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Last Updated on February 3rd, 2012.
These Terms of Service (the “Terms”) govern your use of the website operated by ShopMyGold.com (“SMG” and sometimes referred to as “we,” “us,” or “our”) located at WWW.SHOPMYGOLD.COM (the “Site”), as well as all of the information, features, products and services offered there (such content and services are collectively referred to as the “Services”). The Terms also incorporate by this reference the terms of our Privacy Policy. Your use of the Site is governed by the Terms regardless of how you access the Site. By accessing or using the Site, you acknowledge that you have read, understood and agree to the Terms and the Privacy Policy. If you do not agree to the Terms and our Privacy Policy, you are not authorized to use or access the Site.
Changes to the Terms
We may make changes to the Terms from time to time and at any time without notice to you by posting modifications to the Terms at the Site. By using the Site following such changes, you agree to be bound by such changes. Please check the Site periodically to familiarize yourself with any changes that may have been made to the Terms. You can determine when the Terms were last changed by checking the “Last Updated” reference above.
User Eligibility
You must be at least the age of majority in your jurisdiction of residence to use the Site. Minors should get the assistance of a parent or guardian to use the Site.
Proprietary Rights
The entirety of the content in the Site is a collective work owned by SMG and is protected by U.S. and international copyright laws. Copyright 2012 ShopMyGold.com. All rights reserved. All elements comprising the Site, including without limitation, the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of SMG or its licensors, and are protected by applicable U.S. and international laws. All software used in this site is the property of SMG or its licensors, and such software is also protected by U.S. and international copyright laws. The trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with the Site are owned by SMG or third parties who have authorized their use.
Use of Site; Restrictions
Subject to your compliance with the Terms, permission is granted to you to electronically display and electronically copy and print hard copy portions of the Site for your own personal, non-commercial use or to interact with SMG through the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of any content of the Site is strictly prohibited. Any rights not granted to you in these Terms are expressly reserved by us. You acknowledge that the Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability to you.
You may not: (i) modify, revise, translate or create any derivative works of the Site or any of its content; (ii) decompile, reverse engineer, disassemble or otherwise attempt to derive the source code for the Site; (iii) redistribute, sell, rent, lease, sublicense, or otherwise transfer rights to the Site or any of its content; (iv) remove or alter any proprietary notices, legends, symbols or labels in the Site, including, but not limited to, any trademark or copyright notices; (v) transmit a virus or other destructive mechanisms to the Site or Site users; (vi) create a database by systematically downloading and storing Site content; (vii) use an automated search / retrieval application (e.g., a robot or spider) or device to access, scrape, data mine, or index the Site or any portion of the Site without our express written consent; (viii) take any action that imposes an unreasonable or large load on the Site or makes excessive traffic demands of the Site; or (ix) attempt to gain unauthorized access to the Site. Your permission to access or use the Site immediately terminates in the event you breach any of the Terms.
You may not use our trademarks in metatags and/or hidden text, which will be regarded by us as trademark infringement. The framing or mirroring of any Site content is strictly prohibited. We reserve the right to disable any unauthorized frames or mirrors.
User Content
You may post reviews and comments on the Site (“User Content”). If you do so, you grant to us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicenseable license to reproduce, distribute, transmit, broadcast, translate, publicly perform and display, edit, modify, adapt, create derivative works from and otherwise use such User Content in any media for any purpose, with or without your name (whether your legal name or your user name).
User Content may not: (i) be abusive, threatening or harassing towards others; (ii) include any infringing, obscene, defamatory, libelous, offensive, or illegal content (including without limitation content which violates another person’s right of privacy); (iii) include commercial or political solicitations or messages; or (iv) include any content designed to injure people or property (including without limitation viruses). You may not impersonate others or be misleading as to the source of the User Content, or suggest that your User Content is sponsored or endorsed by us. You may not write reviews concerning yourself, your employer, your competitors or your employer’s competitors.
You represent and warrant that you have all rights necessary to post all User Content posted by you on the Site, and that such User Content is (i) true and accurate and not misleading; (ii) original and does not infringe or violate any right of any other party (including without limitation copyrights); and (iii) in compliance with the Terms.
We have no obligation to screen or review User Content. We reserve the right, but have no obligation, to remove, edit or refuse to post User Content that is not in compliance with the Terms or for any other reason as determined by us in our sole discretion. We assume no responsibility and assume no liability for any User Content posted on the Site.
