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USER AGREEMENT

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 GouldGaming is about celebrating creativity. We encourage you to be  involved in every aspect of display art, give feedback,  write reviews, participate in forums, team up with other members to  collaborate on projects, and talk to each other.To make this online destination for creativity available, it is  essential all GouldGaming users respect the intellectual property rights  of others, including copyright and trademarks. You must only upload  content you have created yourself and have permission to use and  authorize others to use. If you are a customer or browser, please  respect the copyright and trademarks of all the works you see or buy on GouldGaming. Respecting other people’s intellectual property is an  essential principle of GouldGaming community.Displaying your work on GouldGaming puts it out there for the world to  see. You need to be aware that publishing your work in this way attracts  legal responsibilities. It is up to you to make sure you are not  breaking any laws by publishing your work through GouldGaming.Respect each other and respect the art you find here and you’ll help make GouldGaming an inspiring and enjoyable community.
 

It is important you read the agreement below. Using this website means  you accept this agreement. If you do not agree with its terms, do not  use this website.
 

Legal Agreement


All visitors (“user”, “you”, “your”) to the GouldGaming website at  www.GouldGaming.com (“the website”) are entering a binding legal agreement  on the following terms (the “agreement”) when using the website. The  agreement is between the user and either or both of GouldGaming Ltd and use of this website indicates  continued acceptance of this agreement.


Eligibility


Our services are available only to, and may only be used by,  individuals who can form legally binding contracts under applicable law.  Our services are not available to persons under 16 years of age.


Amendment to this agreement


We may amend the terms of this agreement from time to time, and we  will let you know about these changes either by sending you an email to  the email address you have registered with GouldGaming or by displaying  information about the changes on our home page, or both. Either way,  your continuing use of the website will be taken to be acceptance of the  new terms.


Our service


GouldGaming provides a range of services (the “GouldGaming service”)  which, amongst other things, enable you to publish, sell, discuss and  purchase art; interact with other members; and receive the benefits of  GouldGaming's facilitation of product fulfillment, including payment  processing, customer services, third party product manufacturing.  In  addition, GouldGaming will arrange for the deliver of the physical product  to your customer.The digital content on the website (“your content”) may be  information, text, data, graphics,images, photographs, sound, video,  music or any other material posted online by users.  Any content that  you upload into the portfolio section of your account is described as  your “art”. Your art may be viewed by all users of the website once you  elect to publish it. You may order a physical product based on your own  art or you may offer your art for sale as part of the sale of a physical  product. 


Putting content on the GouldGaming site


You keep the copyright in any content you submit or upload to the  website.  In order to receive the GouldGaming services you grant GouldGaming  a non-exclusive royalty free license to use and archive the content in  accordance with or as reasonably contemplated by this agreement.When you submit or upload content on the website you represent and warrant that:

  • you own all copyright in the content, or if you are not the owner,  that you have permission to use the content, and that you have all of  the rights required to display, reproduce and sell the content;
  • the content you upload will not infringe the intellectual property  rights or other rights of any person or entity, including copyright,  moral rights, trade mark, patent or rights of privacy or publicity;
  • your use of the website will comply with all applicable law, rules and regulations;
  • the content does not contain material that defames or vilifies any  person, people, races, religion or religious group and is not obscene,  pornographic, indecent, harassing, threatening, harmful, invasive of  privacy or publicity rights, abusive, inflammatory or otherwise  objectionable;
  • the content does not include malicious code, including but not  limited to viruses, trojan horses, worms, time bombs, cancelbots, or any  other computer programming routines that may damage, interfere with,  surreptitiously intercept, or expropriate any system, program, data, or  personal information; and
  • the content is not misleading and deceptive and does not offer or  disseminate fraudulent goods, services, schemes, or promotions.

GouldGaming reserves the right to review and if in its sole discretion  deemed necessary, remove any content from the website and / or cancel  your account, because that content breaches your agreement with us and /  or any applicable laws, or otherwise.  You agree to indemnify GouldGaming  in respect of any direct or indirect damage caused due to your breach  of one or more of these warranties.


Offering your art for sale on a physical product


Any member may offer their art for sale on a physical product on the  website by appointing GouldGaming to facilitate the transaction on the  terms set out in the Services Agreement in Appendix A. By agreeing to  the terms of this user agreement you expressly agree to the terms of the  Services Agreement in Appendix A, which will apply from the date on  which you offer your first art for sale on a physical product and your  continued use of the website will constitute ongoing agreement to the  terms therein as updated from time to time.


