GoldCleats User Agreement

Welcome to the world of GoldCleats! By using our products and services, you agree to be bound by these terms and conditions. As such, please take a few minutes to read this user agreement before using any of our products or services. If you do not agree with any or all of our user agreement, do not use this website or any of our products or services. Do not sign up.

Note: You are entering into a legally binding Agreement.

Last revised on 01/01/2013

These services and products are owned by GoldCleats Global, Inc., or its licensors, and are protected by the copyright laws of the United States and other relevant international copyright treaty provisions.

1.Introduction

A. Purpose

GoldCleats is a social network that serves as a global communication and recruitment platform for soccer players, coaches, teams, scouts, agents, teams and colleges and universities.

The mission of GoldCleats is to connect soccer players with professionals who will enable them to develop their skills and maximize their chances of getting noticed by coaches, scouts, agents, teams and colleges and universities for potential recruitment. To achieve our mission, we make services available through our website, mobile applications, and developer platform, to help you, your team mates, and millions of other soccer players and professionals meet on-line, exchange ideas, find opportunities and search for talent in a network of trusted relationships and groups.

B. Scope & Intent

When you use GoldCleats, you are entering into a legally binding agreement and you agree to all of its terms. You also agree to the GoldCleats Privacy Policy, which covers how we collect, use, share and store your personal information.

By registering on GoldCleats, or by using our website, including our mobile applications, developer platform, premium services-accounts, or other information provided as part of the GoldCleats services (collectively “GoldCleats” or the “Services” or the “Products”), you are entering into a legally binding agreement with GoldCleats Global, Inc., 249 Bel Ayre Drive, Santa Clara, CA, 95050, USA (if you reside in the United States) and with GoldCleats Global Sports LLC, Defense Road, Salem Bin Kardoos Building, M4, Abu Dhabi, P.O.Box 107078 , UAE (if you reside outside the United States) based on the terms of this GoldCleats User Agreement and the GoldCleats Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”). If you are using GoldCleats on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate Agreement with us. If you do not want to register an account and become a GoldCleats Member, do not enter into this Agreement, do NOT click “Join Now”, or “Sign Up Now”, or “Sign Up” or “Register” or “Register Now” and do not access, view, download or otherwise use any GoldCleats webpage, information or services. By clicking “Join Now” (or “Join GoldCleats” or similar), you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “Join Now,” you also consent to use electronic signatures and acknowledge your click of the “Join Now” button as one. Please note that the GoldCleats User Agreement and Privacy Policy are also collectively referred to as GoldCleats’ “Terms of Service.”

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2.Your Obligations

A. Applicable laws and this Agreement

You will follow all relevant local laws and GoldCleats’ rules. Some Promises you make to us in this Agreement:

You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections.

  • DO’s and DON’Ts; (should link to the bottom of the page section 10)
  • Complaints Regarding Content Posted on the GoldCleats Website; and (should link to the bottom of the page section 11)
  • GoldCleats Privacy Policy

B. License and warranty for your submissions to GoldCleats

You grant us a license to the information you provide us.

You own the information you provide GoldCleats under this Agreement, and may request its deletion/removal at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other Users. Additionally, you grant GoldCleats a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to GoldCleats, including, but not limited to, any User generated content, ideas, concepts, techniques and/or data to the services, you submit to GoldCleats, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your personal information on GoldCleats accurate and updated.

C. Service Eligibility

You are eligible to enter into this contract and you meet our “Minimum Age” requirement. The information you provide is truthful.

To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older if you are based in or are a citizen of the United States; (2) are not currently restricted from the Services, or not otherwise prohibited from having a GoldCleats account, (3) are not a competitor of GoldCleats or are not using the Services for reasons that are in competition with GoldCleats; (4) will only maintain one GoldCleats account at any given time; (5) will use your real name and only provide accurate information to GoldCleats; (6) have full power and authority to enter into this Agreement and doing so will not violate any other Agreement to which you are a party; (7) will not violate any rights of GoldCleats or third party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.

“Minimum Age” means 13 years old for Users who are based in or are citizens of the United States of America. Minors under the “Minimum Age” in the United States of America can still use our services and products by having their parent or legal guardian sign up for a “Minor-Parent” Account.

D. Your Membership

You will keep your password a secret; you will not share an account with anyone else; you will not copy or transfer any part of the Service.

