Subject to and in compliance with the terms and conditions set forth herein, Gold Rate may provide its users with access via the Websites to:
Free content including articles, blogs and forums, emails, podcasts, webinars and conference calls written by our contributors and columnists, (the “Free Service”), and free content written or provided by third parties which may include, without limitation, text, data, graphics, photographs, videos, or downloadable code or programs (“Third-Party Content”); and
Premium content including blogs and forums written by our contributors and columnists, Third-Party Content, emails, podcasts, webinars and conference calls written by our contributors and columnists, Third-Party Content and User-Generated Content. The Free Service are collectively referred to herein as the “Services”.
You also understand and agree that the Services may include certain communications from Gold Rate, such as service announcements and administrative messages that You may not be able to opt out of receiving.
2.1. No Advice
The information provided in the Websites and in any of the Services is for informational purposes only and is not intended as any form of advice, whether legal, accounting, investment, financial or tax advice. Therefore, it cannot be relied upon as such. Should you require such advice, contact a licensed professional.
You understand that no content published as part of the Services constitutes a recommendation that any particular action, investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You understand that the views expressed in the Services are the authors’ own opinions, that trading in investments involves risk and volatility and that past results are not necessarily indicative of future performance. The Services may contain opinions which may differ from or contradict those in another portion of the Services.
You understand and agree that, from time to time, one or more Contributors or their affiliates may have a position in precious metals written about. In addition, certain of Gold Rate’s affiliates and employees may, from time to time, have long and short positions in, or buy or sell precious metals, precious metals related securities, or derivatives thereof, of companies mentioned in respective Services and may take positions inconsistent with the views expressed.
Gold Rate makes no representations regarding Third-Party or User Generated Content, nor is Gold Rate liable for Third-Party or User Generated Content.
You understand that any data is supplied by sources believed to be reliable, that any calculations made using such data are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
From time to time, reference may be made to prior articles and opinions published on the Websites. These references may be selective, may reference only a portion of an article or recommendation, and may not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
2.2. Market Risk
Investments in precious metals and financial markets involve risk to investment principal and can be volatile. Purchasing precious metals often involves a degree of risk that makes them unsuitable for certain individuals. You should carefully consider the suitability of precious metals as a personal financial choice before taking any decisions that may affect your situation.
3. Exclusion of Warranties
3.1. Information on Websites
The information, material and content provided on the Websites or in any of the Services (referred to collectively herein as the “Content”) is provided on an “as is” basis and your use of the Websites and the Services is entirely at your own risk. Gold Rate makes no warranties of any kind with respect to the Content provided on the Websites and by the Services, whether express or implied, including, but not limited to, warranties as to usefulness, accuracy, completeness, reliability, fitness for a particular purpose, and non-infringement.
Gold Rate does not represent or warrant that the Websites or any of the Services available or obtained therein will be provided on an uninterrupted basis, and that there will be no delays, difficulties in use, errors, security breaches, omissions or loss of transmitted information.
Gold Rate makes no representations or warranties that the Websites or Services are appropriate or available for use in all jurisdictions outside the United States of America. Please be aware of the applicable laws and regulations of your country.
4. Limitation of Liability
4.1. Confidentiality & Security
Gold Rate adheres to the highest security measures to ensure your data is protected against theft, loss, and corruption, and against the misuse and alteration of any of your data stored on our servers. However, when you access your account via a public or unsecured computer terminal or if you chose to share your account username and password (“Electronic Identification Information”), Gold Rate cannot guarantee the security of your data.
Gold Rate specifically disclaims any liability with respect to any email communications, text messaging, or other like unprotected communications, whether initiated by you or Gold Rate. Gold Rate will not be liable or responsible for any damages suffered in connection with such modes of communication.
4.2. No Liability
Gold Rate shall not be liable under any circumstances whatsoever for any loss or damage, including any direct, indirect, special, incidental, consequential or exemplary damages or for any indirect or punitive losses or damages (including lost profits or lost savings), arising out of or in connection with the Websites, or the Services; with your use of or inability to use or access the Websites or the Services; or with links to other third party sites, whether or not caused by the fault or neglect of Gold Rate and whether or not Gold Rate had knowledge that such losses or damages might be incurred.
