These Terms govern your access to and use of the Gold Media Tech website, services, and products (“Gold Media Tech Platform”). We know reading legal terms is not the most enjoyable thing to do, so we tried to make this clear and simple. Please read these Terms carefully, and feel free to reach out to us if you have any questions.
Thanks for using the Gold Media Tech Platform provided by Gold Media Tech, LLC located at 16192 Coastal Highway, Lewes, Delaware, 19958. With the Gold Media Tech Platform, you are allowing Gold Media Tech to use technology and its relationships to help manage, maintain, and enhance your cross-border capabilities.
By agreeing to the Terms, you represent that you are at least the age of majority in your country, state, province, or territory of residence, and you have given Gold Media Tech your consent to allow any of your minor dependents to use the Gold Media Tech Platform. The provisions and conditions of the Terms constitute the entire agreement between you and Gold Media Tech related to the use of the Gold Media Tech Platform and supersedes any prior agreements or understandings not incorporated in the Terms. Continued use of the Gold Media Tech Platform by you after the effective date constitutes your acceptance of the Terms after the effective date.
By using the Gold Media Tech Platform in any manner, you are bound by these Terms. If you do not agree to the Terms, then do not use the Website or Services. If you are accepting these Terms on behalf of a company, organization, government, or other legal entity, you represent and warrant that
(a) you are authorized to do so,
(b) the entity agrees to be legally bound by the Terms, and
(c) neither you nor the entity are barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.
Your continued use of the Gold Media Tech Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time/frequently/each time you access the Gold Media Tech Platform so you are aware of any changes, as they are binding on you.
These Terms govern your use of the Gold Media Tech Platform. Except as otherwise specified, these Terms do not apply to Third-Party Products, which are governed by their own Terms.
a. Lawful Purposes Only. You may not use the Gold Media Tech Platform or allow any third party to use the Gold Media Tech Platform for any purpose that is determined by us, at our discretion, to be unlawful, invasive, infringing, obscene, offensive, defamatory or fraudulent, or to engage in, promote, or encourage illegal activity.
b. Violations of Third-Party Rights. You shall not use any materials, content, data, or other information for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
c. Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information, and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
d. Viruses and Other Destructive Activities. You will not use the Gold Media Tech Platform or allow any third party to use the Gold Media Tech Platform for creating or sending internet viruses, worms or trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature, or for pinging, flooding or mail bombing, or engaging in denial of service attacks. You will not engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Gold Media Tech Platform (or any connected network, system, service or equipment), or conduct their business over the Internet.
e. Hacking. Hacking and related activities are prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
f. Spam. You will not use the Gold Media Tech Platform or allow any third party to use the Gold Media Tech Platform to generate, distribute, publish, or facilitate unsolicited mass email, promotions, advertisements, or other solicitations (“spam”).
g. Other Prohibited Activities. Engaging in any activity that, in our discretion, actually or potentially disrupts, interferes with, competes with, or is harmful to the Gold Media Tech Platform, our business, reputation, goodwill, customers and/or customer relations, or the ability of our customers to effectively use the Gold Media Tech Platform, is prohibited. Your failure to cooperate with us in correcting or preventing violations of the Terms, or that result from the activity of your users, constitutes a violation of the Terms by you.
b. Access and Security. You are responsible for maintaining the security of your account and for all services ordered, accessed, or otherwise used in connection with your account and all actions taken in association therewith. In addition, we reserve the right to withdraw or amend our website, at our sole discretion, and we may restrict access to some parts of the website or platform.
a. Fees. Our fees are due in the amount and at the billing date cycle identified on the applicable order for services. Fees are payable in U.S. Dollars, unless otherwise specified. Payment may be made by wire transfer, or by PayPal (here are its various terms). We must receive your initial payment prior to your site going live.
b. Non-Refundable. Our fees are based on the services and/or products purchased, regardless of actual usage and are non-refundable. We do not provide refunds or credits for any partial days, months, or years and do not provide refunds to customers, whether or not a customer has used our services or products.
c. Taxes. All fees are exclusive of all applicable governmental fees, charges, or taxes, including, without limitation, all sales, goods, services, value-added, harmonized, or other taxes. You will be responsible for the payment of all taxes applicable to your use of our services or products.
