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Terms & Conditions

Terms & Conditions

 

 

GOLD DATA MEDIA Inc. (GOLD DATA MEDIA), owns and operates an application and corresponding technology platform, that allows users to watch live musical performances, visual and audio performances by musical bands and singers, and live streaming musical performancesThis Agreement governs your relationship with our website “www.golddata.live”, its corresponding Applications, content, products, services, and technology platform.

 

Anyone interacting with GOLD DATA MEDIA’s application and a corresponding technology platform, are collectively referred to herein as “Users,” and the services provided by GOLD DATA MEDIA’s application and a corresponding technology platform to said Users shall be referred to herein as “Services." Access to and use of this mobile application, its corresponding features, and technology platform (collectively, the "Services") are subject to the following terms, conditions, and notices (the "Terms of Service"). By using our website “www.golddata.live”, the mobile application, its corresponding features, and technology platform you are agreeing to all the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. It is dated as the date User agrees to this agreement.

 

This agreement provides User access to a proprietary online software service that delivers a comprehensive and reliable platform providing users the opportunity to watch live musical performances, visual and audio performances by musical bands and singers, and live streaming musical performances, including with third party providers of such services under agreement with GOLD DATA MEDIA or certain of GOLD DATA MEDIA affiliates.

 

Access to our website “www.golddata.live”, this mobile application, its corresponding features, and technology platform is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason our website “www.golddata.live”, this mobile application, its corresponding features, and technology platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our website “www.golddata.live or this entire Mobile application due to scheduled outages, and (y) unavailability caused by force majeure.

 

BY USING OR OTHERWISE ACCESSING OUR WEBSITE “www.golddata.live”, THE MOBILE APPLICATION, OR ITS CORRESPONDING FEATURES, OR MANIFESTING YOUR ASSENT TO THESE TERMS OF SERVICE IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF SERVICE. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE OR OTHERWISE ACCESS OUR WEBSITE “www.golddata.live”, THE MOBILE APPLICATION OR ITS CORRESPONDING FEATURES. YOU FURTHER AGREE THAT YOUR USE OF A KEYPAD, MOUSE OR OTHER DEVICE TO SELECT AN ITEM, BUTTON, ICON OR SIMILAR ACT OR ACTION, OR ANY OTHER ACT OR ACTION IN SUBMITTING MATERIALS TO GOLD DATA MEDIA OR ACCESSING GOLD DATA MEDIA CONTENT CONSTITUTES YOUR ELECTRONIC SIGNATURE, ACCEPTANCE AND AGREEMENT. YOU ALSO AGREE THAT NO CERTIFICATION AUTHORITY OR OTHER THIRD-PARTY VERIFICATION IS NECESSARY TO VALIDATE YOUR ELECTRONIC SIGNATURE, AND THE LACK OF SUCH CERTIFICATION OR THIRD-PARTY VERIFICATION WILL NOT IN ANY WAY AFFECT THE ENFORCEABILITY OF YOUR ELECTRONIC SIGNATURE OR ANY RESULTING AGREEMENT BETWEEN YOU AND GOLD DATA MEDIA.

 

Our website “www.golddata.live”, this mobile application, its corresponding features, and technology platform may contain links to other mobile applications (the "Linked Sites"), which are not operated by GOLD DATA MEDIA. Further, GOLD DATA MEDIA has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

 

Our website “www.golddata.live”, this mobile application, its corresponding features, and technology platform may display advertising on behalf of businesses and we rely upon those businesses for the accuracy, completeness and honesty of that advertising. Under no circumstances does GOLD DATA MEDIA endorse and/or have any other undisclosed connection with the businesses that may advertise with us.

 

Services

 

We offer the following Services through our proprietary software as a service platform that we host for our users; watch live musical performances, visual and audio performances by musical bands and singers, and live streaming musical performances

 

You are only entitled to use the said Services and your use of the Services is subject to your compliance with all applicable Terms of Service. You acknowledge and agree that we reserve the right to modify the Services being offered (or any part thereof) from time to time and that we shall not be liable to you or to any third party for any modification of the products and services available to you. Unless otherwise agreed by GOLD DATA MEDIA in a separate written agreement with you, the Products and Services are made available solely for your personal, noncommercial use.

