Goldhat Terms of Service
1. Acceptance of Terms
Goldhat (Also known as the "Site") operates under the following Terms of Service (Also known as the "Terms"). Goldhat reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Goldhat may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Please read this Agreement carefully before accessing or using the web site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. If these terms and conditions are considered an offer by Goldhat, acceptance is expressly limited to these terms. If you have any questions or comments about these terms, please email us at inquiry@goldhat.org
Goldhat.org reserves the right to:
- modify the terms and conditions of this Site,
- modify the Site, including eliminating or discontinuing any feature of this Site.
- change any fees associated with the use of the Site.
2. Description of Service
Goldhat provides a variety of services (the "Services"). Services shall include, but not be limited to, any service and content Goldhat performs for you, including donations you have received through the site, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, donation comments, information, data, graphics, news articles, images, software, and audio clips, also known as the "Content").
Posting Content
By posting Content or links to Content on the site, you warrant that you are the sole owner of the Content. If you post content that you do not own or have not created YOUR USER ACCOUNT IS SUBJECT TO DELETION, AS WELL AS ANY POSTED CONTENT OR LINKS TO CONTENT.
Site Statistics and User Comments
Goldhat provides information about user donations as information about the content of third-party websites. Goldhat may remove or change any member-created content at any time, for any reason.
Users may post information or make statements in donation comments that are inaccurate, misleading or deceptive, whether intentionally or unintentionally. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION OR STATEMENT MADE OR DISPLAYED IN THESE COMMENTS NOR ARE WE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN SUCH POSTINGS.UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH USE OF THIS SITE.
Donations
Goldhat grants users the right to make donations of Goldhat donation credits to other users through the Services. Users are required to make a purchase of donation credits before they donate. Goldhat reserves the right to deduct any third party fees (Including but not limited to: credit card fees, payment gateway fees) directly from purchased donation credit. Goldhat reserves the right to change the donation credit purchase terms at any time.
Donations of credit are NOT tax deductable, nor are purchases of goldhat credit. Any income a user receives through goldhat must be considered taxable income. Any "donation" a user makes must be considered a self-assigned variable user fee.
Donation credits can be purchased from the "Add to Account" action within the membership portion of the Site. Credits can be purchased online with VISA, MasterCard, AMEX or Discover Cards.
The amount of credits purchased through the Site will be the amount specified by the User at the time of purchase. Upon presentation of credit card information the purchaser warrants that he/she is the cardholder and that the billing information provided is accurate. By approving the purchase of the product or service, you authorize Goldhat to charge the designated credit card for the total amount of the purchase.
By purchasing donation credit you agree to provide Goldhat with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter into in connection with your purchase of donation credit. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for all applicable taxes on any such purchases.UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY MISTAKEN DONATIONS, USER FRAUD, OR ANY OTHER LOSS OR DAMAGE ASSOCIATED WITH THE USE OR MISUSE OF THE DONATIONS FEATURE.
"Cash-in" Feature
Users have a right to reimburse donation credits through the Site's "Cash-in" feature. After a reimbursement request is submitted, the amount of the request will be immediately deducted from the Goldhat User account. Goldhat will subsequently credit the reimbursement amount to the User's specified debit or credit card. Reimbursements are subject to review and will be canceled if deemed fraudulent. Goldhat reserves the right to change the terms of reimbursement at any time.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE USE OR MISUSE OF THE "CASH-IN" FEATURE.
3. User Registration Obligations
As a condition to our allowing you to use Goldhat, you agree to provide accurate, current and complete information about yourself as requested in our registration form. Information you are required to provide includes your email address, username and password. Passwords should include one capital letter and number to ensure password security. GOLDHAT IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE DUE TO A STOLEN OR HACKED PASSWORD.
If you provide any information that is untrue, inaccurate, not current or incomplete, or if Goldhat has grounds to suspect that the information is untrue, inaccurate, not current or incomplete, Goldhat has the right to suspend or terminate your account.
As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username, password and/or domain name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is already in current use, is vulgar or otherwise offensive, may cause confusion, or for any other reason.
4. Refund Policy
Goldhat does not directly provide refunds for any order of Goldhat credit a User may have made. Users are, however, free to use the "Cash-in" feature should they wish a refund. Regardless of the circumstance, all transaction fees still apply to any user using the "Cash-In" feature.
5. Delivery Methods
Goldhat does not currently sell any physical goods. At present the only purchase users can make is of Goldhat Credit. Goldhat Credit is immediately credited to the User's Goldhat account after a successful purchase.
6. Privacy Policy
Registration Data and certain other information about you is subject to our Privacy Policy, which is incorporated herein by reference. For more information, see our full privacy policy at http://www.goldhat.org/privacy.
7. Rules of Conduct
As a condition of use, you promise not to use the Services for any purpose that is prohibited by the these Rules of Conduct:
You agree not to use the Services to:
- post Content or links to Content that's obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
- post or upload any unsolicited any promotional materials (or links to such material) such as spam or any other form of solicitation;
- violate any laws in your jurisdiction (including but not limited to copyright laws);
- post, publish, transmit or cause to be posted, published or transmitted, any communication for the purpose of obtaining passwords or other private information from any Goldhat user;
- artificially altering the donations count, donation comments, or any other Goldhat service;
- sell or otherwise transfer your profile;
- impersonate another user or entity;
- harass other users
Goldhat may remove any Content and Goldhat accounts at any time for any reason. To report Rules of Conduct abuse, please email: abuse@goldhat.org
8. Responsibility of Site Visitors
Goldhat has not reviewed, and cannot review, all of the material, including computer software, posted to the Site, and cannot therefore be responsible for that material's content, use or effects. By operating the Site, Goldhat does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Goldhat disclaims any responsibility for any harm resulting from the use by visitors of the Site, or from any downloading by those visitors of content there posted.
9. Indemnity
You agree to indemnify and hold Goldhat, and its employees or other partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, including any violation of the Rules of Conduct that are set forth at http://www.goldhat.org/terms_of_service, any allegation that any materials that you submit to Goldhat infringe or otherwise violates the copyright, trade secret, trademark or other intellectual property rights of a third party, or your violation of any rights of another user.
10. Links
The Service or third parties using the Service may provide links to other Web sites or resources. Goldhat is not responsible for the availability of such external sites or resources, and does not endorse any Content from such sites or resources.
11. Disclaimer of Warranties
12. Limitation of Liability
In no event will Goldhat, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damagaes; (ii) the cost of procurement or substitute products or services; (iii) for interpution of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to Goldhat under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. Goldhat shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. Trademark Information
The Goldhat logo and its product and service names are trademarks of Goldhat. You agree not to display or use these marks in any manner without prior permission.
14. Copyright Infringement and DMCA Policy
As Goldhat asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Goldhat violates your copyright, you are encouraged to notify Goldhat in accordance with Goldhat's Digital Millennium Copyright Act ("DMCA") Policy. Goldhatwill respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Goldhat or others, Goldhat may, in its discretion, terminate or deny access to and use of the Site. In the case of such termination, Goldhat will have no obligation to provide a refund of any amounts previously paid to Goldhat.
If you in good faith believe that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. Please include the applicable information as noted in items 1.-4. above, and address your counter-notice to the above address.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there can be penalties for false notice or counter-notice claims.
15. Termination
Goldhat may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Site. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
16. General Information
This Agreement constitutes the entire agreement between Goldhat and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Goldhat, or by the posting by Goldhat of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of Washington, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Jefferson County, WA.