4.3. Force Majeure
Gold Rate shall not be liable for any failure to perform its obligations hereunder due to fire, computer viruses, network failure, computer hardware failure, explosion, flood, lightning, act of terrorism, war, rebellion, riot, sabotage, orders or requests of any government or any other authority, legislative changes, strikes, lockouts or other labor disputes, or events or circumstances beyond its reasonable control, but Gold Rate shall use commercially reasonable endeavors to minimize dangers or losses to you as a consequence of such events.
5. Registration and Privacy
In order to gain access to portions of the Websites and the Services, You must become a subscriber by providing your email address and choosing a unique user name or, member name and password. Gold Rate may refuse to grant You a user name or member name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by us in our sole discretion. In consideration of Your use of the Website and the Services, You represent that You are of legal age to form a binding contract and are not a person barred from accessing the Website or the Services under the laws of the state of Delaware or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form and (b) maintain and promptly update Your registration data to keep it true, accurate, current and complete.
As a member, You also have certain other obligations relating to Your account:
You may not transfer to or resell Your use of or access to the Services to any third party;
You are responsible for all activities that occur under Your account;
A maximum of five simultaneous log-ins are allowed per account. This simultaneous login limit applies to the total number of logins at any given time regardless of device type (i.e., computers, tablets, mobile devices, etc.);
You are responsible for maintaining the confidentiality of Your user name, member name and password; and
You agree to notify us if You become aware of any possible unauthorized use(s) of Your account or any possible breach of security, including loss, theft, or unauthorized disclosure of Your user name, member name or password. Contact details for our Customer Service center may be found on our Contact Us page.
6. Your Obligations and Liability
You are responsible for complying with all laws of the jurisdiction from which you access the Websites or any of the Services, and you shall at all times be solely responsible for obtaining any authorizations required by any authoritative body in such jurisdiction.
You are solely responsible for the User Generated Content You post. You must comply with any rules posted by the Websites and the Services
The Websites and the Services may include article submission and comments capability, bulletin boards, discussion groups and other public areas or features that allow feedback to the Websites and the Services, and interaction between users. While Gold Rate does not control the information/materials posted by users (the “User Generated Content”), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the User Generated Content and to terminate your access to and use of the Websites and the Services.
In addition You agree not to:
Post, link to or otherwise publish any User Generated Content containing material that is obscene, racist, homophobic or sexist or that contains any form of hate speech;
Post, link to or otherwise publish any User Generated Content that infringes copyright;
Post, link to or otherwise publish any User Generated Content that is illegal, libelous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order;
Post, link to or otherwise publish any User Generated Content that is abusive, threatening or make any form of personal attack on another user or an employee of Gold Rate;
Post User Generated Content in any language other than English;
Post the same User Generated Content, or a very similar User Generated Content, repeatedly;
Post or otherwise publish any User Generated Content unrelated to the Websites and the Services;
Post, link to or otherwise publish any User Generated Content containing any form of advertising or promotion for goods and services or any chain User Generated Content or “spam”;
Post, link to or otherwise publish any User Generated Content with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
Disguise the origin of any User Generated Content;
Impersonate any person or entity (including Gold Rate employees or contributors or columnists) or misrepresent any affiliation with any person or entity;
Post or transmit any User Generated Content that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment, or any other harmful component;
Collect or store other users’ personal data; and/or
Restrict or inhibit any other visitor from using the Websites or the Services, including, without limitation, by means of “hacking” or defacing any portion of any of our websites;
Use the Websites or the Services for any unlawful purpose;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Websites or the Services
“Frame” or “mirror” any content available through the Websites or the Services without our prior written authorization;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Websites or the Services; or
Harvest or collect information about users of the Websites or the Services without their express consent.
You also agree that at all times You will:
Comply with all applicable laws, rules and regulations in connection with Your use of the Websites and the Services and the content made available therein;
Be responsible for all statements made and acts or omissions that occur on Your user account while Your password is being used;
Waive any and all rights against Gold Rate and hold Gold Rate harmless in connection with any claims relating to any action taken by Gold Rate as part of its investigation of a suspected violation or result of its conclusion that a violation of the term of use has occurred, including but not limited to the removal of posts or a suspension or termination of Your membership account; or
Maintain and promptly update Your registration data to keep it true, accurate, current and complete.
