Goldspike.com, its domain name owner and DTP Comm Dev, LLC (collectively, “Goldspike.com” or “Downtownproject”) provide the Goldspike.com web site and e-mail communications (collectively the “Service”) to any person (“you” or “your”) who completes the stay connected process to submit to receiving information from the Service and is accepted by Goldspike.com to become a member on the following terms, which may be updated by Goldspike.com from time to time without notice to you.
BY CLICKING THE “Subscribe” BUTTON APPEARING ON THE STAY CONNECTED PAGE OR BY ACCESSING, USING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE. YOU MAY PRINT THESE PAGES FOR YOUR RECORDS.
1) GENERAL TERMS & INTERPRETATIONS
- a) Section References. References to a “Section” shall be deemed references to an enumerated section of this Agreement.
b) Subsection References. References to a “Subsection” shall be deemed references to labeled Subsection of this Agreement.
c) Reference and Convenience of Labels. Section headings and Subsection labels are used for convenience and referential notation only and shall have no interpretative effect or impact whatsoever.
- a) Continuing Duty and Affirmation. Each time you use the Goldspike.com web site (the “Site”), you represent and warrant to Goldspike.com that: (i) your access to the Site is legal your location (your applicable “Jurisdiction”); (ii) the e-mail address submitted by you is owned or controlled by you; and (iii) all information you provide is true, accurate, current and complete. All such representations and warranties are relied upon by Goldspike.com. By applying for registration, you authorize Goldspike.com to make any and all enquiries as Goldspike.com in its sole discretion considers necessary to verify the information provided by you. Goldspike.com may require you to submit such proof of age, identity and place of residence as it may require, at any time. Goldspike.com reserves the right to suspend and/or terminate your registration and/or account where it has grounds to suspect that any of your provided information is untrue, inaccurate, not current or incomplete. You maintain the responsibility to promptly update the information provided at registration to keep it true, accurate and complete.
3) SITE USE
- a) Services May Change or End. Goldspike.com reserves the right, in its sole discretion, at any time and without notice to you, to add, alter or discontinue services offered on the Site without creating any obligation to you.
b) You Must Obey Guidelines and Rules. When using the services on the Site, you agree that you are subject to any guidelines, policies or rules applicable to such services, which may be posted from time to time. All such guidelines, policies or rules are hereby incorporated by reference into these Terms. You fully accept that all computer instructions and responses sent over the Internet to and from Goldspike.com and/or through use of software will be binding on you. Your commercial use of the Site is strictly forbidden.
c) Telecom and Access Fees. You are solely responsible for obtaining access to the Service and that access may involve third party fees, including without limitation, Internet service provider, telephone, cable or airtime fees. You are solely responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are solely responsible for all equipment necessary to access the Service.
d) Behavior & Responsibility
i) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any Service or use of any portion of the Service for any commercial purposes.
ii) You agree that Goldspike.com is not, and shall not be, responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of any Goldspike.com site or your account.
iii) You agree to never transmit data, conversation, or any other information that may be (i) be defamatory or offensive, (ii) slanderous, (iii) rude, (iv) infringe the rights of any third party, (v) provide information regarding hacking or security circumvention on the Service, (vi) contains information about your bank accounts, credit card accounts or other personal financial information, or (vii) deemed generally unacceptable behavior in the sole discretion of Goldspike.com
e) Computer Errors. You acknowledge that full freedom from errors and incompleteness is impossible to achieve with respect to computer software. If you become aware that the software contains any error, or is incomplete, you shall immediately notify Goldspike.com by e-mail at firstname.lastname@example.org. You agree to refrain from taking any advantage whatsoever of that error or incompleteness and Goldspike.com reserves the right to recover any such advantage that you do gain from such error or incompleteness, as well as all associated costs, damages and expenses in making such recovery. Goldspike.com will not be liable for any alleged winnings that are, in Goldspike.com’s sole discretion, the result of a system error or malfunction.
f) Submitting ideas. You also agree that we shall be free to use any ideas, concepts or techniques embodied in any communication you submit to us wither through an online forum, through e-mail or any other writing, transmission or communication (“Submission”) for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques without your approval or compensation to you. You waive any rights you may have in modifications or alterations to your Submissions or in the event that your Submission is changed in a manner not agreeable to you. In addition, you hereby waive all moral rights, copyrights and any other rights you may have in any materials uploaded to the Service or sent to us by you.
4) THIRD PARTY WEBSITES
- a) Other Sites Are Not Our Responsibility. This Service may link you to other websites, which websites may contain information or material that some people may find objectionable. These other websites are not under the direct control of Goldspike.com and you acknowledge that Goldspike.com is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such websites. You further acknowledge and agree that Goldspike.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such website.
5) PROPRIETARY RIGHTS
- a) Intellectual Property. You acknowledge and agree that all content and materials available on this Service are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Designated trademarks, service marks and brands are the property of their respective owners. Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Service is strictly prohibited without the express written permission of Goldspike.com. Except as expressly authorized by Goldspike.com, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this Service on any single device at any given time for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Use of the content or materials for any purpose not expressly permitted in these Terms is strictly prohibited.
b) License. Goldspike.com grants you a personal, non-transferable and non-exclusive right and license to use any necessary software used in connection with its services on any single computer at any given time, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including, without limitation, for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Goldspike.com for use in accessing the Service.