 

User Representations

You hereby represent and warrant to GOLD DATA MEDIA that: (a) you (i) have reached the age of majority in the jurisdiction where you reside (generally 18, 19 or 21 years of age depending on the jurisdiction), (ii) are an emancipated minor under the laws of your jurisdiction of domicile and/or residence or (iii) otherwise have the power and authority to enter into and perform your obligations under this Agreement; (b) you are an authorized signatory of the credit or debit card or other method of payment that you provide to GOLD DATA MEDIA or it third-party payment processor to pay the purchase price and any applicable fees or taxes related to your Orders; (c) you will comply with the terms and conditions of these Terms of Service and any other agreement to which you are subject that is related to your use of the Web Site or any part thereof or any Order(s) that you place via the Web Site; (d) you have provided and will maintain truthful, accurate and complete information to GOLD DATA MEDIA, including, without limitation, your legal name, address, email address, and any other registration information GOLD DATA MEDIA may reasonably require; (e) your access to and use of the Web Site or any part thereof and/or purchase and use of any Content, products or services will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (f) you will immediately notify GOLD DATA MEDIA in the event that you learn or suspect that your registration information, username or password has been disclosed or otherwise made known to any other person; (g) you will promptly report to GOLD DATA MEDIA any violation of these Terms of Service by any other user; (h) you will not use the Web Site in order to gain competitive intelligence about GOLD DATA MEDIA, the Web Site or any product or service offered via the Web Site or to otherwise compete with GOLD DATA MEDIA or its affiliates; and (i) if you purport to be the agent of, represent or otherwise act on behalf of an entity or any other person, that you are in fact an authorized representative of such entity or other person.

 

In the event that you post any User Content via the Web Site, you hereby make the following additional representations and warranties to GOLD DATA MEDIA: (1) you are owner of such User Content or otherwise have the right to grant GOLD DATA MEDIA the licenses granted pursuant to this Agreement; (2) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (3) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content does not contain any personally identifiable information about third parties in violation of such parties'; rights; (4) the use of any User Content will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content is true, accurate and complete. PLEASE NOTE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY USER CONTENT POSTED ON THE GOLD DATA MEDIAWEB SITE AND IN YOUR PRIVATE E-MAIL MESSAGES.

 

Your Account

 

You will need an account to access our services on www.golddata.live, and you may be required to be logged in to the account and have a valid payment method associated with it to watch the concerts. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. GOLD DATA MEDIA does NOT provide services to children, only to adults, who can purchase with a credit card or other permitted payment method. GOLD DATA MEDIA reserves the right to refuse service, terminate accounts, terminate your rights to use www.golddata.live”, remove or edit content, or cancel orders in its sole discretion. We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.

 

Passwords and Account Access.

 

The User who created the “www.golddata.live” account and whose Payment Method is charged (the "Account Owner") is responsible for any activity that occurs through the “www.golddata.live” account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the “www.golddata.live” ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, “www.golddata.live” or our partners from identity theft or other fraudulent activity. “www.golddata.live” is not obligated to credit or discount a membership for holds placed on the account by either a representative of “www.golddata.live” or by the automated processes of “www.golddata.live”. If your “www.golddata.live” ready device is sold, lost or stolen, please deactivate the “www.golddata.live” ready device. If you fail to log out or deactivate your device, subsequent users may access the “www.golddata.live” service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the "Account" page of our website.

 

Prohibitions

 

You must not misuse our website “www.golddata.live”, this mobile application, its corresponding features, and technology platform. You will not: Access the Service to build a competitive service or product, or copy any feature, function or graphic for competitive purposes, reverse engineer or deconstruct the Services, setup any account pretending to be someone else (or spoof someone’s identity), commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; Use any GOLD DATA MEDIA Marks, domain names, or confusingly similar domains or other portion of the GOLD DATA MEDIA Sites/Services (including in connection with meta tags or other "hidden text") in advertising, promotions, or for other commercial purposes; collect, manually or through an automatic process, information about other users without their express consent or other information relating to the GOLD DATA MEDIA Sites/Services or attempt to affect the performance or functionality of any computer facilities of or accessed through this mobile application, its corresponding features, and technology platform. Breaching this provision would constitute a criminal offense and GOLD DATA MEDIA will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

 