Gold Rate has no control over individuals posting User Generated Content on any of the Websites or the Services. Gold Rate cannot guarantee the accuracy, integrity or quality of any User Generated Content. Some users may breach these terms and post User Generated Content that is misleading, untrue or offensive. You must bear all risk associated with your use of the Websites and the Services and should not rely on the Websites and the Services when you make (or refrain from making) any specific investment or other decision.
It is not possible for Gold Rate to fully and effectively monitor infringement of third-party rights in User Generated Content. If you believe that any content infringes your legal rights, you should notify Gold Rate immediately by contacting our customer service center by using the “Report Abuse” function provided. Repeated misuse of the “Report Abuse” function will result in your access to the Websites and Services being terminated.
By submitting User Generated Content to the Websites and the Services you are granting Gold Rate a perpetual, irrevocable, royalty free non-exclusive license to reproduce, modify, translate, make available, distribute and sub-license the User Generated Content in whole or in part, and in any form. This may include personal information such as your user or pen name and your expressions of opinion. You waive any moral rights that you may have in regard to the User Generated Content that you submit.
6.3. Protection of Electronic Identification Information
It is your obligation to ensure that your Electronic Identification Information is kept secret. You hereby agree to keep your Electronic Identification Information and all components thereof secret and safe to prevent unauthorized use.
6.4. Customer liability
Gold Rate will be under no obligation to confirm the actual identity or authority of any user of the Electronic Identification Information or any component thereof. You must contact Gold Rate immediately if a transaction or balance recorded in an account is incorrect or if you suspect unauthorized use of your Electronic Identification Information. Gold Rate will not be held liable should you fail to disclose any unauthorized use of Electronic Identification Information and your Gold Rate accounts.
You will not be responsible for any unauthorized use of Electronic Identification Information occurring after notifying Gold Rate of the suspected unauthorized use.
7. Intellectual Property
All of the intellectual property rights including without limitation trademarks, service marks, trade names, copyright and other rights used or embodied in the Websites or in any of the Services are and will remain the sole property of Gold Rate (or its suppliers where applicable).
All Content supplied by Gold Rate, constitutes part of Gold Rate’s confidential and proprietary information. In accessing the Websites or any of the Services, it is strictly prohibited to copy, reproduce, republish, store, retransmit, alter, modify, distribute, make public use thereof, create derivative works from, reverse engineer, disassemble or try to locate source code, of the Content, and any software or applications used by Gold Rate in connection with the Websites or any of the Services, except as explicitly otherwise authorized by Gold Rate.
Because we host User-Generated Content as a part of portions of the Websites or the Services and therefore redistribute User-Generated Content You give us, we need to obtain certain rights in those materials. By posting, sending or transmitting to us User-Generated Content, You grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such User-Generated Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User-Generated Content. None of the User-Generated Content disclosed in any part of the Websites or the Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any User-Generated Content.
If You choose to submit content for publication through the Services, such as guest commentary or guest opinions, such content shall be exclusive to Gold Rate, deemed to be property of Gold Rate, and by submitting such content You irrevocably assign any and all rights to such content to Gold Rate.
“GoldRate.com”, “SilverRate.com”, “Gold Rate Index”, the “Gold Rate Logo”, “Gold Rate News” and certain other marks used on Gold Rate Portfolio of Websites are trademarks and/or service marks of Gold Rate. All other trademarks, service marks, and logos used on Gold Rate Portfolio of Websites are the trademarks, service marks, or logos of their respective owners.
8. Links to and from Third Party Websites
You may not create links between the Websites or the Services and another site without Gold Rate’s prior written consent. Unless otherwise expressly agreed, such links must not imply that Gold Rate is associated in any way whatsoever with another website or that Gold Rate endorses or approves of its content. You acknowledge and agree that Gold Rate may request at any time, at its sole discretion, that a link be removed.
Gold Rate is not responsible or liable for any third party website link to or from the Websites or the Services, any website link to or from those third party websites, the content of those websites, or their products or services.