Purchasing a Product on GouldGaming


Users can purchase products on the GouldGaming website using a valid credit card or the PayPal system.You do not have to be a member to purchase a product.The price you pay is fixed at the time of ordering.You may not cancel an order once it has been submitted.It is the customer’s responsibility to ensure the product delivery  address is correct. GouldGaming takes no responsibility for any product a  customer does not receive because of errors in the delivery address  given to us.We do not warrant, endorse, make representations about or recommend any content or art offered or provided by any member.


You Instruct GouldGaming to cancel incorrect orders


You acknowledge that despite our reasonable precautions, products may  be listed at an incorrect price or with incorrect information or may be  unavailable. This may be due to an error or similar oversight. You  acknowledge that we cannot facilitate an order where such an error  exists and hereby instruct us to cancel such an order and take other  action as required.You authorize us to cancel an order if we believe that it is being  made in contravention of this agreement, or in contravention of the  rights of any person or any law. We may cancel an order even if it has  been confirmed and the customer’s credit card or PayPal account has been  charged. We reserve this right up until the time of delivery of the  product to that customer. If a cancellation of this nature occurs after  the customer has been charged for the product, we will credit the  customer’s credit card or PayPal account for the amount in question.


Delivery


Delivery will be facilitated pursuant to the customer's instructions  by postal or courier service and will be paid for by the customer at the  price indicated at the time of purchase. GouldGaming will charge shipping  charges to the customer which will vary depending upon the size and  price of the product.


Damaged Goods


If a product is delivered to a customer, whether in electronic or  printed format, that is electronically or physically damaged in some way  (for example, a file does not download, a framed print has cracked, or  there are loose or torn pages in a book) GouldGaming will happily issue a replacement copy of the product  after receiving reasonable proof of that damage.If you receive a damaged product, then you must email GouldGaming customer service within 14 days of receipt to tell us about the nature  of the damage and to arrange for a new product to be sent to you at no  cost to you.Please be aware that publishing to the website is creator-controlled  and we do not screen all of the content on our website. It is the  customer’s responsibility to verify the quality of the content  (including but not limited to misspelled words, grammatical errors,  formatting, design or overall appearance) before ordering a product.  This damaged goods policy does not apply to content, only to the  physical product.


Excess Inventory


You grant GouldGaming permission to dispose of any inventory that  becomes excess as a result of refund, reprint, fraud, product sampling  or promotional activities, in any manner we see fit.


Reporting inappropriate content to GouldGaming


GouldGaming does not manually screen content before it is displayed on  the website so occasionally members may inadvertently or deliberately  submit and display content that breaches this agreement.Inappropriate content includes, but is not limited to, content that  infringes the copyright or other intellectual property rights of any  person or company, or that defames or vilifies any person, people,  races, religion or religious group, is obscene, pornographic, indecent,  harassing, threatening, harmful, invasive of privacy or publicity  rights, abusive, inflammatory or otherwise objectionable.  GouldGaming  reserves the right (but not the obligation) to remove or edit such  content, but does not regularly review posted content.Please help us by letting us know straight away about any  inappropriate, or potentially inappropriate, content you see on the  website.  You can do this by clicking the "Inappropriate Content" link  that will be displayed beside each piece of art.  If you believe your  copyright or other intellectual property rights are being infringed, you  are able to make a formal complaint by using the processes described in  our policy.


Specific warnings


You must ensure that your access to this website and the GouldGaming service is not illegal or prohibited by laws that apply to you.You must take your own precautions to ensure that the process that  you employ for accessing this website and the GouldGaming service does not  expose you to the risk of viruses, malicious computer code or other  forms of interference which may damage own computer system. We do not  accept responsibility for any interference or damage to any computer  system that arises in connection with your use of this website or any  linked website.We do not accept liability for any losses arising directly or  indirectly from a failure to provide the GouldGaming service, corruption  to or loss of data, errors or interruptions, any suspension or  discontinuance of the GouldGaming service, or any transmissions by others  in contravention of the registered members’ obligations as set out in  this agreement.You acknowledge that we may not be able to confirm the identity of  other registered members or prevent them acting under false pretenses or  in a manner that infringes the rights of any person.


