Terms and Conditions of Use
“Website” means the www.goldenearclub.com website.
“User” means any visitor or user of the Website.
“Terms and Conditions of Use” means the following terms and conditions of use of the Website.
This Website is offered by Goldenear Company, Inc. (hereinafter referred to as “GoldenEarClub”), with registered office in 25350 Magic Mountain Parkway, #300, Valencia CA (in US), Tax Code, and VAT.
The following Terms and Conditions of Use shall govern the access to the Website and its use. Furthermore, particular terms and conditions of use shall apply to specific services, contents, data, materials or information reported in or through this Website (hereinafter referred to as “Contents”), or to specific , contents, data, materials or information which the user uploads, presents and/or publishes on the Website (hereinafter defined “User – Contents”) or to transactions concluded through the Website. Such particular terms and conditions of use shall be added to these Terms and Conditions of Use.
2. Acceptance of the Terms and Conditions of Use
Either by accessing to any part or section of the Website or by using this Website and the services connected to the Website, the User agrees to be bound by these Terms and Conditions of Use, by all the terms and conditions included therein or to which any additional terms and conditions that are included in this Website refer.
3. Amendment of the Terms and Conditions of Use
GoldenEarClub reserves the right to amend these Terms and Conditions of Use at any time: the Terms and Conditions of Use as amended shall apply effective from their publication. In the case where the user continues to access to or use the Website after such publication, the acceptance of such amendments by the user shall be presumed. The user is advised to check the applicable terms and conditions on a regular basis.
GoldenEarClub reserves the right to remove or amend or update the Website and the related Contents in any moment and without any prior notice. GoldenEarClub reserves the right to, in any moment, with immediate effect, without any prior notice, at its own exclusive discretion and for any reason, limit, refuse or interrupt, in full or in part, the access to the Website, or part thereof, by any user.
5. Contents – Proprietary rights
Any material and information published on the Website (including, by way of non limiting example, press articles, pictures, images, illustrations, audio video recordings, hereinafter referred to as “Contents”) are supplied by GoldenEarClub and, if so stated, by third parties. The user acknowledges that the information, the data, the software, the pictures, the charts, the videos, the graphics, the music, the sounds, the images, the illustrations, the drawings, the icons and any other material on this Website are the property of GoldenEarClub and/or of anyone holds the rights related thereto. The services of the Website and its contents are protected by the laws on copyright.
The copyright and all the other property rights related to the Contents supplied by GoldenEarClub and by its partners, to the software used for managing and publishing on the Site, to the compilation of the data on the Website and to the order, sequencing and planning of the Website, belong in full to GoldenEarClub and/or to its partners or licensors. Any right to the Contents which is not expressly granted under these Terms and Conditions of Use is reserved.
6. Limitations of Responsibility
The information, the software and the services which are included or available through the Website may contain inaccuracies or errors, notwithstanding the application by GoldenEarClub of any reasonable precautions for avoiding them at the moment of their publication. GoldenEarClub updates the Website on a regular basis and has the right to modify any published information in any moment without prior notice.
GoldenEarClub and/or its supplier do not grant any warranty or representation on the appropriateness, reliability, availability, absence of viruses (or of other components which may cause damage) and accuracy of the information, of the software, of the services and the related graphics contained in the Website or in the services offered at any purpose.
ANY INFORMATION (INCLUDING, BY WAY OF NON LIMITING EXAMPLE, TEXTS, IMAGES, GRAPHICAL ELEMENTS, LINKS AND OTHER MATERIALS) INCLUDED IN THIS WEBSITE ARE SUPPLIED “AS IS” AND “AS AVAILABLE”. GoldenEarClub AND ITS PARTNER COMPANIES, LICENSORS, LICENSEES AND SUPPLIERS EXPRESSLY EXCLUDE ANY REPRESENTATION OR WARRANTY OF ANY KIND, IMPLICIT OR EXPLICIT, INCLUDING ANY GUARANTEE FOR THE MARKETABILITY, SUITABILITY FOR PARTICULAR PURPOSES, NON-VIOLATION AND THE LIKE, WITH REGARDS TO THE OPERATION OF THIS WEBSITE AND THE CONTENTS OR USER-CONTENTS.
Neither GoldenEarClub, nor its partner companies, licensors, licensees and suppliers undertake any obligation related tot he following: (i) that the Website meets the needs of the use, (ii) that the Website operates in a continuous, timely, safe and error-free manner, or (iii) that the results obtained by using the Website (including the information and the materials in this Website) are correct, complete, accurate and meet in another way the needs of the user.
GoldenEarClub and its partner companies, licensors and licensee shall not take any responsibility with regards to any interruption or omission regarding the Internet, web or hosting service and do not guarantee that the Website, the services which ensure its availability or the sending of the electronic notices from GoldenEarClub are free from viruses or other harmful elements.
The user shall carry out any download or any other operation through this Website of any material shall at his own discretion and risk. The User accepts his sole responsibility regarding any damage to his IT system or loss of data caused by the downloaded contents.
The information contained in the Website are not and shall not be any call of public savings or solicitation to any investment, in US or abroad. In particular, the information contained in the Website are not intended for the offer and shall not be held an sale offer or a request of a purchase offer of financial instruments, or offer, invitation to offer or promotional activity with regards to financial instruments towards any citizen or subject residing in US or abroad. The information supplied on the Website shall not be regarded as reliable for taking any decision related to investments. The contents of the Website shall not be in any way held as legal, tax or financial consultancy.