Gold Buyer Listings
You acknowledge and agree that all gold buying prices identified on the Site are posted by our gold buyer advertisers (“Gold Buyers”). We do not create the prices shown on the Site. Gold Buyers are required to post current and accurate gold prices and other advertising content on the Site. However, all advertised prices shown on the Site are completely controlled by Gold Buyers and we cannot and do not guarantee any advertised price is accurate or will be honored. We encourage Site users to submit reviews, especially if a Gold Buyer’s advertised price is not the same as its in-store price. We may investigate such discrepancies once they are brought to our attention, although we have no obligation to do so. We do not warrant that ANY GOLD BUYING PRICING INFORMATION or any other Content POSTED ON THE SITE BY GOLD BUYERS is accurate, complete, reliable, current, or error-free and we disclaim any liability associated with inaccurate, incomplete, unreliable, dated or incorrect site content.
Advertising Terms
If you advertise on the Site, the Advertising Terms applicable to Site advertisers will apply. In the event of any conflict between the Advertising Terms and these Terms, the Advertising Terms will prevail.
Communications with Us
By sending us any ideas, comments, suggestions, questions or other material, you grant us an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material in any manner, including in connection with our business, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
You agree that no comments or other information submitted by you to us will violate any personal or proprietary right of any third party (including, without limitation, copyright, trademark or trade secret rights). You agree that you shall remain solely liable for the contents of any comments or other information submitted by you to us. You also agree that we are under no obligations of confidentiality, whether express or implied, with respect to any ideas, comments, suggestions, questions or other material you send us.
Third Party Sites
The Site may include links to websites or applications operated by third parties. We make no representations whatsoever about any third party websites or applications that you may access through the Site. Your use of such sites or applications is at your own risk.
Links
Any and all links to our Site must be approved by us in writing, except where: (i) the link is a text-only link containing only the name “ShopMyGold.com”; (ii) the link is to www.shopmygold.com; (iii) when activated, the link will display our Site on the full-screen and in a fully operable and navigable browser window and not within a "frame" on the linked third party site; (iv) the appearance, position, and other aspects of the link may neither create the false appearance that a third party or its activities, products or services are endorsed by, associated with or sponsored by us; and (v) the appearance, position, and other aspects of the link does not damage or dilute the goodwill associated our name or trademarks.
Indemnity
You agree to indemnify, defend, and hold harmless SMG, its subsidiaries, affiliates and their respective officers, directors, employees, agents, representatives, suppliers and content and service providers from and against all losses, expenses, damages and costs, including reasonable attorneys fees, resulting from your use of the Site (including without limitation all claims arising from User Content posted by you on the Site), your violation of the Terms, or any activity related to your use of the Site.
Disclaimers; Limitation of Liability
THE SITE, ITS CONTENTS AND THE PRODUCTS AND SERVICES AVAILABLE ON THE SITE ARE PROVIDED ON AND “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMG, ITS SUBSIDIARIES AND AFFILIATES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, ITS CONTENTS, ITS USES AND THE PRODUCTS AND SERVICES OFFERED ON THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. Some states do not allow the disclaimer or limitation of warranties, so the disclaimers set forth above may not apply to you.
IN NO EVENT SHALL SMG, ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITE, ANY MATERIALS AT THE SITE, OR ANY PRODUCTS OR SERVICES AVAILABLE AT THE SITE. YOUR ONLY REMEDY FOR USE OF THE SITE OR ANY MATERIAL, PRODUCTS OR SERVICES AVAILABLE AT THE SITE IS TO STOP USING THE WEBSITE. Some states do not allow the disclaimer or limitation of damages, so the disclaimers set forth above may not apply to you.
Applicable law
You use of the Site shall be governed by the laws of the State of Illinois without regard to its choice of law principles. You agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Cook County, Illinois with respect to any legal proceedings arising out of these Terms or your use of the Site.
Severability
If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions are still valid and enforceable.
Termination
We may close your account, suspend your ability to use all or certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing the Site (including any User Content posted by you) or any other related information, even though User Content posted by you may continue to be accessible on the Site. These Terms remain in effect even after your account or ability to access the Site is terminated. Without limiting the generality of the foregoing sentence, the Terms relating to Proprietary Rights, User Content, Gold Pricing, Communications with Us, Indemnity, Disclaimers, Limitations of Liability, Applicable Law, Severability and terms that by their nature may survive termination shall survive any termination.
Copyright Infringement
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information in writing to our Copyright Agent named below:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Site (including a link, if possible);
• your address, telephone number and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement can be reached at:
Erika Brooks
ShopMyGold.Com
4621 S. Cooper Street, Suite 131-319
Arlington, Texas 76017
Email: Contact Us
030594-9003\10823044.3
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