Viral Content Distribution
Gold Rate may grant you—but only through express written permission—the limited, revocable permission to engage in certain expressly described personal uses of Materials as may from time to time be made available on the Websites for such purposes (“Viral Distribution”).
Express written permission for Viral Distribution may include these personal uses: (a) sending Materials to friends or acquaintances at no charge; (b) posting and displaying a copy of Materials on a personal web site; or (c) posting and displaying a copy of Materials on any online bulletin board, message board, newsgroup, website or chat room (“Third-Party Site”) that permits users to post content, so long as the posting is allowed pursuant to the Third-Party Site terms and conditions, and provided that the Third-Party Site does not charge for access to those materials or associate those materials with products, services, or advertising. If expressly permitted and made available on the Websites, you may engage in Viral Distribution pursuant to these Terms, but you may not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Materials without our express written permission.
Additionally, any limited, revocable permission to post such links on a Third-Party Site requires that You comply with the following guidelines:
You may display only an excerpt of the content not to exceed 75 words that must be followed by a link to the full content of the Website or the Service. You are not permitted to reproduce the entire text of content as it appears on the Website or the Service. You are prohibited from displaying excerpts from the Premium Service.
The byline must consist of the name or title of the content and the name of the Website or the Service. (e.g. “as appearing on Gold Rate”)
You may not not suggest or imply that Gold Rate is sponsoring or endorsing any Third-Party Site or its products, unless Gold Rate has given its prior written consent.
You may not misrepresent any state of facts, including the relationship of the Third-Party Site with Gold Rate or any of its affiliates.
You may not present false information about Gold Rate products or services.
You may not use any logo or mark of Gold Rate or any of its affiliates without express written permission from Gold Rate.
You must not display any excerpt of Gold Rate content linked together with content on such Third-Party Site that may be construed as distasteful, offensive or controversial.
Notwithstanding anything contained herein, we reserve the right to deny You permission to link to the website for any reason in our sole and absolute discretion.
9. Downloads, Software and Applications
Gold Rate may make some Services available for download from the Websites or from third party websites (the “Downloaded Services”). Any and all Downloaded Services are the copyrighted work of, and owned by, Gold Rate and its affiliates and related companies.
Gold Rate grants you a personal, limited, revocable, non-exclusive, non-transferable license to use the Downloaded Services for your personal, non-commercial use only, provided that you not modify the Downloaded Services, that you maintain all copyright and other proprietary notices, and that Gold Rate, or any other third parties, retain full and complete title to the Downloaded Services and all intellectual property rights therein.
You acknowledge and agree that the Downloaded Services are protected by copyright laws, and that, without limiting the generality of the foregoing, copying, re-selling, disassembling, redistributing or reproducing the Downloaded Services is strictly prohibited.
You acknowledge and agree that it is your responsibility to review, assess and evaluate the Downloaded Services and any other related terms and conditions to which the Downloaded Services may be subject, and which you may be provided with during the download process, and that all risk associated with the downloading and use of the Downloaded Services rests with you. Gold Rate, its affiliates and related companies, will not be responsible or liable for any damages, difficulties or consequences encountered as a result of or during the download process or the use of or reliance on the Downloaded Services.
Gold Rate also reserves the right to unilaterally amend or withdraw any information, products or services provided or described on the Websites and the Services without notice at any time.
11.1. Advertising, Third Party Content and other Web Sites.
The Websites may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. Gold Rate is not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Site and/or Digital Applications may also contain links to other websites. Gold Rate is not responsible for the availability of these websites or their content.
11.2. Changes to Terms and Conditions
Gold Rate reserves the right to amend these Terms and Conditions, any applicable fees and charges, or any services, rights or obligations provided for herein at its sole discretion, at any time, without prior notice to You. Acceptance of these Terms and Conditions is limited to the acknowledged transaction and is not applicable to any future transactions. You will be responsible for accepting the Terms and Conditions for every subsequent transaction
11.3. Applicable Law and Jurisdiction
The parties hereto have expressly required that this agreement and all deeds, documents or notices relating thereto be executed in the English language.