GoldenEarClub declines all responsibilities with regards to the content of any other website, through which, by a link, the User reached the Website or which was reached by the User through a link present on the Website. GoldenEarClub shall not be held in any way liable for any loss or damage suffered by the User as a consequence of the use by the latter of website to which the Website is connected through links.
The connection by other websites to the Website through hypertext links to the homepage of the Website shall be subject to written request to GoldenEarClub. GoldenEarClub reserves the right to deny its authorisation to the link in the case where such connection my represent in any way a damage of any king for the company (including any damage to its image or good name), at its own indisputable opinion. Any connection through “deep link” or using techniques intended to prevent the identification of the (or to mask the) authorship of the contents is expressly forbidden.
There is the possibility that, in order to enable the access to specific areas of the Website and the use of specific functions, services or elements of the Website, the User is requested to sign up to the Website.
Upon registration the user shall select his password and provide a single e-mail address, valid, in use and verifiable. GoldenEarClub will send to the user a confirmation e-mail containing the registration data: in case of failed, for any reason, delivery of such information, the access to or the use of areas, functions or elements, for which such registration is required, may be denied or interrupted. The user is obliged to timely update the registration, so that it shall always be accurate and updated. Furthermore, the user accepts his full responsibility for ensuring the confidentiality of his password. The user accepts also the exclusive responsibility of limiting the access to his computer or computers. The user shall exclusively responsible for any activity, which may concern his account, username and/or password which is the result of his conduct, failed action or negligence.
8. User who submits User-Contents
When submitting User-Contents to the Website, the user guarantees that the materials shall be appropriate, constructive and relevant and free from any element which is potentially illegal or in any case unsuitable for their publication, including, by way of non limiting example, elements which are (1) potentially defamatory or offensive for individuals or entities, (2) potentially harmful for persons or properties or having a defamatory or vexatious nature for persons or organizations, (3) potentially capable or violate the rights (including those related to privacy and advertising) belonging to any person, (4) have a pornographic, obscene, offensive, vulgar, indecent or intimidatory nature, (5) have a questionable character, culturally, ethnically or otherwise, or (6) are suitable to suggest or encourage any illegal activity.
9. Statements of responsibility and warranties by the user
The user represents, declares and guarantees that:
- a) no material submitted to the Website through his account (“User – contents”) violates any third party proprietary right including, by way of non limiting example, any copyright, registered trademark protection, confidentiality or any other individual right, being in personam or in rem;
- b) the User contents are submitted by persons of adult age. With regards to minors, the material shall be reviewed and authorised by the exercisers of the parental authority.
The user acknowledges and agrees that his ideas, his contributions or discussions or any other User – Content submitted to the Website, which are not subject to any protection of intellectual property right, may be used by any other user without any right to any compensation or recognition.
The user grants to GoldenEarClub a global, irrevocable, royalty free, non exclusive, suitable to be sub-licensed or transferable to use, reproduce, to create derivative works, distribute, use in public, display in public, broadcast and publish the User-contents submitted by him on the Website, in any other GoldenEarClub website or in the GoldenEarClub marketing and PR material, by means of any tool.
The user undertakes the full responsibility for the User – contents and for any consequence arising from their submission. GoldenEarClub shall not endorse any User – content or any opinion, recommendation or advice contained therein and shall not be held in any way responsible with regards to such User – contents.
GoldenEarClub reserves the exclusive right to modify and/or remove, for any reason, in any moment, without any prior notice or need to authorize and at its own exclusive discretion, messages or any other Content which is disputable, inappropriate or otherwise conflicting with these Terms and Conditions of Use.
As a consequence, the user shall hold GoldenEarClub and all its nominees, successors and assigns, harmless from and against any responsibility and harmful consequence, including, without exception any legal fee arising from any legal proceeding moved from the violation by the user of the obligations under these Terms and Conditions of Use, related to the abuse by himself or third party of his account violating the guarantees provided for by this article. The user is in any case obliged to provide to GoldenEarClub any support in order to appropriately protect its rights with regards to said legal proceedings. GoldenEarClub reserves the right to seek independent protection by defending itself in judgement, at its own expense, without prejudice for the right of compensation by the user.
10. Versions of the Website
This website consists only of the English version.
11. Resolution of disputes
These Terms and Conditions of use shall be governed and interpreted according to the US laws. The user accepts the non exclusive jurisdiction of the Courts sitting in Los Angeles, CA, US, in the case of complaints, claims or legal proceedings arising from or connected to these Terms and Conditions of Use and the use of this Website by the user, including, among the others, any dispute on the existence or validity of these Terms and Conditions of Use.
12. Invalid Clauses
In the case where any of these Terms of Conditions of Use is declared invalid or not applicable, it shall be replaced by a valid and applicable provision whose content is as close as possible to the content of the original one, while the others will be regularly applied.
The failed exercise by GoldenEarClub, with regards to past or future actions by other persons, of any right provided for by these Terms and Conditions of Use, shall not imply any waiver to any right of GoldenEarClub, provided for therein. Neither the reception of payments by GoldenEarClub, nor the expectations of any person for the actions of GoldenEarClub shall imply any waiver for the clauses of these Terms and Conditions of Use. Only a specific written waiver, signed by an authorised representative of GoldenEarClub, shall have legal effect.
The Laws having effect in the United States of America shall apply to whatever not expressly provided herein.
Last update: 1 Jan 2019