Terms and Conditions of Use
Please Read Carefully.
Goldsheet.com is a service provided by Nation-Wide Sports Publications, a subsidiary of Olshan Enterprises, Inc., and The Gold Sheet (“TGS”). By using the Goldsheet.com site and any of our features, services or products you agree to all our terms and conditions that you will find below (the “Agreement”). If you do not agree with any of these terms, please stop your use or the website and any of our features, services or products immediately.
For the purposes of this Agreement: i) the “Website” shall mean the site Goldsheet.com; ii) “Products” shall collectively mean all publications, tables and commentary, information and/or instructions found on the Website or otherwise provided by TGS; iii) “Subscription Services” shall mean registered access to TGS’s subscription program whereby users pay a fee to access, download and store Products; and iv) “Services” shall mean collectively the Subscription Services and other new or existing services offered by TGS on the Website.
Nature of Products / Limitation of Liability
ALL PRODUCTS (AS DEFINED ABOVE) AND SERVICES (AS DEFINED ABOVE) ARE PROVIDED “AS-IS.” WE DO NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE PRODUCTS OR SERVICES FOR YOUR PARTICULAR NEEDS. THE PRODUCTS AND SERVICES ARE USED AT YOUR OWN RISK. IN NO EVENT WILL: I) TGS, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS PRODUCTS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE PRODUCTS OR THE USE OF THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE PRODUCTS AND SERVICES ARE NOT INTENDED AS A SUBSTITUTE FOR COMMON SENSE AND THEY SHOULD ONLY BE A STARTING POINT FOR YOU. PRODUCTS MAY REQUIRE MODIFICATION TO SUIT YOUR PARTICULAR NEEDS AND YOUR STATE, PROVINCIAL OR TERRITORIAL LAW REQUIREMENTS.
Use / Copyright
The Products are for private use only (or for use on behalf of one client) and cannot be resold or distributed without our written consent.
Most of the Products are copyrighted by us. However, some Products may be based on public domain materials or be copyrighted by third parties. We have no claim as to those materials.
Product Use Outside of Defined Area
We make no representations and give no warranties, express or implied, that making the Products available in any particular jurisdiction outside the United States, U.K., Canada, and Australia, is permitted under such jurisdiction’s applicable laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you are a resident outside the United States, U.K., Canada and Australia you must satisfy yourself that you are lawfully able to purchase the Products. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons: i) in jurisdictions outside the United States, U.K., Canada or Australia; ii) who are nominees of or trustees for citizens, residents or nationals of other countries; or iii) in the United States, U.K., Canada or Australia who purchase products designed for jurisdictions other than their own.
No Unlawful or Prohibited Use
You agree not to use the Website, its Products and/or its Services for any unlawful purpose or as prohibited by our terms, conditions and notices set forth in this Agreement and elsewhere on the Website.
You also agree that when using the Website, its Products and/or its Services, you will not:
Violate any applicable laws or regulations.
Attempt to interfere with any other person’s use of the Website or the Services.
Use the Website or the Services in a manner that results in excessive bandwidth, data transfer or server usage, as determined by TGS.
Use the Website or the Services in any manner which could damage, disable, overburden, or impair the TGS Website, computer systems, servers and networks, or interfere with any other party’s use and enjoyment of the Website.
Copy or duplicate or permit any third party to copy or duplicate any portion of the Website or our Products or to swap, rent, sub-license, transfer, sell, upload, download, display or offer any portion of our Website or our Products to any third party.
Download multiple Products for purposes of creating a database or to create a commercial or non-commercial website or product, in whole or in part.
Misrepresent your identity or impersonate any person.
Charge others to use the Services either directly or indirectly.
Attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by TGS in connection with the TGS Website or Services.
Obtain or attempt to obtain any data through any means from the Website or the Services, except if we intend to provide or make it available to you.
Use the Website or Services for any unlawful purpose or to violate any federal, state, international law, code of conduct or other guidelines which may be applicable to the Services or the Website.
Copy, sell, transfer, distribute, publish, or assign your license to the Services in any format to any third party.
Send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of TGS or others.
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of TGS. TGS reserves the right, in its sole discretion, to determine whether and what action to take in response to any violation. Any action or inaction in a particular instance shall not dictate or limit TGS’ response to a future complaint.
Account Registrations and Security
Access to some of the Services, such as the Subscription Service, requires registration and the payment of a fee. In order to register, you agree to provide us with accurate and up-to-date information. You also represent that you have legal right to use the e-mail address(es) you provide.
The account you register is only to be used by the person or organization who registered it. You agree not to disclose the account log-in or access code to any third party or authorize them to access or use the Services on your behalf. You shall immediately notify TGS of any unauthorized use of your user ID or password or any other breach of security. TGS cannot and will not be liable for any damage or loss arising from any unauthorized use of your account.
Payment/Fees and Subscription Renewal
We reserve the right to change the Subscription Service’s fees or applicable charges and to institute new charges at any time.
If your account is paid-in-full, you may cancel your account and terminate this Agreement. We recommend exporting or saving any important documents and data because you will lose access to all content stored in your account after cancellation.
Termination and Access Restriction
The rights granted by TGS to use the Subscription Services is predicated upon a user’s: a) acknowledgment and acceptance of these Terms and Conditions of Use; b) payment for the access granted; and c) not sharing the access granted with any other person or entity.
If you violate or if we have grounds to suspect that you violated our guidelines set forth in these Terms and Conditions of Use and/or other use parameters included on the Website, we may suspend or terminate your account and refuse use of the Services (or any portion thereof).
TGS also reserves the right, in its sole discretion, to terminate your access to the Website and Services or any portion thereof at any time, without cause and/or without notice.
In the event that a user fails to pay for the access granted, or shares the access granted with any person or entity, or misuses the system by any means actionable under a federal, state, or local statute, code, regulation, law, or civil action, TGS will consider the user’s access as having been acquired by fraud or misrepresentation and will terminate the user’s access. In such a case, TGS retains the right to seek civil or criminal redress, the entire cost of which shall be borne solely by the user.
Refund of Charges
Except as specifically set forth in this section, all Subscription Services are prepaid. To cancel a current subscription and request a refund for the unused portion, call 1-800-798-4653.
Disclosure and Removal of Information
Consent to Electronic Communications and Solicitation
By registering with TGS, you understand that we may send you communications from TGS including but not limited to: (i) notices about your use of the Services, including any notices concerning violations of use: (ii) updates: and (iii) promotional information and materials regarding the Products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.
Third Party Content, Sites And Services
The Website may contain links to other Internet sites, resources and/or sponsors of the Website. We do not verify, warrant, endorse or take responsibility for the availability, accuracy, completeness or quality of the content contained in these outside sites. TGS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TGS of the site or any association with its operators.
The Services and Products may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Services.
We may assign, transfer, novate or subcontract any or all of our rights and obligations under these Terms and Conditions of Use at any time.
Modifications to the Terms and Conditions
We may alter these Terms and Conditions of Use from time to time and post the new version on our Website, following which all use of the Website, Services and Products will be governed by that version. You must check the Terms and Conditions of Use on the Website regularly.