All materials published on Gold Derby -- including, but not limited to news articles, reviews, directories, guides, photographs, images, illustrations, audio and video clips, html, source and object code, trademarks, logos, and the like (the "Content") -- as well as its selection and arrangement is owned or controlled by Gold Derby or the credited provider of such Content and is protected by copyright pursuant to U.S. and international copyright laws. You shall abide by any additional copyright notice, information, or restrictions contained in any Content.
You may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content. You may not modify, publish, transmit, participate in the transfer or sale of, create new works from, distribute, perform, display, or in any way exploit, any of the Content in whole or in part. If you operate a Web site and wish to link to Gold Derby you may do so provided you agree to cease such linking upon request from Gold Derby.
While registration is not required to view certain Content, you must become a Registered Member with a Registration Account if you wish to post a comment, upload a video, or view certain other Content. To register, you must be 13 years of age or older. If you become a Registered Member of Gold Derby you accept responsibility for all activities that occur under your Registration Account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access goldderby.com using your Registration Account. Gold Derby reserves the right to terminate your access and use of Gold Derby.
You acknowledge, consent and agree that Gold Derby may preserve and disclose your Registration Account information and the contents of your online communications if required to do so by law, or in good faith belief that preservation and/or disclosure is reasonably necessary for the following purposes: (1) to comply with legal process, such as a court order, search warrant, or subpoena; (2) to enforce the terms of this Terms of Service; (3) to render service you request; (4) to protect the rights or property of Gold Derby and their third party suppliers and licensors; or (5) in circumstances that we deem, in our sole discretion, to pose a threat to the safety of you or others.
Your Representations and Warranties
By placing material on Gold Derby, including but not limited to posting content or communications to any Gold Derby message board, forum, blogspace, or chat area, or posting text, images, audio files or other audio-visual content to the site ("User Content"), you represent and warrant: (1) you own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms of Service; (2) the User Content will not cause injury to any person or entity; adn (3) you are 13 years of age or older. Using a name other than your own legal name in association with the submission of User Content is prohibited (except in those specific areas of Gold Derby that permit unique, fictitious names). You indemnify, defend and hold harmless Gold Derby and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Gold Derby reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
User Content License
For all User Content you post, upload, or otherwise make available Gold Derby, you grant Gold Derby, its affiliates and related entities a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such User Content, in any form, format, or medium, of any kind now known or later developed. Without limiting the generality of the previous sentence, you authorize Gold Derby to share the User Content across all Web sites, newspapers, and broadcast stations affiliated with Gold Derby, to include the User Content in a searchable format accessible by users of Gold Derby, to place advertisements in close proximity to such User Content, and to use your name, likeness and any other information in connection with its use of the material you provide. You waive all moral rights with respect to any User Content you provide to Gold Derby. You also grant Gold Derby the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose whatsoever, including but not limited to, commercial purposes, and developing, manufacturing and marketing commercial products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
User Content Screening and Removal
You are solely responsible for your User Content. You acknowledge that Gold Derby and/or its designees may or may not pre-screen User Content and is not responsible for such User Content. Gold Derby shall have the right (but not the obligation), in their sole discretion, to move, remove, block, edit, or refuse any User Content for any reason, including without limitation that such User Content violates these Terms of Service, by way of being abusive, defamatory, obscene, in violation of copyright or trademark laws or otherwise objectionable.
User Content Assumption of Risk. Gold Derby cannot and does not monitor or manage all User Content, and does not guarantee the accuracy, integrity, or quality of User Content. All User Content provided to Gold Derby is the sole responsibility of the person who provided it. This means that you are entirely responsible for all User Content that you provide. To protect your safety, please use your best judgment when using Gold Derby forums. We discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures either through posting on any bulletin board, forum, blogspace, message or chat area, or uploading text, images, audio files or other audio-visual content, in classified advertising you place or in other interactive areas, or to third parties in any communication, you do so fully understanding that such information could be used to identify you. Gold Derby does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Gold Derby is distributed on an "as is" basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You hereby acknowledge that use of Gold Derby is at your sole risk.
User Content Posting Rules
Do not provide User Content that: contains copyrighted or other proprietary material of any kind without the express permission of the owner of that material; contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature; is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community; violates any right of Gold Derby or any third party; discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; violates or encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance; interferes with any third party's uninterrupted use of Gold Derby; advertises, promotes or offers to trade any goods or services; uses or attempt to use another's Registration Account, password, service or system; uploads or transmits viruses or other harmful, disruptive or destructive files, material or code; disrupts, interferes with, or otherwise harms or violates the security of Gold Derby, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through Gold Derby or affiliated or linked sites; "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects. The violation of these Posting Rules may be referred to law enforcement authorities.
