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06 SEP 2008 04:58 LONDON TIME
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Terms of Use
  1. Your Acceptance
    1. By using and/or visiting this website (collectively, including all content and functionality available through the my.goldmoney.com domain name, the "My GoldMoney Website", or "Website"), you signify your agreement to these terms and conditions (the "Terms of Service").
    2. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. GoldMoney may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
  2. My GoldMoney Website
    1. These Terms of Service apply to all Members of the My GoldMoney Website, including Members who are also contributors of content, information, and other materials or services on the Website. The My GoldMoney Website includes but is not limited to all products, software and services offered via the website such as the forums, blog, private messaging software, embeddable audio and video players, and other applications.
    2. The My GoldMoney Website may contain links to third party websites that are not owned or controlled by GoldMoney. GoldMoney has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, GoldMoney will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve GoldMoney from any and all liability arising from your use of any third-party website.
    3. Accordingly, we encourage you to be aware when you leave the My GoldMoney Website and to read the terms and conditions and privacy policy of each other website that you visit.
  3. Member Accounts
    1. In order to access some features of the Website, you will have to create a member account. You may never use another member's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify GoldMoney immediately of any breach of security or unauthorized use of your account.
    2. Although GoldMoney will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GoldMoney or others due to such unauthorized use.
  4. General Use of the Website-Permissions and Restrictions
      GoldMoney hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
    1. You agree not to distribute in any medium any part of the Website, including but not limited to Member Submissions (defined below), without GoldMoney's prior written authorization.
    2. You agree not to alter or modify any part of the Website.
    3. You agree not to use the Website for any commercial use, without the prior written authorization of GoldMoney. Prohibited commercial uses include any of the following actions taken without GoldMoney's express approval:
      • sale of access to the Website or its related services on another website;
      • the sale of advertising, on the My GoldMoney website or any third-party website, targeted to the content of specific Member Submissions or Website content;
      • and any use of the Website or its related services that GoldMoney finds, in its sole discretion, to use GoldMoney's resources or Member Submissions with the effect of competing with or displacing the market for My GoldMoney, it's content, or its Member Submissions.
    4. Prohibited commercial uses do not include:
      • uploading original content to My GoldMoney to promote your business or artistic enterprise;
      • aggregating content from My GoldMoney on an ad-enabled blog or website, provided the primary purpose of using the aggregated content is not to gain advertising revenue or compete with My GoldMoney;
      • any use that GoldMoney expressly authorizes in writing.
    5. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the GoldMoney servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, GoldMoney grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. GoldMoney reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Members of the Website with respect to their Member Submissions.
    6. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
    7. GoldMoney reserves the right to discontinue any aspect of the My GoldMoney Website at any time.
  5. Your Use of Content on the Site
      In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the My GoldMoney Website.
    1. The content on the My GoldMoney Website, except all Member Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to GoldMoney, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. GoldMoney reserves all rights not expressly granted in and to the Website and the Content.
    2. You may access Member Submissions solely:
      • for your information and personal use;
      • as intended through the normal functionality of the GoldMoney Service
    3. Member Comments are made available to you for your information and personal use solely as intended through the normal functionality of the GoldMoney Service. Member Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the GoldMoney Service or otherwise as prohibited under this Agreement.
    4. You may access GoldMoney Content, Member Submissions and other content only as permitted under this Agreement. GoldMoney reserves all rights not expressly granted in and to the GoldMoney Content and the GoldMoney Service.
    5. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Member Submissions of third parties obtained through the Website for any commercial purposes.
    6. You agree not to circumvent, disable or otherwise interfere with security-related features of the My GoldMoney Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the My GoldMoney Website or the Content therein.
