TERMS OF USE

Last Modified June 2019

Welcome to www.gseed.com (the “Website”), the Website of Golden Seed, Inc., a Delaware corporation, with offices located at 1300 Quail Street Suite 100, Newport Beach, CA 92660 (the “Company”, “Golden Seed”, “we”, “We”, “Us” or “us” ). Please review the following terms of use, which govern your use of the Website, the Privacy Policy, which describes the Company’s policies with respect to your personal information. As used herein, “Agreement” shall mean and include both the Terms of Use and the Privacy Policy.

By using the Website you agree to the Terms of Use and the Privacy Policy. If you do not understand or do not agree with the terms of this Agreement, please do not provide us with personal information and please close out of the Website.

We may modify this Agreement, including the terms of the Privacy Policy, at our discretion and for any reason at any time. We encourage you to review this Agreement each time you use the Website, since you are bound by the terms of this Agreement each time you elect to use the site. We will not notify you of any changes to these Terms of Use other than changing the “Last Modified” date above. By using this Website, you agree to the latest version of the Terms of Use and Privacy Policy without any further notice of any modifications.  You should review these Terms of Use and the Privacy Policy frequently to be aware of any modifications.

BY USING THIS WEBSITE, YOU AGREE TO THESE CONDITIONS. PLEASE READ THEM CAREFULLY.

Who May Use The Website

By using the Website, you represent and warrant that (a) all information you submit to us is and will remain truthful and accurate; (b) you are eighteen (18) years of age or older and (c) you have no reason to believe that your use of the Website violates any applicable law or regulation or any third party’s rights. Your right to access the Website may be terminated without warning if we believe or learn that you are under eighteen (18) years of age. Use of the Website is void where prohibited. You should assume that all contents of the Website are copyrighted unless otherwise noted and may not be used in a manner inconsistent with the Terms of Use herein without the express written permission of the Company. You may freely browse the Website and download material solely for your own personal, non-commercial use; provided that all hard copies contain all copyright and other applicable notices contained in such material and information. However, you may not otherwise reproduce, repost, transmit, display, distribute or modify the materials. Images of people, places or graphics presenting data displayed on the Website are either the property of or used with permission by the Company. The use of these images is expressly prohibited.

Your Proprietary Rights In Content; License Granted To The Company

By posting any content anywhere on the Website, you hereby grant to the Company a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Website and in any other manner the Company desires. The license herein granted is irrevocable, non-exclusive, fully-paid, royalty-free, worldwide, and may be sublicensed to the extent. You represent and warrant that: (i) you have the right to grant the license set forth in this section and you have the right to use and control the content posted, and (ii) the posting of your content on our Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any content you post on the Website.

You are solely responsible for the content that you post on the Website. The Company does not endorse and has no control over content posted by you or any other user. The Company may edit or delete any content you post on the Website for any reason in the Company’s sole discretion. The Company has the right, at any time and without notice to you, to edit or remove any content you post.

Content Posted By The Company And Third Parties

The Website contains certain content posted by the Company. This content is protected by copyright, trademark, patent, trade secret and other laws, and the Company owns and retains all rights in the content we post. The Website may also contain content owned by other users and licensors. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing anywhere on the Website, other than any content you post. We generally do not review or approve all user content before posting, and no content posted by users reflects the opinion or view of the Company, its owners, officers, directors or employees. The Company makes no warranties, express or implied, as to the content or to the accuracy and reliability of any content on the Website (except only to the extent required by applicable law with respect to content posted by the Company), and is not responsible for the accuracy of any such content.

Company Trademarks

 “GOLDENSEED” and our logo, which consists of a capital letter "G" followed by a stylized leaf, are registered trademarks in the state of California and we have applied for federal registration of both trademarks. We also claim common law trademark protection of the term “GOLDENSEED,” the terms “GOLDEN SEED” and our logo, which consists of a capital letter "G" followed by a stylized leaf, under all applicable United States and international common laws. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All rights in such names are hereby reserved by the Company and/or our affiliates, as applicable.