Transactions and E-Commerce
During your visit to Gold Derby, you may elect to engage in a transaction involving the purchase of a product of tangible goods and services. Credit card transactions and order fulfillment are often handled by a third party processing agent, bank or distribution institution. While in most cases transactions are completed without difficulty, there is no such thing as perfect security on the Internet or offline. If you are concerned about online credit card safety, in most cases a telephone number will be made available so you can call us and place your order by phone. Gold Derby cannot and does not take responsibility for the success or security of transactions undertaken or processed by third parties.
Errors in Advertisements
On occasion, a product or service may not be available at the time or the price as it appears in an advertisement. In such event, or in the event a product is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of publication, or error in pricing or product information received from our advertisers or suppliers, you agree Gold Derby is not responsible for such errors or discrepancies. Communications with Third Parties Through Gold Derby Your dealings or communications through Gold Derby with any party other than Gold Derby are solely between you and that third party. For example, certain areas of Gold Derby may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will Gold Derby be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be directed to the third party. During your visit to Gold Derby you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. Because Gold Derby has no control over third party sites and resources, you acknowledge and agree that Gold Derby is not responsible for the availability of external sites or resources, nor for the content, actions, or policies of those sites. Information you provide on such sites, including personal information and transactional information, is subject to the terms of service of those sites.
Notice of Intellectual Property Infringement
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Gold Derby, in appropriate circumstances, to terminate the Registration Account of a Member who is deemed to infringe third party intellectual property rights or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on Gold Derby, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements): 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of your copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material you claim is infringing is located on the site (providing us with website URL is the quickest way to help us locate content quickly); 4. your address, telephone number, and e-mail address; 5. 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; 6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Gold Derby's copyright agent can be reached as follows: Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification for Intellectual Property Infringement
If you elect to send us a counter-notice in response to a notice of intellectual property infringement, to be effective it must be a written communication provided to Gold Derby's designated Copyright Agent (see above for contact information) that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements): 1. an electronic or physical signature of the registered user; 2. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (providing us with a website URL is the quickest way to help us locate content quickly); 3. your address, telephone number, and e-mail address; 4. a statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and 5. a statement by you that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the your address is outside of the United States, for any judicial district in which Gold Derby may be found, and that the you will accept service of process from the person who provided notification of intellectual property infringement or an agent of such person. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. General Disclaimer and Limitation of Liability. While Gold Derby uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. Gold Derby does not represent or warrant that use of any Content will not infringe rights of third parties. Gold Derby has no responsibility for actions of third parties or for content provided by others, including User Content.
USE OF GOLD DERBY IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER GOLD DERBY NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING GOLD DERBY, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH GOLD DERBY, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF GOLD DERBY OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES GOLD DERBY WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. GOLD DERBY AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. GOLD DERBY CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. GOLD DERBY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE GOLD DERBY. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK. IN NO EVENT SHALL GOLD DERBY OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GOLD DERBY OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
You agree to indemnify, defend and hold harmless Gold Derby, parent and affiliated companies, and partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, and sub-licensees from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding: (1) your use of Gold Derby (2) Gold Derby's use of any User Content or information you provide, as long as such use is not inconsistent with this Agreement; (3) information or material provided through your Registration Account, even if not posted by you; and (4) any violation of this Agreement by you.
Gold Derby is controlled, operated and administered by Gold Derby from its offices within the United States. Gold Derby makes no representation that materials or Content available through Gold Derby are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use Gold Derby or export the Content in violation of U.S. export laws and regulations. If you access Gold Derby from a location outside the United States, you are responsible for compliance with all applicable laws.
Modifying These Terms
Gold Derby reserves the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing these Terms of Service. Your continued use of Gold Derby after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time these Terms of Service were posted will be governed according to the Terms of Service that applied at the time of your use.
Discontinuation of Service. Gold Derby may modify, suspend, discontinue or restrict the use of any portion of Gold Derby including the availability of any portion of the Content at any time, without notice or liability. Gold Derby may deny access to any Registered Member or other user at any time for any reason. In addition, Gold Derby may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Gold Derby or any of their assets.
Choice of Law
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to Gold Derby must be filed in a federal or state court located in Los Angeles, California. Statute of Limitations You agree to file any claim regarding any aspect of this site or these Terms of Service within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.
No Class Actions
You agree no claim subject to these Terms of Service may be brought as a class action. Severability If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect.
Any failure of Gold Derby to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. Termination In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Content, the license(s) you have granted to Gold Derby, and all other provisions for which survival is equitable or appropriate.
To contact Gold Derby, please e-mail: Info@GoldDerby.com