With respect to your use of the GOLD DATA MEDIA Platform, you agree that you will not: impersonate any person or entity; stalk, threaten, or otherwise harass any person or business, or carry any weapons; violate any law, statute, rule, permit, ordinance or regulation; interfere with or disrupt the GOLD DATA MEDIA Platform or the servers or networks connected to the GOLD DATA MEDIA Platform;

post Information or interact on the GOLD DATA MEDIA Platform in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal; use the GOLD DATA MEDIA Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the GOLD DATA MEDIA Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information; forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the GOLD DATA MEDIA Platform; “frame” or “mirror” any part of the GOLD DATA MEDIA Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the GOLD DATA MEDIA Platform; rent, lease, lend, sell, redistribute, license or sublicense the GOLD DATA MEDIA Platform or access to any portion of the GOLD DATA MEDIA Platform; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the GOLD DATA MEDIA Platform or its contents; link directly or indirectly to any other web sites; transfer or sell your User account, password and/or identification, or any other User's Information to any other party; discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; violate any of the Referral Program rules if you participate in the Referral Program; or cause any third party to engage in the restricted activities above.

 

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 this mobile application, its corresponding features, and technology platform or to your downloading of any material posted on it, or on any mobile application linked to it.

 

Suspension

We may suspend your right to access or use any portion or all the Services immediately upon notice to you if we determine: (a) your use of the Services may subject us, our affiliates, or any third party to liability or may adversely impact the Services or the systems or content of any other GOLD DATA MEDIA user; or (b) you are in breach of this Agreement. Our right to suspend your right to access or use the Services is in addition to our right to terminate this Agreement pursuant to the Termination Section.

 

Termination

 

We may terminate this Agreement at any time and for any reason, immediately, without notice or liability. We may also terminate this Agreement immediately, without notice or liability, if we determine in our sole discretion that: (i) you have breached any portion of this Agreement; (ii) your use of, or access to, the Services violates any applicable law, rule or regulation or otherwise inhibits any other user from using or accessing the Service; (iii) the reasons for suspension in Suspension Section will not be cured; (iv) our relationship with a third party partner who provides software, content, data, or other technology we use to provide the Services expires, terminates or requires us to change the way we provide part of the Services; (v) the Services could create a substantial economic or technical burden or material security risk for us; or (vi) our provision of any of the Services to you has become impractical or unfeasible for any legal or regulatory reason. Upon termination of this Agreement. You must uninstall any of our software associated with the Services if one is provided.  

 

Terms of Purchase

 

By placing an order, you are offering to purchase a service on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

 

While we try and ensure that all details, description and prices that appear on this Website are accurate, errors may occur. If we discover an error in the price of any of the services, we provide that you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled.

 

Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the services you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

 

The Company’s Software and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in GOLD DATA MEDIA’s privacy policy or as otherwise required by applicable law, GOLD DATA MEDIA is not responsible for any delays, analysis failures, or other economic damage resulting from such problems. You acknowledge that access to the Service may subject you to third party fees (such as Internet service provider or mobile data fees, or airtime charges). You are responsible for applicable fees, including those fees associated with the display or analysis of advertisements, if applicable. In addition, you must provide and are responsible for all equipment necessary to access GOLD DATA MEDIA in any medium or via any service.

You agree to use the GOLD DATA MEDIA service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms and Conditions, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the GOLD DATA MEDIA service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the GOLD DATA MEDIA service; use any robot, spider, scraper or other automated means to access the GOLD DATA MEDIA service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the GOLD DATA MEDIA service; insert any code or product or manipulate the content of the GOLD DATA MEDIA service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the GOLD DATA MEDIA service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

 

The quality of the display of the “www.golddata.live” content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR and not all plans allow you to receive content in all formats. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 1.0 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 3.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 15.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 4K or higher). You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. “www.golddata.live” makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching “www.golddata.live” content will vary based on a number of factors, including your location, available bandwidth at the time, the “www.golddata.live” content you have selected and the configuration of your “www.golddata.live” ready device.

 

You are responsible for reading the full description of the services you wish to buy before making a purchase.

 

PAYMENT SERVICE AUTHORIZATION

[HT1] 

When you make a purchase, you will be asked to provide us with a credit card number from a card issuer, or other payment information that we accept, to pay for any fees related to the purchase or booking. We may seek pre-authorization of Your credit card or other payment information prior to a purchase to verify that the credit card or payment information is valid and/or has the necessary funds or credit available to cover Your purchase, order, fee or subscription[HT2] . These pre-authorizations will reduce Your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact Your card issuer if You have additional questions regarding when an authorization amount will be removed from Your statement.