d. Using Third-Party Payment Processor. If you are using a third-party payment processor, then the following will occur. On the first day of each month, we will process a statement for all fees from the previous month based on revenue as outlined in your Pricing Agreement. Invoices are created and sent on the 5th of each month for all previous month’s transactions. Invoice fees are automatically collected using either your credit card or ACH information on file.
e. Subscriptions. As stated within your Pricing Agreement, your subscription will automatically renew at the end of the appropriate time period.
i. If your agreement is month-to-month, we will automatically renew your subscription service on the next designated monthly billing date at the agreed-upon monthly access fee.
ii. If your agreement is year-to-year, we will automatically renew your subscription service on the designated yearly billing date at the agreed-upon yearly access fee.
f. Unpaid Balances. If fees are not paid by the due dates, interest will accrue on such outstanding balances at a rate of 1.5% per month, or the maximum legal rate allowed by law, whichever is less. We may suspend your access to services or products during any period in which payment of fees is overdue. A suspension will not terminate the Terms or relieve you of any obligations or liabilities. You will reimburse us for any costs of collection. If you are materially delinquent in payments or express no intention to make further or timely payments, then upon our written notice, all fees remaining unpaid and due for the remainder of the then current term will become accelerated, due and payable immediately.
g. Disputed Charges/Billing Inquiries. It is your obligation to review all billing invoices for accuracy. You have 30 days from the date of an invoice to notify us, in writing, that you dispute the charges. Failure to do so in the specified time will constitute your agreement that all charges are valid, and you waive any claims you may have had regarding such charges.
h. Pricing Changes. We reserve the right to change or modify our fees, and these Fees and Billing terms, at any time, and such changes and modifications will be posted on the Gold Media Tech Platform or website and effective immediately upon the next subscription renewal, billing date, upgrade, or downgrade of the services, whichever is applicable and occurs first. We will have no obligation to provide you with any notice thereof, other than posting to the Gold Media Tech Platform or website. We, however, will provide at least 30 days’ notice prior to making any pricing modifications effective.
i. Cancellations. You must notify us of your intent to cancel any services or subscription at least 30 days before your next billing date. If notice is not received 30 days before your billing date, your subscription will automatically renew for the next renewal period, and the service will be cancelled upon the expiration of that renewal period.
j. Termination. Upon termination of the Terms or cancellation of your services and/or products, you will immediately stop using the Gold Media Tech Platform, and any other Gold Media Tech products or services, and permanently delete any cached or stored content.
The Gold Media Tech Platform is integrated with or may otherwise interact with third-party vendors, applications, and services (“Third-Party Services”) to provide the required hardware, software, networking, storage, and related technology to operate and maintain the Gold Media Tech Platform. Your receipt or use of any Third-Party Services is subject to a separate agreement between you and the third-party provider.
You understand and agree that Gold Media Tech does not endorse and is not responsible or liable for the behavior, features, or content of any third-party provider or for any transaction you may enter into with the provider of any such Third-Party Services. We are not responsible for any access to or use of your data by Third-Party Services, or for the security or privacy practices of any Third-Party Services. You are solely responsible for your decision to permit any third-party provider to use your data. It is your responsibility to carefully review the agreement between you and the third-party provider, as provided by the applicable third-party provider.
We have the right to:
a. Remove or refuse to post any content on any of our interactive features on our website or Gold Media Tech Platform that allows users to post, submit, publish, display, or transmit to Gold Media Tech, other users, or other person or other materials (“User Contributions”) for any or no reason at our sole discretion.
b. Take any action with respect to any User Contribution that we deem necessary or appropriate at our sole discretion, including if we believe that such User Contribution violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the website, Gold Media Tech Platform or the public, or could create liability for us.
c. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
d. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website or Gold Media Tech Platform.
e. Provide thirty (30) days written notice of your misuse of the website or Gold Media Tech Platform that is a violation of these Terms. During the 30-day period, you may remedy the breach. If you choose not to or are unable to remedy your breach, Gold Media Tech may terminate or suspend your access to all or part of the website or Gold Media Tech Platform at the expiration of thirty (30) days.
