Terms of Use and Privacy Policy
Terms of Use
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the GoldenAnswers.com domain name, the "Golden Answers Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF GOLDEN ANSWERS PRIVACY POLICY. If you do not agree to any of these terms, then please do not use the Golden Answers Website.
2. Golden Answers Website
These Terms of Service apply to all users of the Golden Answers Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Golden Answers Website may contain links to third party websites that are not owned or controlled by Blue Pacific Lda ("Blue Pacific"). Blue Pacific has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Blue Pacific will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Blue Pacific from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Golden Answers Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. Website Access
A. Blue Pacific hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Blue Pacific's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Blue Pacific immediately of any breach of security or unauthorized use of your account. Although Blue Pacific will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Blue Pacific or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Golden Answers servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Blue pacific grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Blue Pacific reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
4. Intellectual Property Rights
The content on the Golden Answers Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Blue Pacific, subject to copyright and other intellectual property rights under Portuguese and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Blue Pacific reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, ordistribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Golden Answers Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Golden Answers Website or the Content therein.
5. User Submissions
A. The Golden Answers Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Blue Pacific does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Blue Pacific to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Golden Answers, you hereby grant Blue Pacific a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Golden Answers Website and Blue Pacific's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Golden Answers Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Golden Answers Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Golden Answers Website.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Blue pacific all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Blue Pacific or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Blue Pacific does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Blue Pacific expressly disclaims any and all liability in connection with User Submissions. Blue Pacific does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Blue Pacific will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Blue Pacific reserves the right to remove Content and User Submissions without prior notice. Blue Pacific will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Blue Pacific also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Blue Pacific may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. You understand that when using the Golden Answers Website, you will be exposed to User Submissions from a variety of sources, and that Blue Pacific is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Blue Pacific with respect thereto, and agree to indemnify and hold Blue Pacific, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
E. Blue Pacific does not permit you to link to materials on the Website. Blue Pacific reserves the right to discontinue any aspect of the Golden Answers Website at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE GOLDEN ANSWERS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BLUE PACIFIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BLUE PACIFIC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GOLDEN ANSWERS WEBSITE. BLUE PACIFIC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GOLDEN ANSWERS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BLUE PACIFIC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL BLUE PACIFIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GOLDEN ANSWERS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BLUE PACIFIC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Blue Pacific Lda from its facilities in Portugal. Blue Pacific makes no representations that the Golden Answers Website is appropriate or available for use in other locations. Those who access or use the Golden Answers Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. Indemnity
You agree to defend, indemnify and hold harmless Blue Pacific, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Golden Answers Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Golden Answers Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Golden Answers Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Golden Answers Website—there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
10. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Blue pacific without restriction.
11. General
You agree that: (i) the Golden Answers Website shall be deemed solely based in Portugal; and (ii) the Golden Answers Website shall be deemed a passive website that does not give rise to personal jurisdiction over Blue Pacific, either specific or general, in jurisdictions other than Portugal. These Terms of Service shall be governed by the internal substantive laws of the Comarca de Lisboa, without respect to its conflict of laws principles. Any claim or dispute between you and Blue Pacific that arises in whole or in part from the Golden Answers Website shall be decided exclusively by a court of competent jurisdiction located Lisbon, Portugal. These Terms of Service, together with the Privacy Notice at http://www.GoldenAnswers.com/tou.aspx and any other legal notices published by Blue Pacific on the Website, shall constitute the entire agreement between you and Blue Pacific concerning the Golden Answers Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Blue Pacific's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Blue Pacific reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Golden Answers Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND BLUE PACIFIC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GOLDEN ANSWERS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Privacy Policy
At Blue Pacific we thrive in making great software and know how important privacy is for building an ethical relationship with our customers and visitors. For any privacy-related questions and concerns please contact support@blue-pacific.com.
Newsletters
All our newsletters are opt-in and include a footer specifying why the message is being received and information on how to unsubscribe. Examples of our newsletters are the product newsletters which can be subscribed in the product download areas.
To be immediately removed from any mailing list to which you subscribed simply send an email with the words "unsubscribe" or "remove" to support@blue-pacific.com .
Information Sharing
In the normal course of business, Blue Pacific does not share any personal information with other companies or individuals. We may share information with third parties only in extraordinary and limited circumstances, including when complying with legal process, or when a product range is exclusively acquired by a third-party company (for example in order for support to continue to be provided to existing customers of such product).
Cookies
Some pages might use Cookies to enhance your online experience, for example to avoid repeating results or to maintain interface settings.
Credit Card Transactions
Blue Pacific does not store any confidential information associated with Credit Card Transactions such as credit card numbers.
Web Server Requests Logging
As common in current web servers, Blue Pacific's web server automatically logs information about visitors, including the URL, IP address, browser type and language, and the date and time of your request. This information is used for internal website statistics only.
External Site Links
Blue Pacific links to other websites on the internet. Content and Privacy Policies for those sites are naturally the responsibility of their respective owners. |