Intellectual Property Rights and license


By submitting listings to GouldGaming, you grant GouldGaming a  non-exclusive, worldwide, royalty-free, sublicense able and transferable  license to use, reproduce, distribute, prepare derivative works of and  display the content of such listings in connection with GouldGaming's (and  its successors' and affiliates') services and business in facilitating  the sale of your product, including without limitation for promoting and  redistributing part or all of the GouldGaming site (and derivative works  thereof) in any media formats and through any media channels. You also  hereby grant each user of the GouldGaming site a non-exclusive license to  access your content through the site, and to use, reproduce, distribute,  and display such content as permitted through the functionality of the  site and under this User Agreement. The above licenses terminate within a  commercially reasonable time after you remove or delete your listings  from the GouldGaming site. The above licenses granted by you in user  comments you submit, are perpetual and irrevocable.All intellectual property rights in this website and the GouldGaming  service (including the software and systems underlying the GouldGaming  service, and text, graphics, logos, icons, sound recordings and  software) are owned by or licensed to us. Other than for the purposes  of, and subject to the conditions prescribed under relevant Copyright  and Trade Mark legislation throughout the world, and except as expressly  authorized by this agreement, you may not in any form or by any means:

  • use, adapt, reproduce, store, distribute, print, display, perform,  publish or create derivative works from any part of this website; or
  • commercialize any information, products or services obtained from any part of this website,

without our written permission.If you use any of our trade marks in reference to our activities,  products or services, you must include a statement attributing that  trade mark to us. You must not use any of our trade marks in or as the  whole or part of your own trade marks; in connection with activities,  products or services which are not ours; in a manner which may be  confusing, misleading or deceptive; or in a manner that disparages us or  our information, products or services (including this website).


Reviews


This website incorporates a user review tool that enables you to  review the services provided by GouldGaming, or review your art or your  products offered for sale.  


Linked websites


This website may contain links to other websites (“linked websites”).  Those links are provided for convenience only and may not remain  current or be maintained.We are not responsible for the content or privacy practices associated with linked websites.Our links with linked websites should not be construed as an  endorsement, approval or recommendation by us of the owners or operators  of those linked websites, or of any information, graphics, materials,  products or services referred to or contained on those linked websites,  unless and to the extent stipulated to the contrary.


Disclaimer


We do not represent or guarantee that the GouldGaming service or this  website, or any other website that is accessible using a hyperlink from  this website will be free from errors or viruses. We do not represent or  guarantee that access to the GouldGaming service or these websites will  be uninterrupted.You acknowledge that the GouldGaming service or this website may be  affected by outages, faults or delays. Such outages, faults or delays  may be caused by factors, including technical difficulties with the  performance or operation of our or another person’s software, equipment  or systems, traffic or technical difficulties with the Internet or  infrastructure failures.We do not warrant that any members’ uploads to this website will be  protected against loss, or misuse or alteration by third parties. We do  not warrant that all uploaded content will be available on our website.  If we elect in our sole discretion to make available content on our  website, we do not warrant that it will be available within a certain  time frame.We do not accept responsibility for any loss or damage, however  caused (including through negligence), that you may directly or  indirectly suffer in connection with your use of this website or any  linked website, nor do we accept any responsibility for any such loss  arising out of your use of or reliance on information contained on or  accessed through this website.To the extent permitted by law, any condition or warranty that would  otherwise be implied into these terms and conditions is hereby excluded.  Where legislation implies any condition or warranty, and that  legislation prohibits us from excluding or modifying the application of,  or our liability under, any such condition or warranty, that condition  or warranty will be deemed included but our liability will be limited  for a breach of that condition or warranty to one or more of the  following, which we may offer as a gesture of goodwill:

  1. if the breach relates to goods:     
    • the replacement of the goods or the supply of equivalent goods;
    • the repair of such goods;
    • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
    • the payment of the cost of having the goods repaired; and

  1. if the breach relates to services:     
    • the supplying of the services again; or
    • the payment of the cost of having the services supplied again

    This disclaimer set out in these terms and conditions does not  attempt or purport to exclude liability arising under statute if, and to  the extent, such liability cannot be lawfully excluded.


Indemnity


You agree to indemnify, defend and hold us, our officers, directors,  employees, agents and representatives harmless, as well as, all third  parties printing, manufacturing and/or otherwise fulfilling the products  you are selling via the website, their officers, directors, employees,  agents and representatives harmless, from and against any and all  claims, damages, losses, liabilities, costs (including reasonable legal  fees) or other expenses that arise directly or indirectly out of or  from:

  • your breach of any clause of this agreement;
  • any allegation that any materials that you submit to us or  transmit to the website infringe or otherwise violate the copyright,  trademark, trade secret or other intellectual property or other rights  of any third party; and/or
  • your activities in connection with the website. 

This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.


Privacy policy


Your privacy is very important to us. Users of our website should  refer to our privacy policy – which is incorporated into this agreement  by reference, for information about how we collect and use personal  information.


