Privacy Policy
Last updated: September 28, 2022
The following Privacy Policy governs the online information collection practices of The Golden Unicorns Inc and its associated global entities (“Company,” "we" or "us"). Specifically, it outlines the types of information that we gather about you while you are using https://www.thegoldenunicorns.com and other websites operated by Company (collectively, the "Site"), and the ways in which we use this information. This Privacy Policy, including our children's privacy statement, applies primarily to information which we collect online; however, the portion of this Privacy Policy that relates to the European Union’s General Data Privacy Regulation may apply to some of the data that you provide to us offline and/or through other means, as well (for example, at a live event, via telephone, or through the mail).
We have created this Privacy Policy to demonstrate our firm commitment to privacy and security. This Privacy Policy describes how our Company collects information from all end users of our Internet services (the “Services”), including those who access some of our Services but do not have accounts (“Visitors”) and those who may purchase Products and/or pay a monthly service fee to subscribe to the Service (“Members”).
Please read this Privacy Policy carefully. By visiting and using the Site, you agree that your use of our Site, and any dispute over privacy, is governed by this Privacy Policy. In an effort to comply with changes in technology, and the adoption of new regulations and laws, we may need to change our Policy at some point in the future, in which case we'll post the changes to this Privacy Policy on this website and update the Effective Date of the policy to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified.
Introduction
We may collect and store personal or other information that you voluntarily supply to us online while using the Site (e.g., while on the Site or in responding via email to a feature provided on the Site). The Site only contacts individuals who specifically request that we do so or in the event that they have signed up to receive our messaging, attended one of our events, or have purchased one of our products. The Site collects personally identifying information from our users during online registration and online purchasing. Generally, this information includes name and e-mail address for registration or opt-in purposes and name, postal address, and credit card information when registering for our events or purchasing our products. All of this information is provided to us by you.
We also collect and store information that is generated automatically as you navigate online through the Site. For example, we may collect information about your computer's connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Site. If you have accessed our site via a social media platform, such as Facebook, we may collect information related to your social media account, such as your handle or identifier on that platform. We also may use a standard feature found in browser software called a "cookie" to enhance your experience with the Site, and web beacons, to access cookies, count users who visit the Site, or open HTML-formatted email messages.
We use the information we collect from you while you are using the Site in a variety of ways, including using the information to customize features; advertising that appears on the Site; and, making other offers available to you via email, direct mail or otherwise. We also may provide your information to third parties, such as service providers, contractors and third-party publishers and advertisers for a variety of purposes. Unless you inform us in accordance with the process described below, we reserve the right to use, and to disclose to third parties, all of the information collected from and about you while you are using the Site in any way and for any purpose, such as to enable us or a third party to provide you with information about products and services.
Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online - for example on message boards, web logs, through email, or in chat areas - that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorised third-party use of such information.
Some of our third-party advertisers and ad servers that place and present advertising on the Site also may collect information from you via cookies, web beacons or similar technologies. These third-party advertisers and ad servers may use the information they collect to help present their advertisements, to help measure and research the advertisements' effectiveness, or for other purposes. The use and collection of your information by these third-party advertisers and ad servers is governed by the relevant third-party's privacy policy and is not covered by our Privacy Policy. Indeed, the privacy policies of these third-party advertisers and ad servers may be different from ours. If you have any concerns about a third party's use of cookies or web beacons or use of your information, you should visit that party's website and review its privacy policy. The Site may also include links to other websites and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access another website or purchase third-party products or services through the Site, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products or services. Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or one or more of our websites is acquired by another company, information about our users may be among the transferred assets.
Personal Information Our Company Collects And How It Is Used
Introduction
Members may be asked to provide certain personal information when they sign up for our Products or Services including name, address, telephone number, billing information (such as a credit card number), and the type of personal computer being used to access the Services. The personal information collected from Members during the registration process (or at any other time) is used primarily to provide a customized experience while using our Products and Services. Your information will never be disclosed, traded, licensed or sold to any third party. However, we may make limited disclosure of personal information under the specific circumstances described below.
The information you provide to us will never be disclosed, traded, licensed or sold to a third party. However, there are specific instances, described below, where your information could be provided to a known third party.
The Types of Information We Collect and Store:
Some of the information we may collect about you and store in connection with the provision and fulfillment of our services to you may include:
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Name
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Email Address
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Mailing Address
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Billing Address
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PayPal Email Address
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Masked Credit Card Information (for - refunds)
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Age
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Gender
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Marital Status
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Religion
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Income Range
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Education
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Profession
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Parent Status
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Other responses to surveys and questionnaires
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Sign-up source
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Date of account creation
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Date of account updates
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IP address
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Time stamp
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Device type
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Operating system
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Browser
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Email open clicks
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User ID
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User behavior
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Login history
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Order details
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Location
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Facebook ID
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Photo
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Language
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Country
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Timezone
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Birthday
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NPS score
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Your rating of our support
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Telephone number
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Telephone call recordings
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Testimonials, with your authorisation
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Anonymised Facebook comments
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Live location
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Sexual preference
How We Use Your Personal Information:
The above personal information may be used for the following purposes:
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To operate, improve, or promote our Service
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To contact you
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When you have opted in to receive email messaging
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To respond to your email inquiries. Specifically, when Visitors or Members send email inquiries to us, the return email address is used to answer the email inquiry we receive. We do not use the return email address for any other purpose, or share it with third parties.
