SilverExchange.com Terms and Conditions
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our directory or other website services, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register or submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 13 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 13 years of age.
2. Copyright notice
2.1 Copyright © 2011 – 2015 SilverExchange.com – All Rights Reserved
(This document was created using a Contractology template available at http://www.freenetlaw.com.)
2.2 Ownership of copyright: The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by SilverExchange.com and its licensors.
2.3 Copyright license: SilverExchange.com grants to you a worldwide non-exclusive royalty-free revocable license to:
- view this website and the material on this website on a computer or mobile device via a web browser;
- copy and store this website and the material on this website in your web browser cache memory; and
- print pages from this website for your own personal and non-commercial use.
SilverExchange.com does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without SilverExchange.com’s prior written permission.
2.4 Data mining: The automated and/or systematic collection of data from this website is prohibited.
2.5 Permissions: You may request permission to use the copyright materials on this website by writing to [email protected]
2.6 Enforcement of copyright: SilverExchange.com takes the protection of its copyright very seriously. If SilverExchange.com discovers that you have used its copyright materials in contravention of the license above, SilverExchange.com may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of SilverExchange.com’s copyright materials that contravenes or may contravene the license above, please report this by email to [email protected]
2.7 Infringing material: It is not our intent to infringe on another’s copyright. We reserve the right to fair use. If you become aware of any material on the website that you believe infringes your or any other person’s copyright, please report this by email to [email protected]
2.8 Notwithstanding section 2, you may redistribute our newsletter in print and electronic form, without alteration, to any person.
2.9 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
3. Reserved —
4. Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance,availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful,or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity including without limitation email marketing, SMS marketing,telemarketing and direct mailing.
4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete andnot in any way misleading.
5. Use on behalf of an organization or business
5.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organizational project, to these terms and conditions, and in these circumstances references to
“you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity.
6. Registration and accounts
6.1 To be eligible for an individual account on our website under this Section 6, you must be at least 13 years of age. To be eligible for any pay services on our website, you must be at least 18 years old.
6.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you. This registration is required to use some of our services like directory listings, reviewing businesses or listings, our leaving certain types of feedback. Registration is also required of those contributing content and commentary to SilverExchange.com
6.3You must notify us in writing immediately if you become aware of any unauthorized use of your account.
6.4 You must not use any other person’s account to access the website.
7. User IDs and passwords – Reserved —
8. Cancellation and suspension of account
8.1 You may cancel your account at any time, in writing.
8.2 Your account may be suspended or cancelled by SilverExchange.com at any time at SilverExchange’s sole discretion to protect the functionality, integrity, security, data, or safety of our business, website, members, subscribers, or users. Your account can be cancelled or suspended by SilverExchange.com at any time should you violate any of these terms or conditions. If your account is cancelled for a violation of the terms and conditions of SilverExchange.com, any fees you may have paid will be forfeit.
9.1 We welcome submissions to the directory published on our website.
9.2 Each submission to our directory must be a listing relating to precious metals mining, production, sales, investment or utilization. We will ONLY accept listings from coin shops, precious metals dealers, jewelry stores, and other entities as outlined in our listing categories. You may have a great website or business, but this is all we want right now.
9.3 For the avoidance of doubt, your directory submissions constitute “your content” for the purposes of Section 13, and must comply with the acceptable use rules set out in Section 4.
9.4 For the benefit of the community of users on SilverExchange.com, you agree to keep your directory submissions up to date using our website interface.
10. Paid directory listings
10.1You may submit a paid listing to our directory by following this process:
A. Clicking on the Add Directory Listing Link or if a listing exists for your business, clicking on the Claim Listing Link
B. Choosing you listing plan and filling out the submission form completely.
C. Paying for the services you have requested.
D. Following all instructions on the pages in the listing process, including where required, registering for an account on SilverExchange.com
10.2 If we accept a paid directory submission, it will remain published on our website for the period of time you have purchased according to the listing plan you have selected subject to termination or deletion in accordance with these terms and conditions.
10.5 We may delete a paid directory listing at any time, providing that if we delete a paid listing in accordance with this Section 10.5 before the end of
the period in respect of which listing fees have been paid, we will refund to you a prorated portion of those listing fees reflecting the unexpired listing period, such amount to be calculated by us using any reasonable methodology, UNLESS, the deletion occurred because of a violation of the terms of this agreement, in which case your prepaid fees will not be refunded. Otherwise, there are no refunds.
11. Prohibited directory submissions
11.1 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject or delete directory submissions that breach these terms and conditions, or that do not meet the additional guidelines for submissions published on our website.
11.2 If we reject or delete a directory submission in accordance with this Section11, we will not refund any applicable charges.
12.1 The fees in respect of our website services will be as set out on the website from time to time.
12.2 You agree to pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.
12.3 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
12.4 From time to time, fees for recurring services may change. You will be given an opportunity to renew your service at the new rate, or downgrade your service prior to being charged a rate that is different than the previous rate for the same product.
12.5 From time to time we may retire or change products to serve our customers better and will let you know well in advance what your options for continuing service are prior to the change.
12.6 If you dispute any payment made to us, you agree to contact us immediately, prior to contacting the payment processor like PayPal, Stripe, or your credit card company, and provide full details of your claim.
12.7 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written
request: (a) an amount equal to the amount of the charge-back; (b)all third party expenses incurred by us in relation to the charge-back, including charges made by our or
your bank or payment processor or card issuer; (d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 12.6 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 12.6.
12.8 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
13. Your content: license
13.1 In these terms and conditions, “your content” means all works and materials including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
13.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
13.3 You grant to us the right to sub-license the rights licensed under Section 13.2.
13.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 13.2.
13.6 You may edit your content to the extent permitted using the editing functionality made available on our website, and in keeping with the terms and conditions thereof.
13.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
14.Report abuse: If you suspect abuse of any of these terms or conditions, please contact [email protected]
15. Limited warranties: SilverExchange.com does not provide any warranty as to the accuracy its content or fitness of its content or services for any particular use. Use at your own discretion. SilverExchange.com is for entertainment only and does not provide any investment nor medical advice of any kind whatsoever.
16.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute ) incurred or suffered by us and arising directly or indirectly out of:
(a)any breach by you of any provision of these terms and conditions; or
(b)your use of our website.
17. Breaches of these terms and conditions
17.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
17.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
18.1 SilverExchange, SilverExchange.com and any related marks, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
18.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
19.1 We may revise these terms and conditions from time to time.
19.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. / We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
19.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
20.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
20.2You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
21.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
21.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
22.1 These terms and conditions, together with [our privacy and disclosure policy], shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our
23. This agreement shall be governed by the laws of the State of California.