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User agreement

 

BullionSharks.com- Terms of Use

Welcome to BullionSharks.com which is provided to You (“You” or “Your”) by Bullion Shark, LLC (“Bullion Shark”). The following Terms of Use govern Your access to and use of the BullionSharks.com website (the “Website”) and the services offered by Bullion Shark through the Website (the “Services”). The Website and Services enable persons to buy and sell bullion and precious metal coins. These Terms of Use also govern Your access to and use of and the Website’s content, including its text, layout, images and graphics and the selection and arrangement thereof (collectively, “Content”) available on or through the Website. The words “User,” “You” and “Your” as used in this Agreement refer to users of the Website and other
persons who access the Website. Please review the following disclosures and terms that govern Your use of the Website (the "Agreement"). The Website is owned and/or operated by Bullion Shark. As used in this Agreement, the words “we,” “us,” and “our” refer to Bullion Shark. Your use of the Website constitutes Your Agreement and acceptance without change of these terms and conditions. In addition, as a condition of Your use of the Website, You represent and warrant to Bullion Shark that You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. If You do not agree and accept these terms and conditions, Your use of the Website is prohibited. Other than this Agreement, Bullion Shark will not enter into any Agreement with You or have any obligation to You through the Website and no attempt to create such an Agreement will be effective. BY ACCESSING, BROWSING OR USING THE WEBSITE AND/OR THE SERVICES, YOU ACKNOWLEDGE THAT:
1. YOU ARE AT LEAST 18 YEARS OLD AND HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS TERMS OF USE;
2. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE;
3. THESE TERMS OF USE ARE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU AND BULLION SHARK; AND
4. IF ACCESSING, BROWSING OR USING THE WEBSITE ON BEHALF OF AN ENTITY, YOU HAVE FULL AUTHORITY TO BIND YOUR ENTITY TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE ACKNOWLEDGEMENT SET FORTH IN PARAGRAPHS 1-4 ABOVE, THEN DO NOT BROWSE OR USE THE WEBSITE. MOREOVER, BULLION SHARK DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THE WEBSITE OR THE SERVICES WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT.

LICENSE

You agree by accessing, browsing or otherwise using the Website, the Website and the Content are and remain the sole property of Bullion Shark or third-party providers, as applicable. Except as expressly permitted by Bullion Shark in writing, You agree that Your license to access, browse and/or use the Website and the Content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view the Website and the Content, and (ii) copy, download and store the Content (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content solely for Your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that
You download, create, generate, store and/or print, You will reproduce and include all copyright and other proprietary notices included in such Content. Except as expressly permitted by Bullion Shark in these Terms of Use or otherwise in writing, You will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of this the Website or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic. Further, You shall not use any keywords, metatags, meta elements, “hidden text” or other equivalents using the names “Bullion Shark” or any other colorable equivalent without the prior written authorization of Bullion Shark.


USE OF THE WEBSITE

Without limiting anything else contained in this Agreement, You agree and acknowledge that: 

The Content, Submissions, databases used to store the Content and Submissions (“Databases”) and any other information contained therein are valuable intellectual property owned by or licensed to Bullion Shark, and that no proprietary rights therein are being transferred to You by these Terms of Use; and that You will not, directly or indirectly:

1. Use any of the Content, Submissions, Databases and any other information contained therein for any purposes other than Your personal, non-commercial use;
2. Use the Content, Submissions, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
3. Use the Content, Submissions, Databases and any other information contained
therein in violation of any applicable laws or regulations,
4. Publish or distribute in any medium Content, Submissions, Databases and any other information contained therein, and/or summaries or subsets thereof to any person or entity;
5. Access or attempt to access any other user’s account;
6. Obtain or ascertain or attempt to obtain or ascertain any other user’s user name, password and/or personal information by any means whatsoever;
7. Elude or attempt to elude the Website’ security systems;
8. Attempt to gain access or gain access to the Website in a fraudulent manner;
9. Use the Website for any purposes other than those intended by Bullion Shark, as determined by Bullion Shark in its sole discretion; or
10. Upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment. 