The Company (including our affiliates, if applicable) is the sole owner of all product names, Company names, trade names, graphics, logos, page headers, icons, scripts, product packaging, trade dress and designs of all products shown on the Website or produced by the Company. Whether or not any such item is clearly marked as a trademarked item, the intellectual property associated with all of the foregoing belongs exclusively to the Company or the respective owners of such intellectual property, and you shall have no right to reproduce, copy, dilute or otherwise use such property or confusingly similar property except in strict compliance with national and international trademark and copyright laws. Your use or misuse of this intellectual property, except as permitted herein, is expressly prohibited.

Copyrights

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Website are owned by the Company or its third-party licensors or affiliates to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Website for any purpose. The compilation of all content included in this Website or made available through Golden Seed is the exclusive property of the Company and protected by U.S. and international copyright laws.

Notice And Procedure For Making Claims Of Intellectual Property Infringement

 If you believe that your intellectual property rights have been infringed, please submit your complaint to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

You may submit written claims of copyright infringement to our Copyright Agent at:

Copyright Agent

Golden Seed, Inc.

1300 Quail Street Suite 100 

Newport Beach, CA 92660

hello@gseed.com

Written claims concerning copyright infringement must include the following information:

·      A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;

·      A description of the copyrighted work that you claim has been infringed upon;

·      A description of where the material that you claim is infringing is located on the site;

·      Your address, telephone number, and e-mail address;

·      A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

·      A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Prohibited Content And Activity Policy

For your own safety and security, you are not permitted to post certain identifying information on publicly accessible areas of the Website. In addition, we forbid the posting of any content and the conduct of any activity that, in our sole and absolute discretion, is illegal, commercial, sexually explicit, racist, violent, hateful, offensive, or promotes activity that is in any way illegal, violent or offensive. The Company reserves the right to investigate, remove any content posted in violation of our policies, and take appropriate legal action against anyone who, in our sole discretion, violates our policies. Such legal action may include, among other things, reporting a violator to the legal authorities.

By way of illustration (but not by way of limitation) the following are some specific examples of activity that is illegal or prohibited on the Website: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; advertising to, or solicitation of, any other user to buy or sell any products or services. You may not transmit any chain letters or junk email through the Website or use any information obtained from the Website in order to contact, advertise to, solicit, or sell to anything to another user without such user’s explicit prior written consent; covering or obscuring the banner advertisements on your personal profile page, or any other page of the Website via HTML/CSS or any other means; any automated use of the system, such as using scripts to add contacts or send comments or messages; interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website; attempting to impersonate another user or other person; using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account; using any information obtained from the Website in order to harass, abuse, or harm another person; displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website, whether on your own behalf or on behalf of a third person, including but not limited to the posting of commercial content on your profile, the posting of blogs or bulletins with a commercial purpose, and sending private messages with a commercial purpose; or using the Website in a manner inconsistent with any and all applicable laws and regulations.

The Company reserves the right, in our sole and absolute discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability. In addition, the Company reserves the right to take appropriate legal action in the event that you engage in any illegal or unauthorized use of the Website, and the Company specifically reserves all remedies available to us under law and in equity.

Even though posting of the kind of content described above is not permitted by the Company, other users of the Website may post content in violation of the Company’s policies and without the Company’s knowledge that is inaccurate, inappropriate, or offensive. While the Company may remove any such content in our sole and absolute discretion, the Company shall not be responsible for monitoring content posted by users except to the extent specifically required by applicable law. The Company assumes no liability or responsibility whatsoever for content posted by its users. If you suspect any violation of the Company’s policies, or any misuse of the Website, please contact the Company immediately. 

User Interaction

You are solely responsible for your interactions, including disputes, with other users of the Website, whether through the Company’s Website or otherwise.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers and availability. The Company may at any time and from time to time without prior notification to users correct inaccuracies, errors and omissions on the Website.