The profile you create and the videos you upload on GoldCleats will become part of GoldCleats and, except for the information that you license to us, is owned by GoldCleats. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use others’ accounts; (4) not sell, trade, or transfer your GoldCleats account to another party; and (5) not charge anyone for access to any portion of GoldCleats, or any information therein. Further, you are responsible for anything that happens through your account until you terminate your account or prove that your account security was compromised due to no fault of your own. To close your account, please visit your account settings “Deactivate”.

E. Indemnification

You will pay us for any losses that you cause.

You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys, fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through GoldCleats.

F. Payment

You will honor your payment obligations and you approve of our storing your payment information. Also there can be fees and taxes that are added to our prices. We do not guarantee refunds.

If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to GoldCleats storing your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. GoldCleats does not support all payment methods, currencies or locations for payment. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your Premium Services from you account settings. GoldCleats does not offer refunds on any fees and charges related to any evaluations you enroll in and complete such as the skill evaluation and match evaluation tests or your premium account- including partially used periods. Also, please note that all of your premium features expire immediately after you cancel your account, so make sure you use all your credits before deciding to cancel. We do not guarantee refunds for lack of use or dissatisfaction. You also acknowledge that GoldCleats’ Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service. If you require a printed invoice for your transaction, you could request one by contacting our Customer Support.

G. Notify us of acts contrary to the Agreement

If you think you have to breach this Agreement you will let us know before.

If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

H. Notifications and Service Messages

The contact information you provide must be accurate or you may not receive important notices. You are okay with us providing you with important notices on the website, mobile apps, or email.

For purposes of service messages and notices about the Services, GoldCleats may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from GoldCleats to an email address associated with your account, even if we have other contact information. You also agree that GoldCleats may communicate with you through your GoldCleats account or through other means including email, mobile number, telephone, or delivery services including the postal service about your GoldCleats account or services associated with GoldCleats. Please review your Account Settings to control what kind of messages you receive from GoldCleats. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.

I. GoldCleats Applications

This Agreement also applies to GoldCleats mobile applications. You also agree to certain additional information can be shared with GoldCleats.

GoldCleats may offer the Services through applications built using GoldCleats’ platform (“GoldCleats Applications”). Examples of GoldCleats Applications include its smart phone applications (GoldCleats for Android, GoldCleats for Blackberry or GoldCleats for iPhone), and GoldCleats “Share” buttons and other interactive plugins distributed on websites across the web. GoldCleats Applications are distinct from third party Platform Applications addressed in Section 4.B. If you use a GoldCleats Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing GoldCleats plugins that load in your browser may be communicated to us. Further, by importing any of your GoldCleats data through the GoldCleats Application, you represent that you have authority to share the transferred data with your mobile carrier or other access providers. In the event you change or deactivate your mobile account, you must promptly update your GoldCleats account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge that you are responsible for all charges and necessary permissions related to accessing GoldCleats through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.

J. User-to-User Communication and Sharing Groups, Answers, Status Updates on the Chatter Board, Company Pages, etc.)

When you share information, others can see, copy and use that information.

GoldCleats offers various forums such as GoldCleats Groups, Video Comments, Answers, Profile, Fans, Evaluation Center and Reports, Instant Messaging, Inbox and Chatter Board Updates, Pick up Games where you can post your observations and comments on designated topics, reply to comments, and comments on videos or organize events. GoldCleats also enables sharing of information by allowing Users to post updates, including links to news articles and other information such as opportunities, product recommendations, and other content to their profile and other parts of the site. GoldCleats, in its sole discretion, may close or transfer or remove content that violates this Agreement or others, intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Members, and GoldCleats cannot guarantee that other Members will not use the ideas and information that you share on GoldCleats. Therefore, if you have an idea or information that you would like to keep confidential or do not want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any GoldCleats forum, feature or service, into your Chatter Board Updates, or elsewhere on GoldCleats. GoldCleats IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON GoldCleats.

K. Privacy

You are okay with us collecting, using, storing, and disclosing information about you in keeping with our Privacy Policy.

You should carefully read our full Privacy Policy before using GoldCleats as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to GoldCleats, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that GoldCleats may process such information, within the terms of the Privacy Policy.

L. Export Control

You will not break export laws.

Your use of GoldCleats services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-User without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.

