIDER
OR ADVERTISER.
Warranties And Disclaimers
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT
BETWEEN YOU AND US, ALL INFORMATION AND SERVICES ON
THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY
OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT.
WE ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS
IN THE INFORMATION OR OTHER DOCUMENTS WHICH ARE REFERENCED
BY OR LINKED TO THIS SITE.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES.
CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN.
HOWEVER, WE MAKE NO COMMITMENT TO UPDATE MATERIALS ON
THIS SITE.
Liability Limitations
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY
DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE
RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED,
(2) LOSS OF USE, DATA OR PROFITS, (3) DELAYS OR BUSINESS
INTERRUPTIONS, (4) AND ANY THEORY OF LIABILITY, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF THIS SITE) WHETHER OR NOT YOU HAVE ADVISED US OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR
LIABILITY TO YOU FOR ANY DAMAGES, DIRECT OR INDIRECT,
EXCEED THE SUM OF $500.00.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY
TO YOU.
Indemnification
You agree to indemnify, defend and hold us, and all
our officers, members, managers, directors, owners,
agents, employees, information providers, affiliates,
licensors and licensees (collectively, the "Indemnified
Parties") harmless from and against any and all
liability and costs incurred by the Indemnified Parties
in connection with any claim arising out of any breach
by you of these Terms, including, without limitation,
our reasonable attorneys' fees and costs. You shall
cooperate as fully as reasonably required in the defense
of any claim. We reserve the right, at our own expense,
to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you and you
shall not in any event settle any matter without our
written consent.
Security
Currently, we do not require any payments to register on our Site, and therefore do not protect or
secure credit card or other payment transactions. We
may provide links to Third Party Providers' sites that
require such payments, but we do not accept any liability
for the security of credit card or other data transmitted
to such third parties.
We do not desire to receive confidential or proprietary
information through this Site. Your personal identifying
information will be maintained by us in accordance with
our Privacy Policy. Any other
information sent to us will be deemed NOT CONFIDENTIAL.
You grant to us an unrestricted, irrevocable, royalty-free
license to display, use, modify, perform, reproduce,
transmit, and distribute any information you send to
us, for any and all commercial and non-commercial purposes.
Furthermore, we may transfer any and all information,
including personally identifying information, to any
successor to our business, whether by sale, merger,
or otherwise.
Linking To Our Site
We permit anyone to link to our Site subject to the
linker's compliance with these Terms:
(i) You may link to, but not replicate, content contained
at our Site;
(ii) You may not create a border or browser around
content contained in our Site;
(iii) You must not present misleading or false information
about our services or products;
(iv) You may not misrepresent our relationship with
the linker;
(v) You may not imply that we endorse or sponsor the
linker or the linker's services or products;
(vi) You may not use our logos or trade dress without
our prior written permission;
(vii) You may not include any content that could be
construed as obscene, libelous, defamatory, pornographic,
or inappropriate for viewers of all ages;
(viii) You may not include materials that would violate
any U.S. laws, including without limitation the CAN-SPAM
Act;
(ix) You must agree that the link may be removed at
any time upon our request.
Intellectual Property
The information on this Site is protected by copyright.
Except as specifically permitted, no portion of this
Site may be distributed or reproduced by any means,
or in any form, without our prior written permission.
COPYRIGHT NOTICE: Copyright © GoldSweeps.com.
All rights reserved.
The absence of a name or logo in these Terms does
not constitute a waiver of any intellectual property
rights that we have established in any of our material,
feature, or service names or logos. We reserve all intellectual
property rights, including all copyrights and trademark
rights.
Notices, How To Contact Us
All notices to you required or permitted under these
Terms may be sent to you at the last email address you
submitted to us, or by regular mail to your last-submitted
physical address, if any. You are solely responsible
for contacting us with any changes in your contact details.
Notices to us shall be submitted at info@GoldSweeps.com or by mail at:
Customer Service Manager
GoldSweeps.com
c/o LeaderMarkets, LLC
53 Prospect Park West
Suite 4C
Brooklyn, NY 11215
or to such other address as we may provide at this
Site from time to time.
Compliance With Copyright And Other Laws /
DMCA
We do not knowingly provide links to resources, websites
or other materials that violate the copyrights, trademarks,
or other intellectual property rights of third parties.
If you are the owner of such rights, and you object
to the linking or posting of materials on our Site,
please send a notice to the Customer Service Manager
at the address posted above for Notices. Please be as
specific as possible with regard to your claim, and
you must cooperate by providing any additional information
we may request. If you do so, we will investigate your
claim promptly, and will disable or remove links or
materials that we believe may violate the rights of
third parties. Similarly, if you are a website owner
and prefer that the Site not include a link to your
site, please notify us and we will promptly remove the
link.
Governing Law
These Terms shall be governed and construed in accordance
with the laws of the State of New York without giving
effect to the conflict of laws principles thereof.
Arbitration
Any controversy or claim arising out of or relating
to these Terms and Conditions, the Privacy Policy, or
the breach thereof, shall be settled by arbitration
administered by the American Arbitration Association
in accordance with its Commercial Arbitration Rules,
and judgment on the award rendered by the arbitrator(s)
may be entered in any court having jurisdiction thereof.
The arbitrator(s) will have no authority to award punitive
or other damages not measured by the prevailing party's
actual damages, except as may be required by statute.
Any decision rendered by the arbitrators shall include
findings of fact and conclusions of law. The arbitration
shall take place in New York, New York, and shall be
conducted in the English language. Either party also
may, without waiving any remedy under these Terms and
Conditions, seek from any court having jurisdiction
any interim or provisional relief that is necessary
to protect the rights or property of that party, pending
the establishment of the arbitral tribunal (or pending
the arbitral tribunal's determination of the merits
of the controversy).
For details of the arbitration process, rules and costs,
please see the site of the American Arbitration Association
at www.adr.org.
Severability
If any provision of this agreement shall be held or
made invalid or unenforceable by a court decision, statute,
rule or otherwise, the remaining provisions of this
agreement shall not be affected thereby.
Modifications
We reserve the right to change or modify any provision
of these Terms at any time in its sole and exclusive
discretion. You also may be subject to additional terms
and conditions that may apply when you use Third Party
Provider content or third party software.
Miscellaneous
These Terms constitute the entire agreement between
you and us with respect to the use of the Site or its
Content, any software or service, information, and supersede
all discussions, communications, conversations and agreements
concerning the subject matter hereof.
Our failure to exercise or enforce any right or provision
of these Terms shall not constitute a waiver of such
right or provision. If any provision of the Terms is
found by a court of competent jurisdiction to be invalid
or unenforceable, the court should endeavor to give
effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms shall
remain in full force and effect.
The section titles in the Terms are for convenience
only and have no legal or contractual effect. |