You specifically acknowledge and agree that any and all misappropriation or misuse of the Content, Submissions, Databases and any other information contained therein will cause irreparable harm to Bullion Shark and that in such event money damages will not constitute sufficient compensation to Bullion Shark; consequently, in the event that You, directly or indirectly, misappropriate or misuse the Content, Submissions and any other information contained therein, You specifically consent to Bullion Shark obtaining injunctive relief against You in addition to any other legal or financial remedies to which Bullion Shark may be entitled. Bullion Shark reserves the right to modify and/or discontinue the Website at any time, for any reason and without notice, and to terminate Your password and account should You be in violation of these Terms of Use, including but not limited to the provisions of this section
entitled “Use of the Website.”

NOTICE OF ENFORCEMENT

Bullion Shark vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, Bullion Shark will prosecute any unauthorized use or reproduction of any of the Content, Submissions and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.

REGISTRATION AND ACCOUNT CREATION

Bullion Shark may at times require that You register and/or set up an account to use certain portions of the Website, or the Website as a whole. In order to do so, You may be provided, or required to choose and/or provide a password, user ID, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by You is accurate and up-to-date. If any of Your Registration Information changes, You must update it by editing Your Registration Information on the Website.

USE OF USER ID/PASSWORD

If You register and/or set up an account on the Website, You will be solely responsible for maintaining the confidentiality of Your Registration Information. You may not authorize others to use the Website, and You are responsible for all use by You and those You allow to use the Website. You may not sub-license, transfer, sell or assign Your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement. You are solely responsible for all usage or activity on Your account including, but not limited to, use of the account by any person who uses Your Registration Information, with or without
authorization. We reserve the right to refuse service and/or terminate accounts without prior notice if You violate these Terms of Use or if We decide, in our sole discretion, that it would be in Bullion Shark’s best interests to do so.

LINKS

At certain places on the Website, live hypertext links to other Internet websites can be accessed. Such other Websites contain information created, published, maintained, or otherwise posted by organizations not related to and otherwise independent of Bullion Shark. Bullion Shark does not endorse, approve, certify, maintain, or control these other Website and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Bullion Shark provides the links only as a convenience. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness as well as those Website’ respective terms of use and privacy polices. Neither the inclusion of the link on the Website nor reference on the linked Website to any product, process, or service by name, trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or referral by Bullion Shark. You acknowledge and agree that Bullion Shark shall not be liable for any damages or injury resulting or arising from the content of or access to such other Website. There may be circumstances where access to the Website is provided by a hypertext link located at another website. Bullion Shark has no responsibility for the content of such other website, Bullion Shark does not make any representations or give any warranties or conditions with respect to any information contained in or at such other website and You acknowledge and agree that Bullion Shark shall not be liable for any damages or injury resulting or arising from the content of or access to such other website. Bullion Shark does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to the Website. Unless approved in writing in advance by Bullion Shark, You agree not to: (i) provide or create a link to the Website; or (ii) create any frames at any other sites pertaining to any of the Content located at the
Website. You also agree not to post any materials at the Website without the express written
permission of Bullion Shark.

SECURITY

We have extensive security measures in place to protect the loss, misuse and alteration of the information stored in our database. We will exercise reasonable care in providing secure transmission of information between Your computer and our servers, but given that no information transmitted over the Internet can be guaranteed 100% secure, we cannot ensure or warrant the security of any information transmitted to us over the Internet and hence accept no liability for any unintentional disclosure.

EXPORT COMPLIANCE

Each product that Bullion Shark sells is subject to all United States export laws. Therefore, no products may be exported or re-exported into, or to a national or resident of any country to which the United States has embargoed goods. Additionally, no products may be exported or reexported to anyone on the United States Treasury Department’s list of specially designated nationals or the United States Commerce Department’s Table of Denial Orders.