M. Contributions to GoldCleats

If you provide feedback to GoldCleats, make sure you do not include confidential or infringing materials, and you grant GoldCleats rights to such feedback.

By submitting ideas, suggestions, documents, or proposals (“Contributions”) to GoldCleats through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) GoldCleats is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) GoldCleats shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) GoldCleats may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to GoldCleats rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from GoldCleats under any circumstances.

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3. Your Rights

If you accept and fully abide by this Agreement, we grant you a limited right to use GoldCleats. You will only access and use GoldCleats in the way this Agreement allows you.

On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in this Agreement, we grant you a limited, revocable, nonexclusive, non-assignable, non-sublicenseable license and right to access the Services, through a generally available web browser, mobile device or GoldCleats authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of GoldCleats or its Members), view information and use the Services that we provide on GoldCleats webpages and in accordance with this Agreement. Any other use of GoldCleats contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from GoldCleats commercially unless expressly authorized by GoldCleats) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in GoldCleats and all related items, including any and all copies made of the GoldCleats website.

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4. Our Rights & Obligations

A. Services Availability

We may change or discontinue Services, and in such case, we do not promise to keep showing or storing your information and materials.

For as long as GoldCleats continues to offer the Services, GoldCleats shall provide and seek to update, improve and expand the Services. As a result, we allow you to access GoldCleats as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, deny/refuse access to, suspend or discontinue GoldCleats, partially or entirely, or change and modify prices for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on GoldCleats or by direct communication to you unless otherwise noted. GoldCleats further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by GoldCleats to be contrary to this Agreement. For avoidance of doubt, GoldCleats has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services.

B. Third Party Sites and Developers

Third parties may offer their own products and services through GoldCleats, and we are not responsible for these third-party activities.

GoldCleats may include links to third party web sites (“Third Party Sites”) on www.goldcleats.com and elsewhere. GoldCleats also enables third party developers (“Platform Developers”) to create applications (“Platform Applications”) that provide features and functionality using data and developer tools made available by GoldCleats through its developer platform. You are responsible for evaluating whether you want to access or use a Third Party Site or Platform Application. You should review any applicable terms or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. GoldCleats is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. GoldCleats also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to use Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application. Please note: If you allow an Platform Application or Third Party Site to authenticate you or connect with your GoldCleats account, that application or website can access information on GoldCleats related to you and your connections. For additional information regarding Platform Developers and Platform Applications, please refer to GoldCleats Privacy Policy.

C. Disclosure of User Information

You agree that we can use, store and share information about you as permitted in our Privacy Policy.

You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal sub poenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of GoldCleats, our Members or the public. Disclosures of Member information to third parties other than those required to provide customer support, administer this Agreement, or comply with legal requirements are addressed in the Privacy Policy.

D. Friends and Interactions with other Members

We have the right to limit the connections and interactions on the Service.

You are solely responsible for your interactions with other Members. GoldCleats may limit the number of Friends you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. GoldCleats reserves the right, but has no obligation, to monitor disputes between you and other Members and to restrict, suspend, or close your account if GoldCleats determines, in our sole discretion, that doing so is necessary to enforce this Agreement.

E. Intellectual Property Notices

We are providing you notice about our intellectual property rights.

The Service includes the copyrights and intellectual property rights of GoldCleats and except for the limited license granted to you in this Agreement, GoldCleats reserves all of its intellectual property rights in the Service. GoldCleats, the GoldCleats and other GoldCleats trademarks, service marks, graphics, and logos used in connection with GoldCleats are trademarks or registered trademarks of GoldCleats in the U.S. and/or other countries. Other trademarks and logos used in connection with GoldCleats may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.

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5. Disclaimer

We disclaim any legal liability for the quality, safety or reliability of GoldCleats.

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON GOLDCLEATS OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR GOLDCLEATS AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. GOLDCLEATS DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GOLDCLEATS AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY GOLDCLEATS OR ANYTHING RELATED TO GOLDCLEATS, YOU MAY CLOSE YOUR GOLDCLEATS ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. GOLDCLEATS IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INBOX, INSTANT MESSAGING, POSTING OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH GOLDCLEATS TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. GOLDCLEATS DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, GOLDCLEATS DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. GOLDCLEATS DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. GOLDCLEATS DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, GOLDCLEATS DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE GOLDCLEATS SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

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6. Limitation of Liability

We are trying to limit any legal liability GoldCleats may have to you.

LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither GoldCleats nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“GoldCleats Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any Platform Applications or any of the content or other materials on, accessed through or downloaded from GoldCleats. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:

  • Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
  • Not apply to any damage that GoldCleats may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.
  • Not apply if you have entered into a separate Agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.

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7. Termination

We can each end this Agreement anytime we want.

A. Mutual rights of termination

You may terminate this Agreement, for any or no reason, at any time, with notice to GoldCleats pursuant to Section 9.C. This notice will be effective upon GoldCleats processing your notice. GoldCleats may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only GoldCleats or the party paying for the services may terminate your access to any Premium Services. Termination of your GoldCleats account includes disabling your access to GoldCleats and may also bar you from any future use of GoldCleats.

B. Misuse of the Services

GoldCleats may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes inviting other Members with whom you do not know to connect; abusing the GoldCleats messaging services; creating multiple or false profiles; using the Services commercially without GoldCleats’ authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that GoldCleats, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, GoldCleats has adopted a policy of terminating accounts of Members who, in GoldCleats’ sole discretion, are deemed to be repeat infringers under the United States Copyright Act.

C. Effect of Termination

Upon termination of your GoldCleats account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Sections 4(a) (b) and (d) (“Our Rights and Obligations”).

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8. Dispute Resolution

A. Arbitration

In the event of a dispute between you and GoldCleats, you agree to arbitration as the sole method of dispute resolution.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association or the American Bar Association. The place of arbitration shall be the State of Virginia and Virginia law shall apply. Parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties and (c) judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

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9. General Terms

Important details about how to read this Agreement.

A. Severability

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

B. Language

Where GoldCleats has provided you with a translation of the English language version of this Agreement, the Privacy Policy, or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with GoldCleats.

C. Notices and Service of Process

In addition to Section 2.h. (“Notices and Service Messages”), we may notify you via postings on www.GoldCleats.com. You may contact us here. Or via mail or courier at: GoldCleats Global, Inc. ATTN: Legal Department 249 Bel Ayre Drive, Santa Clara, CA, 95050, USA. Additionally, GoldCleats accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.

D. Entire Agreement

You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and GoldCleats regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other GoldCleats services, third-party content or third party software.

E. Amendments to this Agreement

We reserve the right to modify, supplement or replace the terms of this Agreement, effective upon posting at www.GoldCleats.com or notifying you otherwise. For example, we may present a banner on the Services when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 7 (Termination).

F. No informal waivers, agreements or representations

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any GoldCleats Affiliate shall be deemed legally binding on any GoldCleats Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of GoldCleats.
You waive your rights to try to stop GoldCleats, but we do not waive our rights to stop your actions.

G. No Injunctive Relief

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

H. Beneficiaries

Entities other than GoldCleats Global, Inc. and GoldCleats Global Sports LLC Abu Dhabi, that GoldCleats Global, Inc. owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce this Agreement directly against you. You cannot assign your rights under this agreement, but we retain the right to do so.

I. Assignment and Delegation

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, GoldCleats Global, Inc. for any third party that assumes our rights and obligations under this Agreement.

J. Other Rights and Obligations

You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.

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10. GoldCleats “DO’s” and “DON’Ts.”

As a condition to access/use GoldCleats, you agree to this User Agreement and to strictly observe the following DO’s and DON’Ts:

Here is a list of some of the specific things we ask you to do and not do on GoldCleats. If you want a high-level summary of these, please check out our Professional Community Guidelines.

A. Do undertake the following:

  1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
  2. Provide accurate information to us and update it as necessary;
  3. Review and comply with our Privacy Policy;
  4. Review and comply with notices sent by GoldCleats concerning the Services;
  5. Use the Services in a professional manner; and
  6. Use your real name on your profile.