 

If at any point GOLD DATA MEDIA collects credit card billing information from You, said data will be transferred using techniques considered commonplace and “industry standard” by our processing partner(s) [HT3] and any data that we use, store, process or retain will be handled pursuant to our Privacy Policy and that of your credit card issuer. Credit card information will be treated as ephemeral data by GOLD DATA MEDIA and will solely be processed and, if applicable, stored by our partner(s) in use at the time of the transaction. Credit card information will be stored at time of a transaction or at any given time if a user makes the decision to associate a payment method with their account.

 

Your card issuer agreement governs Your use of Your credit or debit card, and You must refer to that agreement and not this Terms of Use to determine Your rights and liabilities as a cardholder. YOU, AND NOT GOLD DATA MEDIA, ARE RESPONSIBLE FOR ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD OR DEDUCTED VIA YOUR DEBIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with Your purchases and services (including any applicable taxes) at the rates/prices/fees in effect when the charges were incurred. If We do not receive payment from Your credit card issuer or its agent, you agree to pay all amounts due upon request or demand by GOLD DATA MEDIA or its agents.

 

GOLD DATA MEDIA shall have the right to refuse or cancel any orders placed for products, subscriptions and/or Services that are listed at an incorrect price, or incorporate an incorrect coupon, rebate or refund, or containing any other incorrect information or typographical errors or made for purposes of or in connection with fraud. GOLD DATA MEDIA shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order is canceled, GOLD DATA MEDIA agree to promptly issue a credit to Your credit card account in the amount of the charge.

 

No Refunds.

 

Payments are nonrefundable and there are no refunds or credits. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

 

Personal data we collect.

 

We collect information you provide to us which includes: your name, email address, address or postal code, payment method(s), and telephone number. We collect this information in a number of ways, including when you enter it while using our service, interact with our customer service, or participate in surveys or marketing promotions.

Other information that you knowingly provide, such as search parameters you enter in connection with a search you conduct through our website “www.golddata.live”, the mobile application, its corresponding features, and technology platform, your activity such as shows you watched, ratings and reviews or other content you post on our website “www.golddata.live”, the mobile application, its corresponding features, and technology platform, any other information that may be personally identifiable to the extent they are published on this Website or elsewhere in association with your profile or other Personally Identifying Information.

 

If you use an available feature on our website “www.golddata.live”, the mobile application, its corresponding features, and technology platform to request contact or a quote for providing services or products from any shows listed or advertised on our website “www.golddata.live”, the mobile application, its corresponding features, and technology platform, we may collect your name and contact information for the purpose of fulfilling your request for information.

 

Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your phone or computer to the Internet; login; e-mail address; password; computer and connection information such as browser type, version, and time zone setting, browser plug-in types and versions, operating system, and platform; purchase history; the full Uniform Resource Locator (URL) clickstream to, through and from our Web site, including date and time; cookie number; products you viewed or searched for; and the phone number you used to call our number. We may also use browser data such as cookies, Flash cookies (also known as Flash Local Shared Objects), or similar data on certain parts of our Web site for fraud prevention and other purposes. During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. We may also collect technical information to help us identify your device for fraud prevention and diagnostic purposes.

 

Intellectual Property, Software, and Content

 

The software, workflow processes, user interface, designs, know-how, other technologies, and content (including photographic images) provided by GOLD DATA MEDIA as part of our website “www.golddata.live”, this mobile application, its corresponding features, and technology platform are the proprietary property of GOLD DATA MEDIA and its licensors, and all rights, title and interest in and to such items, including all associated intellectual property rights, remain only with GOLD DATA MEDIA. All associated intellectual property rights, remain only with GOLD DATA MEDIA. GOLD DATA MEDIA reserves all rights unless expressly granted in this agreement.

 

The intellectual property rights made available to you on or through our website “www.golddata.live”, this mobile application, its corresponding features, and technology platform remains the property of GOLD DATA MEDIA or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by GOLD DATA MEDIA and its licensors. You are not permitted to publish, store, download, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on our website “www.golddata.live”, this mobile application, its corresponding features, and technology platform nor may you use any such content in connection with any business or commercial enterprise.