INTELLECTUAL PROPERTY

All right, title and interest in and to the Website and the Content and all intellectual property rights embodied therein, are the property of Bullion Shark or its licensors or suppliers. The Website and the Content contained and referenced therein are for informational purposes only.
Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided by these Terms of Use or by Bullion Shark’s express authorization. “Bullion Shark” is a trademark owned by Bullion Shark. All other trademarks, service marks, domain names, logos, and company names (collectively “Other Trademarks”) displayed or referred to on the Website are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Bullion Shark or their respective owners. Except as provided in these Terms of Use, Bullion Shark does not grant You any rights in or to the Bullion Shark trademark or the Other Trademarks. You agree that You shall not use the Bullion Shark trademark or the Other Trademarks in any manner inconsistent with the provisions of these Terms of Use, without the prior written authorization of Bullion Shark or the respective owners of the Other Trademarks as the case may be.

SUBMISSIONS

You acknowledge and agree that by submitting remarks, comments, suggestions, ideas, graphics, feedback, edits, concepts, comments, photographs, illustrations and other materials (other than information given in connection with Your registration) to Bullion Shark through the Website (individually and collectively, “Submissions”), You (i) grant Bullion Shark a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created without attribution; (ii) grant Bullion Shark the right to pursue at law any person or entity that violates Your and/or Bullion Shark’s rights in Your Submissions; and (iii) forever waive any and all of Your rights, including but not limited to moral rights, if any, in and to Your Submissions, including, without limitation, any all rights or requirements of attribution or identification of You as the author of the Submission or any derivative thereof. You further acknowledge and agree that Your Submissions are non-confidential and do not contain proprietary information. Except as described in Bullion Shark’s Privacy Policy, Bullion Shark will not be required to treat any Submissions as confidential, and You acknowledge and agree that Bullion Shark may use in connection with its business any of the concepts and ideas contained in Your Submissions (including, without limitation, product or advertising ideas) without compensation to You and Bullion Shark will not incur any liability to You as a result of any similarities between concepts and ideas contained in Your Submission and future Bullion Shark operations and business. Except as otherwise set forth in these Terms of Use, Bullion Shark will be entitled to use the
Submissions for any commercial or other purpose whatsoever without compensation to You or any other person. Your Submissions, including personally identifiable information contained therein, are made voluntarily and are subject to the Privacy Policy. You are responsible for the content of Your Submissions and agree to defend (at Bullion Shark’s option) and at Your sole expense, indemnify and hold Bullion Shark harmless from any damages, losses, costs, or expenses, including attorneys’ fees, which Bullion Shark may incur as a result of Your Submissions. With respect to Your Submissions, You acknowledge, warrant and agree that:
1. Your Submissions will be true and accurate, are the original work of Your authorship, that You are not employed or otherwise being compensated by the provider of the products or services (if any) that Your Submissions relate to and that You are not impersonating any other person;
2. You have the right to make Your Submissions without violating the copyright, trademark, patent or other intellectual property rights of any person or entity, and the Submissions will not contain any content, personally identifiable information or other information, or materials of any kind that relates or refers to any other person or entity other than the provider of the products, goods or services to which Your Submission relates; and
3. Your Submissions will not violate any law, or in any manner infringe or interfere with the rights of others, including but not limited to the use of names, information, or materials that (a) libel, defame, or invade the privacy of any third party, (b) are obscene or pornographic, (c) are harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (d) constitute personal attacks on other individuals; (e) infringe the intellectual property, trade secret or proprietary rights of any third party; (f) promote criminal or other illegal activity; (g) promote or advertise any
person, product or service or solicit funds; or (f) are deemed confidential by any contract or policy. If notified of an allegation that the Website contains infringing information, materials or other content, Bullion Shark may investigate the allegation and determine in its sole discretion whether
to remove or request the removal of the same from the Website. Notices to Bullion Shark regarding any alleged infringement should be sent to Bullion Shark at email at info@bullionsharks.com or telephone at 516-739-5822.