    7. You understand that when using the My GoldMoney Website, you will be exposed to Member Submissions from a variety of sources, and that GoldMoney is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Submissions. You further understand and acknowledge that you may be exposed to Member Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GoldMoney with respect thereto, and agree to indemnify and hold GoldMoney, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
  6. Your Member Submissions and Conduct
    1. As a GoldMoney account holder you may submit content and comment on the content of other members. All content added by members is collectively referred to as "Member Submissions." You understand that whether or not such Member Submissions are published, GoldMoney does not guarantee any confidentiality with respect to any Member Submissions.
    2. You shall be solely responsible for your own Member Submissions and the consequences of posting or publishing them. In connection with Member Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize GoldMoney to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Member Submissions to enable inclusion and use of the Member Submissions in the manner contemplated by the Website and these Terms of Service.
    3. For clarity, you retain all of your ownership rights in your Member Submissions. However, by submitting Member Submissions to GoldMoney, you hereby grant GoldMoney a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Member Submissions in connection with the My GoldMoney Website and GoldMoney's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the My GoldMoney Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each Member of the My GoldMoney Website a non-exclusive license to access your Member Submissions through the Website, and to use, reproduce, distribute, display and perform such Member Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you terminates within a commercially reasonable time after you remove or delete your Member Submission from the GoldMoney Service. You understand and agree, however, that GoldMoney may retain, but not display, distribute, or perform, server copies of Member Submissions that have been removed or deleted. The above licenses granted by you in Member Comments are perpetual and irrevocable.
    4. In connection with Member Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant GoldMoney all of the license rights granted herein.
    5. You further agree that you will not, in connection with Member Submissions, submit material that is contrary to applicable local, national, and international laws and regulations.
    6. GoldMoney does not endorse any Member Submission or any opinion, recommendation, or advice expressed therein, and GoldMoney expressly disclaims any and all liability in connection with Member Submissions. GoldMoney does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and GoldMoney will remove all Content and Member Submissions if properly notified that such Content or Member Submission infringes on another's intellectual property rights. GoldMoney reserves the right to remove Content and Member Submissions without prior notice.
  7. Account Termination Policy
    1. GoldMoney will terminate a Member's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
    2. GoldMoney reserves the right to decide whether Content or a Member Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. GoldMoney may remove such Member Submissions and/or terminate a Member's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
  8. Warranty Disclaimer
    YOU AGREE THAT YOUR USE OF THE MY GOLDMONEY WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GOLDMONEY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GOLDMONEY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MY GOLDMONEY WEBSITE. GOLDMONEY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MY GOLDMONEY WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GOLDMONEY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
  9. Limitation of Liability
    IN NO EVENT SHALL GOLDMONEY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MY GOLDMONEY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    YOU SPECIFICALLY ACKNOWLEDGE THAT GOLDMONEY SHALL NOT BE LIABLE FOR MEMBER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    The Website is controlled and offered by GoldMoney from its facilities in Great Britain. GoldMoney makes no representations that the My GoldMoney Website is appropriate or available for use in other locations. Those who access or use the My GoldMoney Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  10. Indemnity
    You agree to defend, indemnify and hold harmless GoldMoney, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the My GoldMoney Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Member Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the My GoldMoney Website.
  11. Ability to Accept Terms of Service
    You affirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
  12. Assignment
    These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GoldMoney without restriction.
  13. General
    You agree that:
    (i) the My GoldMoney Website shall be deemed solely based in Jersey; and (ii) the My GoldMoney Website shall be deemed a passive website that does not give rise to personal jurisdiction over GoldMoney, either specific or general, in jurisdictions other than Jersey. These Terms of Service shall be governed by the internal substantive laws of Jersey, without respect to its conflict of laws principles. Any claim or dispute between you and GoldMoney that arises in whole or in part from the My GoldMoney Website shall be decided exclusively by a court of competent jurisdiction located in Jersey. These Terms of Service, together with any other legal notices published by GoldMoney on the Website, shall constitute the entire agreement between you and GoldMoney concerning the My GoldMoney Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and GoldMoney's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. GoldMoney reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the My GoldMoney Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

    YOU AND GOLDMONEY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MY GOLDMONEY WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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