 

Copyright and Copyright Notices

 

GOLD DATA MEDIA respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide GOLD DATA MEDIA’s Copyright Agent the following information: an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our website “www.golddata.live” or the Mobile Application sufficient to allow us to locate the allegedly infringing material; your address, telephone number, and email address; 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 a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Please contact GOLD DATA MEDIA’s Copyright Agent for Notice of Claims of copyright infringement at:

 

GOLD DATA MEDIA Inc.

14199 NW 8TH ST

Sunrise, FL 33325

Via email to: betzabeth.toledo@golddata.net

 

or:

 

Copyright Agent

 

With copy to:

 

Augusto Perera, Esq.

E ap@tmmiami.com

121 Alhambra Plaza, Suite 1500,

Coral Gables, FL 33134

 

Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the Digital Millennium Copyright Act Notice-Counter-Notice.

 

Disclaimer of Liability

 

The material displayed on our website “www.golddata.live”, mobile application, its corresponding features, and technology platform is provided without any guarantees, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law GOLD DATA MEDIA and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this mobile application, its corresponding features, and technology platform or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect GOLD DATA MEDIA’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

 

Further, our website “www.golddata.live”, the mobile application, its corresponding features, and technology platform is provided on an “AS IS,” “as available” basis. We do not warrant that your use of the mobile application, its corresponding features, and technology platform will be uninterrupted or error-free. We do not warrant the accuracy, integrity, or completeness of the Content provided on the Site, or the products or services offered for sale. We make no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. We specifically disclaim warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by us shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting, or use of the mobile application, its corresponding features, and technology platform is at your sole risk.

 

Under no circumstances shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use our website “www.golddata.live”, the mobile application, its corresponding features, and technology platform, including but not limited to reliance by a user on any information obtained at the mobile application, its corresponding features, and technology platform, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if one of our authorized representatives have been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content and services available through the mobile application, its corresponding features, and technology platform. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, then in such state liability is limited to the fullest extent permitted by law.

 

Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the mobile application, its corresponding features, and technology platform, please refer to the third-party’s terms and conditions for details.

 

The services in our website “www.golddata.live”, our mobile application, its corresponding features, and technology platform are intended for personal use, unless otherwise indicated.

 

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: OUR WEBSITE “www.golddata.live”, THE MOBILE APPLICATION, ANY CONTENT AND ANY PRODUCTS OR SERVICES PROVIDED VIA OUR WEBSITE “www.golddata.live” and THE MOBILE APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOLD DATA MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, ACCURACY, CORRECTNESS AND NON-INFRINGEMENT. WITHOUT LIMITATION, GOLD DATA MEDIA MAKES NO WARRANTY THAT THE MOBILE APPLICATION, ANY CONTENT OR ANY PRODUCTS OR SERVICES PROVIDED VIA OUR WEBSITE “www.golddata.live” and THE MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE MOBILE APPLICATION WILL MEET YOUR EXPECTATIONS. UNDER NO CIRCUMSTANCES WILL GOLD DATA MEDIA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE GOLD DATA MEDIA WEBSITE “www.golddata.live” AND MOBILE APPLICATION OR TRANSMITTED TO OR BY ANY USERS. ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE “www.golddata.live” AND THE MOBILE APPLICATION IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE MOBILE APPLICATION OR ANY PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE. ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW ARE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT MAY VARY FROM JURISDICTION TO JURISDICTION.

 

Limitation of Liability

 

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOLD DATA MEDIA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GOLD DATA MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE OUR WEBSITE “www.golddata.live”, THE MOBILE APPLICATION, ANY CONTENT, OR SERVICES MADE AVAILABLE ON OR PURCHASED VIA THE MOBILE APPLICATION; (B) THE COST OF PROCUREMENT OF SUBSTITUTE CONTENT AND SERVICES RESULTING FROM ANY CONTENT, PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE MOBILE APPLICATION OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE MOBILE APPLICATION, ANY CONTENT OR PRODUCTS OR SERVICES. IF YOU ARE DISSATISFIED WITH OUR WEBSITE “www.golddata.live” OR THE MOBILE APPLICATION, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF OUR WEBSITE “www.golddata.live” AND THE MOBILE APPLICATION AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOLD DATA MEDIA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE “www.golddata.live” OR THE MOBILE APPLICATION, PURCHASING ANY CONTENT OR PURCHASING GOLD DATA MEDIA'S PRODUCTS OR SERVICES OR ANY AMOUNT RETAINED BY GOLD DATA MEDIA FOR PROVIDING THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