f. Immediately terminate or suspend your access to all or part of the website or Gold Media Tech Platform for illegal or material misuse of the Gold Media Tech website or Platform or violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot/do not undertake to review all material before it is posted on the website or Gold Media Tech Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
a. Gold Media Tech IP. You acknowledge that, as between you and Gold Media Tech, we own all right, title, and interest, including all intellectual property rights, in and to our trademarks, trade secrets, data, concepts, ideas, copyright, service marks, software, or other intellectual property (“Gold Media Tech IP”) and, with respect to Third-Party Products, the applicable third-party providers own all right, title, and interest, including all intellectual property rights, in and to the Third-Party Products.
b. Customer Data. We acknowledge that, as between you and Gold Media Tech, you own all right, title, and interest, including all intellectual property rights, in and to your data. You hereby grant to us a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display your data and perform all acts with respect to your data as may be necessary for us to provide services to you. You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with these Terms, does not and will not infringe any IP Rights of any third party. We take no responsibility and assume no liability for any content provided by you or any third party.
c. Feedback. If you or any of your employees or contractors sends or transmits any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Gold Media Tech IP, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback“), we are free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. You hereby assign to us on your behalf, and on behalf of your employees, contractors and/or agents, all right, title, and interest in, and is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.
You agree to defend, indemnify, and hold harmless Gold Media Tech, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the website or Gold Media Tech Platform, including, but not limited to, your User Contributions, any use of the website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the website or Gold Media Tech Platform.
a. We warrant that the Gold Media Tech Platform and services will conform in all material respects to relevant service requirement levels when accessed and used in accordance with our policies and their intended use. We do not make any representations or guarantees regarding uptime or availability of the Gold Media Tech Platform unless specifically identified in writing.
b. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 12(a), THE GOLD MEDIA TECH MAKES NO WARRANTY OF ANY KIND THAT THE GOLD MEDIA TECH IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
c. You understand that we cannot and do not guarantee or warrant that any files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR GOLD MEDIA TECH PLATFORM.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL WE BE LIABLE UNDER OR IN CONNECTION WITH THIS TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL WE AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO US UNDER THIS TERMS IN THE TWELVE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
a. Internal Dispute Resolution. For all Disputes, you must first give us an opportunity to resolve the Dispute. You must commence this process by mailing written notification to: Legal Department, Gold Media Tech, LLC, 16192 Coastal Highway, Lewes, Delaware, 19958, or submitted to [email protected]. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If we do not resolve the dispute to your satisfaction within 60 days after we receive your written notification, you may pursue your dispute in arbitration.
b. Mediation, then Arbitration. In the event of any dispute arising out of or in connection with the present contract, the parties shall, after conforming to Section 14(a) above, refer the dispute to proceedings under the ICC Mediation Rules. If the dispute has not been settled pursuant to the said Rules within 45 days following the filing of a Request for Mediation or within such other period as the parties may agree in writing, such dispute shall thereafter be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules of Arbitration.
a. Governing Law; Jurisdiction. The law that will govern the validity and construction of these Terms and apply in any dispute or lawsuit arising out of or relating to these Terms will be the laws of the State of Delaware, USA. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, the jurisdiction and venue of the federal and state courts located in Sussex County, Delaware (USA).
b. Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
c. Waiver. No waiver of any provision of these Terms, nor consent by Gold Media Tech to the breach of or departure from any provision of these Terms, will in any event be binding on or effective against Gold Media Tech, unless it be in writing and signed by a duly authorized representative of Gold Media Tech, and then such waiver will be effective only in the specific instance and for the specific purpose for which it is given.
d. Section Headings. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will be interpreted without application of any strict construction in favor of or against you or Gold Media Tech.
e. Independent Contractors. No agency, partnership, joint venture, or employment relationship is created by these Terms or your use of our services or products, and you do not have any authority of any kind to bind Gold Media Tech in any respect whatsoever.
f. Force Majeure. Gold Media Tech will have no liability to you, your users, or any third party for any failure by us to perform our obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of Gold Media Tech, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, civil commotion, or other force majeure event. If either Gold Media Tech or you directly caused, or materially contributed to, a force majeure event, the party that contributed to the force majeure event may not use this Section to limit their liability hereunder.
Thank you for reading, and congratulations on making to the end of these Terms!
We hope you enjoy using the Gold Media Tech Platform and our Services.
Please reach out to us if you have any comments or questions about our company and Terms of Service.
Gold Media Tech, LLC
16182 Coastal Highway
Lewes, Delaware 19958