- a) The Goldspike.com site is not open to anyone under the age of fourteen.
b) The Goldspike.com site collects no personal information about you, other than your name, e-mail address, and acceptance of these terms if you submit them on the “STAY CONNECTED” page. Provision of such information is voluntary.
c) The Goldspike.com may provide your contact information to affiliated companies and its partners. If you do not want Goldspike.com to share your information with such third parties, please send us your name and e-mail address to email@example.com.
d) You may opt out receiving e-mails from Goldspike.com by sending us your name and e-mail address to firstname.lastname@example.org. Please note that once you opt out, you can sign up again for e-mails by submitting your information on the “STAY CONNECTED” page.
e) Goldspike.com does not collect credit card information on the Site or through any e-mails. Goldspike.com does not collect “Personal Information” as defined by NRS 603A.040.
7) COPYRIGHT INFRINGEMENT
If you believe that any content appearing on or through any Service is being used in manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (email is sufficient) that includes the following information:
a) A document containing a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed;
b) A detailed description of where the material that you claim is infringing is located on the Site or in a particular e-mail communication;
c) Your mailing address, telephone number, and e-mail address;
d) 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; and
e) A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
f) Our Copyright Agent for notice of claims of copyright infringement on this Site or in any e-mail communication is:
By postal mail:
3540 West Sahara Ave E6 #351
Las Vegas, NV 89102
[ATTN: LEGAL AFFAIRS: COPYRIGHT AGENT]
You may also send an e-mail in addition to the written notice to [E-MAIL: email@example.com] however, due to the volume of spam e-mail, such notices must also be sent by mail to the address above.
8) NO WARRANTY.
- a) YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
b) ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (“MATERIALS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE MATERIALS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, GOLDSPIKE.COM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
c) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOLDSPIKE.COM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
9) LIMITATION OF LIABILITY
IN NO EVENT SHALL GOLDSPIKE.COM, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING UNAUTHORIZED ACCESS TO OR ALTERATIONS TO YOUR TRANSMISSIONS OF DATA. UNDER NO CIRCUMSTANCES WILL GOLDSPIKE.COM BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GOLDSPIKE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
10) SOLE REMEDY
IN ANY EVENT, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LIABILITY RELATING TO OR ARISING OUT OF THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
You agree to defend, indemnify and hold harmless Goldspike.com and its parent, subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from all liabilities, actions, claims and expenses, including legal fees, asserted by any third party, governmental body or governmental agency, arising out of or relating to: (a) this Agreement; (b) your use of the Service, including any data or work transmitted or received by you or any service provider; (c) your connection to any Goldspike.com site; (d) your violation of this Agreement; (e) your violation of any gaming regulations, edicts or laws to which the you are subject; or (f) your violation of any rights of a third party or service provider.
- a) Incorporation. You agree that this agreement and all incorporated agreements may be automatically assigned by Goldspike.com, in its sole discretion, to a third party in the event of a merger or acquisition.
b) No Waiver. Goldspike.com’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Goldspike.com’s failure to enforce in one or more instances any of these Terms shall not be construed as a waiver of the future performance of any Term.
c) Severability and Integration. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Goldspike.com with respect to this Service and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Goldspike.com with respect to this Service. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect.
d) Notices. Except as expressly stated otherwise, any notices to Goldspike.com shall be made by registered mail to Goldspike.com, Attention: Legal Department, 3540 West Sahara Ave E6 #351, Las Vegas, NV 89102. Notices to you may be made to the e-mail address you provide to Goldspike.com during the registration process or by postal mail (including registered mail) to the address you provide to Goldspike.com during the registration process. Notice sent to you shall be deemed given twenty-four hours after e-mail is sent and three (3) days after the date of mailing.
e) Time Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
f) Choice of Law. These Terms shall be governed by and construed in accordance with the laws Nevada. excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of this Service shall be exclusively resolved in accordance with the dispute resolution terms set forth in Section 12.f of these Terms.
g) Dispute Resolution. You and Goldspike.com agree that any Dispute between You and Goldspike.com will be resolved exclusively and finally by arbitration administered by the National Arbitration Forum (“NAF”) and conducted under its rules, except as otherwise provided below. You and Goldspike.com will agree on another arbitration forum if NAF ceases operations. The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and Goldspike.com. The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class action basis. The arbitration shall be held at any reasonable location in Las Vegas, Nevada, U.S.A. If You prevail in the arbitration of any Dispute with Goldspike.com, Goldspike.com will reimburse You for any fees you paid to NAF in connection with the arbitration. Any decision rendered in such arbitration proceedings will be final and binding on the parties, and judgment may be entered thereon in any court of competent jurisdiction. Should either party bring a Dispute in a forum other than NAF, the arbitrator may award the other party its reasonable costs and expenses, including attorneys’ fees, incurred in staying or dismissing such other proceedings or in otherwise enforcing compliance with this dispute resolution provision. You understand that, in the absence of this provision, You would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any Disputes through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this provision, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to (i) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof, (ii) the related order for, purchase, delivery, receipt or use of any product or service from Goldspike.com, or iii) any other dispute arising out of or relating to the relationship between You and Goldspike.com; the term “Goldspike.com” means DTP Comm Dev, LLC, its parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Goldspike.com; and the term “You” means you, or those in privity with you, such as family members or beneficiaries. Information may be obtained from the NAF on line at www.arb-forum.com, by calling 800-474-2371, or writing to P.O. Box 50191, Minneapolis, MN, 55405.
By accessing this web site, you represent that you have read this Agreement in its entirety, understand its terms, are duly authorized to execute this Agreement on behalf of yourself, and you will be bound by these terms.