 

Internet-Based Advertising

 

Additionally, we may use third-party software to serve ads on our platforms, implement email marketing campaigns, and manage other interactive marketing initiatives. This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us. For more information about opting-out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

 

Website Analytics

 

We may also partner with selected third-party vendors, such as Adobe Analytics, Google Analytics, Heap Analytics, and others, to allow tracking technologies and remarketing services on our platforms through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of our platforms, determine the popularity of certain content and better understand online activity. By accessing our platforms, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

 

You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.

 

Mobile Applications and Location-based Services

 

GOLD DATA MEDIA’s website “www.golddata.live”, mobile application, its corresponding features, and technology platform are also offered via a mobile Applications for access via smartphones and tablet devices. These Applications are subject to the same information handling practices outlined in this policy.

 

GOLD DATA MEDIA mobile Applications may include the option to provide you with helpful information based on where you are. To provide such location-based services, GOLD DATA MEDIA may collect, use, and share precise location data, including the real-time geographic location of your mobile device. This location data is collected anonymously in a form that does not personally identify you and is solely used by GOLD DATA MEDIA to provide and improve location-based products and services. If you wish to deactivate this feature, you can disable the location services on your mobile device.

 

IP Addresses

 

Due to the communications standards on the Internet, we automatically receive the uniform resource locator (URL) of the Mobile Application from which you came and the Mobile Application to which you proceed once you leave the Mobile Application. We also receive the IP address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, as well as the name of your Internet service provider (ISP). This information is used to analyze overall trends to help us improve the Mobile Application. The linkage between your IP address and your personally identifiable information is shared with third parties in accordance with this Privacy Policy.

 

Location data provided by the GOLD DATA MEDIA Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither GOLD DATA MEDIA, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the GOLD DATA MEDIA Platform. Any of your Information, including geolocational data, you upload, provide, or post on the GOLD DATA MEDIA Platform may be accessible to GOLD DATA MEDIA and certain Users of the GOLD DATA MEDIA Platform.

 

Web Beacons and Ad Networks

 

We may allow other companies, called ad networks, to serve advertisements to Users via our website “www.golddata.live”, the Mobile Application, its corresponding features, and technology platform. Ad networks include third party ad servers, ad agencies, ad technology vendors, and research firms. GOLD DATA MEDIA may "target" some ads to Users that fit a certain general profile. To deliver these ads properly, the Mobile Application may include a file, called a web beacon, from these ad networks within pages served by our website “www.golddata.live”, the Mobile Application or implement other monitoring technologies so the networks may provide anonymous, aggregated auditing, research and reporting for advertisers as well as to target ads to you while you visit other Mobile Applications. These general targets may also be used by ad networks to display targeted ads on our website “www.golddata.live”, other Mobile Applications as a substitute for random, irrelevant ads. In addition, our website “www.golddata.live” and the Mobile Application may use the technology of ad networks to serve ads only when you visit our website “www.golddata.live”, or our Mobile Application. Ad networks may use non-personal information, such as your state or zip code, in your request to provide advertisements about goods and services that may be of particular interest to you while you visit this our website “www.golddata.live” or the Mobile Application. Because your web browser must request these advertisements and web beacons from the ad network's servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site.

 

COOKIES AND OTHER TRACKING TECHNOLOGIES

 

Cookies are text files containing small amounts of information which are downloaded to your computer or mobile device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are useful because they allow a website to recognize a user’s device. Cookies do many different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience. They can also help to ensure that the advertisements and other content you see online are more relevant to you and your interests. They can be set by the website that you are visiting (known as first party cookies) or by another entity such as an advertising network (known as third party cookies). Session cookies are temporary and once you close the browser window they are deleted from your device. Persistent cookies remain on your device for a longer period and are used by the website to recognize your device when you return.

 

The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the Web site of its manufacturer. Because cookies allow you to take advantage of some of www.golddata.live’s essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Shopping Cart, proceed to Checkout, or use any www.golddata.live’s products and services that require you to Sign in.