Security of information


No data transmission over the Internet can be guaranteed as totally  secure. We strive to protect such information, however we do not warrant  and cannot ensure the security of any information that you transmit to  us. Accordingly, any information that you transmit to us is transmitted  at your own risk.


Termination of access


Access to this website may be terminated at any time by us without  notice. Our disclaimer will nevertheless survive any such termination.


Dispute Resolution


This User Agreement and all disputes relating to this User Agreement,  or relating to your use of any part of the GouldGaming service, will be  exclusively resolved under confidential binding arbitration held in San  Francisco, California. All disputes will be resolved in accordance with  the Rules of JAMS, applying California law, without regard to conflicts  of law principles.You and GouldGaming agree to submit to the personal and exclusive  jurisdiction of the Federal and California State courts in San Francisco  County for purposes of enforcing any arbitration award. Notwithstanding  the foregoing, GouldGaming may seek injunctive or other equitable relief,  from a court of competent jurisdiction. You and GouldGaming agree that  any dispute resolution proceedings will be conducted only on an  individual basis and not in a class, consolidated or representative  action. You and GouldGaming agree that any cause of action arising out of  or related to the GouldGaming site (including but not limited to any  services provided or made available therein) or this Agreement must  commence within one (1) year after the cause of action arose; otherwise,  such cause of action is permanently barred.If you have a dispute with one or more users or sellers, you release   from claims demands and damages (actual  and consequential) of every kind of nature, known and unknown, arising  out of or in any way connected with such disputes. If you are a  California resident, you waive California Civil Code Section 1542 which  states, "A general release does not extend to claims which the creditor  does not know or suspect to exist in his favor at the time of executing  the release, which if known by him must have materially affected his  settlement with the debtor".


General


We accept no liability for any failure to comply with this agreement  where such failure is due to circumstances beyond our reasonable  control.If we waive any rights available to us under this agreement on one  occasion, this does not mean that those rights will automatically be  waived on any other occasion.If any of the terms of this agreement are held to be invalid,  unenforceable or illegal for any reason, the remaining terms and  conditions shall nevertheless continue in full force.
This service may contain translations powered by Google. Google  disclaims all warranties related to the translations, express or  implied, including any warranties of accuracy, reliability, and any  implied warranties of merchantability, fitness for a particular purpose  and noninfringement.


APPENDIX A - Services Agreement


You wish to use GouldGaming’s services to facilitate marketing and sale  of your art on a physical product and to arrange for manufacture of the  physical product ("your product") once an order has been made through  www.GouldGaming.com ("the website").  GouldGaming will provide these  services on the terms set out in this Services Agreement.  Additionally,  GouldGaming will provide for delivery of such products ot the customer.


1. Services


1.1 GouldGaming, acting as independent contractor under your  instructions will market to and obtain orders from customers for the  purchase of your products over the website and on instruction from you,  GouldGaming will arrange for third parties to fulfill those orders by  facilitating payment for and manufacture of your products (“Services”).  GouldGaming will then arrange for the delivery of your products as per the  customer’s instructions.1.2 GouldGaming will provide the Services pursuant to this agreement until termination in accordance with its terms.1.3 You agree that GouldGaming is free to act in any capacity for any  other person interested in promoting, marketing and obtaining orders  from members of the public for the purchase of their arts over the  website, including any art that is the same as, or similar to, your  products.


2. License and standing instructions


2.1 You grant GouldGaming a non-exclusive royalty free license to use  your intellectual property relating to your products for the purpose of  enabling us to carry out the Services.  2.2 You hereby instruct GouldGaming to facilitate the sale of your  product which includes payment, processing and arranging for  manufacturing your product (s) in respect of the orders placed by the  customers via the website and GouldGaming will facilitate such payment,  and manufacturing in accordance with reasonable business practices  unless you otherwise instruct prior to the placement of that order by a  customer.