Links to Other Websites and Services

For your convenience, the Website may contain links to other sites. The existence of a link on our Website is not and shall not be construed as the Company’s express or implied endorsement of or affiliation with the linked site. The Company is not responsible for anything that happens in connection with such sites, even if such sites are associated with an affiliate of the Company. We encourage you to review the Terms of Use and Privacy Policies of any Website you visit.

Disclaimers

THE COMPANY IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE, WHETHER CAUSED BY USERS OF THE WEBSITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE WEBSITE. THE COMPANY TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THIS WEBSITE BY THE COMPANY OR BY USERS OF THE WEBSITE, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE. THE COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY COMMUNICATIONS AMONG USERS OF THE WEBSITE. THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE WEBSITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE FROM ANY CONTENT POSTED ON THE WEBSITE, OR FROM THE CONDUCT OF ANY USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE. THE WEBSITE IS PROVIDED “AS-IS” AND AS AVAILABLE.

TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR ELECTRONIC COMMUNICATIONS SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Limitation On Liability

In no event will the Company or our directors, employees or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the site or the service, any platform applications or any of the site content or other materials on, accessed through or downloaded from the site, even if the Company is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Company’s liability to you for any claim whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid by you for use of or membership in the Website, but in no case will the Company’s liability exceed $1,000. You agree and acknowledge that if you have paid no fees to the Company for use of the Website, your rights shall be limited to injunctive relief only, and you shall not be entitled to any damages, unless applicable law specifically affords you additional rights notwithstanding your explicit waiver of all other remedies. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions and limitations may not apply to you, and you may have additional rights.

Disputes

If there is any dispute about or involving the Website or the Company, you agree that the dispute shall be governed by the laws of the state of California, United States of America, without regard to conflict of law provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the state of California, city of Los Angeles. Notwithstanding and in addition to the foregoing, the Company may seek injunctive relief and other equitable remedies against you in any court of competent jurisdiction.

Any dispute or claim relating in any way to your use of the Website, or to any products or services of the Company will be resolved by binding arbitration, rather than in courtexcept that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you waive any right to a jury trial

Indemnity

You agree to indemnify and hold the Company, its affiliates, and their respective members, managers, directors, officers, employees, agents, attorneys, successors and assigns (each, a “Company party”), harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the Website causes any Company party to be liable to any third party.

Right To Use Our Website

The Company grants you a limited, revocable and nonexclusive license to access and utilize the features of www.gseed.com. This license does not include (a) a right to download (other than page caching) or modify any part of the Website in any way or (b) a right to sell or make use of the Website or any of its contents for any commercial purpose, (c) a right to gather or download content for the benefit of any other retailer or third party other than the Company. You are expressly prohibited from the use of data mining, robots, spiders or similar data gathering and extraction tools.

In addition, the Company is granting you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website, provided that the hyperlink is not used in a way that is misleading or in any way portrays the Company in a way that could be damaging to the reputation of the Company, its owners, its employees, or its products. You may not use any Company logo or other proprietary graphic or trademark as part of the link unless the Company gives you express prior written consent in each instance.

You may not duplicate, copy, reproduce, sell or otherwise exploit any part of this Website for any commercial purpose or any other purpose not intended by the Company. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and/or the Company’s affiliates. You may not use meta tags or any other hidden text using our trademarks or the trademarks of our affiliates unless we give you our express written consent to do so in each instance. Your license to use this Website shall be deemed terminated immediately if you violate any terms of this Agreement.

Electronic Communications

When you use this Website, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Headings

The headings used in these Terms of Use have been inserted for convenience of reference and do not define or limit the sections herein.

Miscellaneous

This Agreement, including the Privacy Policy, is accepted upon your use of the Website or any part of the Website. This Agreement constitutes the entire Agreement between you and the Company regarding the use of the Website. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

The Company may shut down the Website at any time with or without notice for any 

Contact Information

If you have any questions or concerns with respect to the Website or this Agreement, please feel free to contact us at 

Golden Seed, Inc.

1300 Quail Street Suite 100 

Newport Beach, CA 92660

https://www.gseed.com

hello@gseed.com

©2019 Golden Seed, Inc. All rights reserved.