 

In addition, as you (and other users) browse or conduct a search on our website “www.golddata.live”, mobile application its corresponding features, and technology platform, or use or download a mobile app, our web servers and third-party vendors with which GOLD DATA MEDIA has an agreement governing our relationship, may automatically collect, track, store and share certain information about such visits, usually through the use of browser cookies, JavaScript files and tagging, web address tracking codes, file impression counts, web beacons or pixels.

CONTROLS FOR DO-NOT-TRACK FEATURES

 

Most web browsers and some mobile operating systems and our platforms include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy. Most web browsers and some mobile operating systems and our platforms include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. If you set the DNT signal on your browser, we will respond to such DNT browser signals.

 

 

Security

 

GOLD DATA MEDIA is committed to securing and protecting from unauthorized access your Personally Identifiable Information that you provide through our website “www.golddata.live”, mobile application its corresponding features, and technology platform. We use reasonable measures to help prevent the information from becoming disclosed to those who are not described in this policy. It is important for you to protect against unauthorized access of any account password or your computer. No security measures are perfect, and we cannot promise that all information collected from you or about you will remain secure in all circumstances.

 

Disclaimer as to ownership of trademarks, images of personalities and third-party copyrights.

 

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on our website “www.golddata.live”, this mobile application, its corresponding features, and technology platform are in no way associated, linked or affiliated with GOLD DATA MEDIA its corresponding features, and technology platform and you should not rely on the existence of such a connection or affiliation in any way. Any trademarks/names featured on this mobile application, its corresponding features, and technology platform are owned by the respective trademark owners, unless otherwise stated. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services, is in no way an assertion that such products or services are endorsed by or connected to GOLD DATA MEDIA, its corresponding features, and technology platform.

 

Indemnity

 

You agree to indemnify, defend and hold harmless GOLD DATA MEDIA, its directors, officers, employees, consultants, agents, and affiliates, from all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use our website “www.golddata.live”, this mobile application, its corresponding features, and technology platform or your breach of the Terms of Service.

 

Variation

 

GOLD DATA MEDIA shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this mobile application, its corresponding features, and technology platform.

 

Invalidity

 

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

 

Disputes

 

THE PARTIES MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION. Any dispute relating in any way to your use of GOLD DATA MEDIA website “www.golddata.live”, mobile application or related to products you purchase through GOLD DATA MEDIA’s website “www.golddata.live”, mobile application its corresponding features, and technology platform shall be submitted to confidential arbitration in the State of Florida, United States, except that, to the extent you have in any manner violated or threatened to violate GOLD DATA MEDIA’s intellectual property rights, GOLD DATA MEDIA may seek injunctive or other appropriate relief in any state or federal court in the United States, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

The interpretation and enforcement of this Policy shall be governed under the laws of the State of Florida. The sole and exclusive venue for any and all issues, claims, or causes of action arising from or related to this Agreement shall be Miami Dade County, Florida.

 

This Service is governed by and operated in accordance with US law. If you are located outside of the US, you use this Service at your own risk. GOLD DATA MEDIA is a company that operates on the World Wide Web so it may be necessary to transfer your Information internationally. In particular, your Information will be transferred to and processed in the United States where our databases operate. By using this Service, you (a) acknowledge that the data protection and other laws of other countries, such as the United States, may provide a less comprehensive or protective standard of protection than those in your country, and consent to your Information being collected, processed and transferred as set forth in these Terms and Conditions and US law.

 

Your rights

 

You are entitled to know whether we hold personal data about you and, if we do, to have access to that personal data and require it to be corrected if it is inaccurate. You can do this by using our Contact Us form. You can exercise your right to prevent marketing communications to you by checking certain boxes on the forms we use to collect your personal data, or by utilizing opt-out mechanisms in e-mails we send to you. You can also exercise the right to discontinue marketing communications to you, or to have your personal data removed from our customer relationship management (CRM) databases at any time by using our Contact Us form.

 

If you withdraw your consent for the use or disclosure of your personal information for purposes set out in this Privacy Notice you may not have access to all our Services and we might not be able to provide you all of the Services and customer support offered to our users and authorized under this Privacy Notice and our User Agreement.

 

Waiver

 

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

Entire Agreement

 

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and GOLD DATA MEDIA Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of GOLD DATA MEDIA.

 


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