3. Sale of your products


3.1 The retail price charged to customers who purchase your product  is made up of the manufacturing fee charged by the third party  manufacturer, GouldGaming’s fee for hosting the marketplace and  facilitating the transaction (the manufacturing fee and GouldGaming’s fee  are referred to collectively, and inclusive of tax, as the “base  amount”), your creator margin (“your margin”), and any relevant sales  tax (such as Sales Tax, GST, VAT, etc) that GouldGaming and / or you (as  the case may be) are liable to account for to the appropriate tax  authorities. Shipping charges will also be added to the retail price.  When making each individual work available for sale you are able to  select any percentage markup you wish, greater than or equal to zero,  above the base amount but below the automated upper limit set by  GouldGaming (subject to change from time to time). The percentage markup  selected by you on the website for each of your products is used to  calculate the dollar value of your margin for each sale.3.2 You may change the percentage markup on top of the base amount at  any time by changing your selection on the website. We may change the  base amount at any time without specific notice to you and this will  affect the dollar value of your margin, which is calculated as a  percentage of the base amount (e.g. if we increase our base amount, your  margin will also increase). The retail price will not change on an  individual sale after a customer has submitted an order to the website.3.3 GouldGaming will send you an email to the email address you  registered in your account to notify you when an order has been placed  for your products.3.4 You agree that GouldGaming makes no representation that it will be  able to procure an order for your products, whether at the retail price  or at all, nor that you will obtain any benefit by entering into this  Services Agreement.3.5 All items purchased from the website are manufactured pursuant to  arrangements with third party suppliers under your instructions. This  means that title and risk for loss for such items pass from you to the  customer/purchaser without passing through us prior to the goods being  delivered to the customer by GouldGaming under the customer’s  instructions.


4. Payment terms


4.1 You authorize GouldGaming to collect, hold and distribute the  retail price (“sale proceeds”) from customers on the terms set out in  this clause 4. GouldGaming will also charge the customer for the shipping  which will be retained by us and not affect the amount to be distributed  to you.4.2 You authorize GouldGaming to deduct the base amount (which includes  GouldGaming’s margin for facilitation services, including tax where  applicable) from the sales proceeds for your products before  distributing your margin (which will include tax where applicable).4.3 We will pay your margin in accordance with the payment method you  select on the website. This will usually take place between the 15th  and 20th days of the month.4.4 You may at any time request that we pay you the full amount in  your account. We will endeavor to pay you this amount within 7 days of  your request. A US$5 administration fee will apply to this payment.4.5 It is your responsibility to ensure GouldGaming has current details  of your postal address and bank account details. GouldGaming will not be  liable for any loss suffered by you if you provide us with incorrect  details in relation to the payment method. If we are unable to pay you  because you have given us incorrect details or your details are out of  date, we will hold your margin for up to 12 months from the payment  date. If you have not notified GouldGaming of any amendment to the payment  method details in that time your margin proceeds will be forfeited to  GouldGaming or donated to a charity of our choice.


5. Taxation responsibility


5.1 Each party is responsible for their own taxes associated with  each transaction and will account for any taxes imposed by governments  or governing authorities, and related accounting or audit requirements  arising out of, as a result of, incidental to, or in connection with  obligations under this Services Agreement. We recommend that you consult  with your tax advisor as to the application of taxes for you, as the  seller of the merchandise. This may include Sales Tax, VAT, GST and  other transactional taxes.5.2 GouldGaming will not collect or pay taxes on your behalf as  GouldGaming is merely acting as an agent in facilitating the sale of your  product to the customers. As stated in clause 4.2 of this Agreement, the  amounts distributed to you will be deemed to be inclusive of any taxes,  if applicable. You will at all times be solely responsible for  reporting and remitting any tax liabilities  arising out of the sale of  your products together with any potential interest or penalties that any  tax authority may levy as a result of non-compliance. If you are  registered for VAT in the EU, GouldGaming may, upon your request, provide  you with a VAT invoice for any charges levied by us.5.3 If you have an Australian Business Number (ABN) or Value Added  Tax (VAT) you may submit your ABN or VAT to the website where requested.  If you do not have an ABN or VAT, or if you elect not to submit your  ABN or VAT to the website, you will be required to provide more  information about the circumstances under which you are offering your  products for sale on the website, including whether any of the  Australian Taxation Office (ATO) or appropriate tax authority exemptions  apply to you.5.4 For the avoidance of doubt, all tax-related reporting  responsibilities by you to relevant tax authorities are entirely your  responsibility.


6. Indemnity


6.1 You hereby indemnify and will keep GouldGaming indemnified from and  against all claims, debts, accounts, expenses, costs, liens, actions  and proceedings of any nature whatsoever,  whether known or unknown by  any person, arising from, incidental to, or by virtue of, the  appointment, or any breach or non performance of your obligations under  this Services Agreement or arising out of your willful act, neglect or  default in the performance of such obligations.6.2 This clause 6 will survive the termination of this Services Agreement.


7. Limitation of liability


7.1 In no case will GouldGaming be liable for any consequential loss or  damage suffered by you  arising from this Services Agreement. To the  extent permitted by law, all warranties and conditions implied by law  are hereby expressly excluded.