B. Don’t undertake the following:

  1. Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to GoldCleats;
  2. Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
  3. Create a Member profile for anyone other than a natural person;
  4. Harass, abuse or harm another person, including sending unwelcomed communications to others using GoldCleats;
  5. Invite people you do not know to join your network;
  6. Upload a profile image that is not your likeness or a head-shot photo;
  7. Upload a video that is not yours
  8. Edit or cut video submitted for evaluation purposes
  9. Edit or cut video to show superiority of skill. This is cheating
  10. Use or attempt to use another’s account or create a false identity on GoldCleats;
  11. Upload, post, email, Inbox, transmit or otherwise make available or initiate any content that:
    1. Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or misrepresents your affiliations with a person or entity, past or present;
    2. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
    3. Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by GoldCleats);
    4. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    5. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
    6. Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters”,”pyramid schemes”, or any other form of solicitation. This prohibition includes but is not limited to (a) using GoldCleats invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using GoldCleats to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
    7. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of GoldCleats or any User of GoldCleats;
    8. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or
    9. Even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution.
  12. Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices;
  13. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on GoldCleats (excluding content posted by you) except as permitted in this Agreement, GoldCleats’ developer terms and policies, or as expressly authorized by GoldCleats;
  14. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
  15. Utilize or copy information, content or any data you view on or obtain from GoldCleats to provide any service that is competitive, in GoldCleats’ sole discretion, with GoldCleats;
  16. Imply or state, directly or indirectly, that you are affiliated with or endorsed by GoldCleats unless you have entered into a written agreement with GoldCleats (this includes, but is not limited to, representing yourself as an accredited GoldCleats Coach or trainer if you have not been certified by GoldCleats as such);
  17. Adapt, modify or create derivative works based on GoldCleats or technology underlying the Services, or other Members, content, in whole or part, except as permitted under GoldCleats’ developer program;
  18. Rent, lease, loan, trade, sell/re-sell access to GoldCleats or any information therein, or the equivalent, in whole or part;
  19. Sell, sponsor, or otherwise monetize a GoldCleats Group or any other service or functionality of GoldCleats, without the express written permission of GoldCleats;
  20. Deep-link to the Site for any purpose, (i.e. creating or posting a link to a GoldCleats web page other than GoldCleats’ home page) unless expressly authorized in writing by GoldCleats or for the purpose of promoting your profile or a Group on GoldCleats as set forth in the Brand Guidelines;
  21. Remove any copyright, trademark or other proprietary rights notices contained in or on GoldCleats, including those of both GoldCleats and any of its licensors;
  22. Remove, cover or otherwise obscure any form of advertisement included on GoldCleats;
  23. Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from GoldCleats except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
  24. Share information of non- Members without their express consent;
  25. Infringe or use GoldCleats’ brand, logos or trademarks, including, without limitation, using the word “GoldCleats” in any business name, email, or URL or including GoldCleats’ trademarks and logos except as provided in the Brand Guidelines or as expressly permitted by GoldCleats;
  26. Use manual or automated software, devices, scripts robots, other means or processes to access,”scrape”, “crawl” or “spider” any web pages or other services contained in the site;
  27. Use bots or other automated methods to access GoldCleats, add or download contacts, send or redirect messages, or perform other similar activities through GoldCleats, unless explicitly permitted by GoldCleats;
  28. Access, via automated or manual means or processes, GoldCleats for purposes of monitoring GoldCleats’ availability, performance or functionality for any competitive purpose;
  29. Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of GoldCleats’ website;
  30. Attempt to or actually access GoldCleats by any means other than through the interfaces provided by GoldCleats such as its mobile application or by navigating to www.GoldCleats.com using a web browser. This prohibition includes accessing or attempting to access GoldCleats using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including GoldCleats;
  31. Attempt to or actually override any security component included in or underlying GoldCleats;
  32. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on GoldCleats’ infrastructure, including, but not limited to, sending unsolicited communications to other Members or GoldCleats personnel, attempting to gain unauthorized access to GoldCleats, or transmitting or activating computer viruses through or on GoldCleats; and/or
  33. Interfere or disrupt or game GoldCleats or the Services, including, but not limited to, any servers or networks connected to GoldCleats, or GoldCleats’ search algorithms.

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11. Complaints Regarding Content Posted on the GoldCleats Website

If you think someone has stolen or misused your intellectual property on GoldCleats, please refer to our Copyright Policy.

We built GoldCleats to help develop your skill and get noticed by recruiters. To achieving this purpose, we encourage our Members to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, GoldCleats provides a process for submission of complaints concerning content posted by our Members. Our policy and procedures can be found here: GoldCleats Copyright Policy Claims regarding Copyright Infringement Claims regarding content (other than copyright).

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