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To monitor and analyse trends such as:
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Purchase history
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Sales reports
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Behavior on the Site
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Email clicks and opens
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To market our products and services through:
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Email marketing
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Advertising, including retargeting via Google and Facebook
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Notifications
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Perform accounting, administrative and legal tasks
Some of the personal information identified in the list above may be gathered and stored. One of the main reasons we gather data is for marketing purposes, as a recommendation tool.
Who Has Access to Your Data Within Our Organization
Within our organization, access to your data is limited to those persons who require access in order to provide you with the Products and Services you purchase from us, to contact you, and to respond to your inquiries, including requests for refund. Those staff members may be on teams such as: marketing, events, development, executive, customer support. Employees only have access to data that is relevant to their team, on a “need to know” basis.
Who We Share Your Data With Outside of Our Organization, and Why
Processors
We may use service providers in connection with operating and improving the Site, to assist with certain functions, such as payment processing, email transmission, conducting surveys or contests, data hosting, managing our ads, and some aspects of our technical and customer support. We take measures to ensure that these service providers access, process, and store information about you only for the purposes we authorise, subject to confidentiality obligations, including through the execution of GDPR-compliant Data Privacy Agreements or Addenda, as applicable.
We use third-party solutions for marketing and analytics. This processing occurs on third party platforms on accounts owned by Company, including, but not limited to, Google Analytics, Braze notifications, and Maropost email services. This processing is subject to our Data Privacy Agreements or Addenda with these third parties, and their respective privacy policies.
Authorities
We may access, preserve, and disclose information about you to third parties, including the content of messages, if we believe disclosure is in accordance with, or required by, applicable law, regulation, legal process, or audits. We may also disclose information about you if we believe that your actions are inconsistent with our Terms of Service or related guidelines and policies, or if necessary to protect the rights, property, or safety of, or prevent fraud or abuse of, Company or others.
Why We Store Information We Collect From You
We retain certain information that we collect from you while you are a member on the Site, and in certain cases where you have deleted your account, for the following reasons:
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So you can use our Site;
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To ensure that we do not communicate with you if you have asked us not to;
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To provide you with a refund, if entitled;
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To better understand the traffic to our Site so that we can provide all members with the best possible experience;
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To detect and prevent abuse of our Site, illegal activities and breaches of our Terms of Service; and
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To comply with applicable legal, tax or accounting requirements.
When we have no ongoing legitimate business need to process your information, we will either delete or anonymise it.
Third Party Data
Login From Integrations
For ease of use, you are also given the option to link your Golden Unicorn account on the Site with your account on a third-party site such as, for example, Facebook. The third party site will authenticate your identity, will allow you to log into The Golden Unicorns platform using the single social login buttons, and will share certain personal information that you allow us to collect. By signing-in using your third party identity provider account (“Third Party IdP”), you are authorising The Golden Unicorns to collect, store, and use, in accordance with this Privacy Policy, any and all information that you have authorised the Third Party IdP to provide to The Golden Unicorns. Such information may include your first and last name, gender, location, username, e-mail address, picture or phone number.
You will be given the option to link your Golden Unicorns account with your social media account e.g. Facebook. When you choose to login with your social media account the social media site will: authenticate your identity, allow you to log into your Golden Unicorns account using the single social login button, and provide personal information that you agree to share with us.
Logging in this way means that you give The Golden Unicorns authorisation to collect, store, and use your information in accordance with this Privacy Policy. Such information may include your first and last name, gender, location, username, email address, picture, or phone number.
Third Party Integration
If you do login through a third party account like Facebook, we share some information with them and they share some information with us but only for purposes of accessing your account. What is shared with us by the third party sites depends on their Privacy Policy. We would advise that you familiarise yourself with the privacy policy of the third party site to know what information is being shared by them.
When you login to your Golden Unicorns account with your social media account we also share some basic account information with your social media provider. What we share with the social media provider depends on their Privacy Policy. We advise you to check the Privacy Policy of the social media site to familiarise yourself with the information they request from us.
Affiliate Links
Occasionally you may have clicked on one of The Golden Unicorns affiliate links and signed up or bought something via that link. In this case, the person or organisation in charge of the affiliate link will have the information that you have submitted. This may be your email address, name, address, or whatever else they asked you. If you have signed up for or bought something from The Golden Unicorns via an affiliate link, please check the privacy policy on their site.
Online Shopping
If you order services or products directly from our Company we will use the personal information you provide only to process that order. We do not share this information with outside parties except to the extent necessary to complete that order.
If you complete an order for some other company(ies) that may be linked to our Site, such as an online gift order sent directly to a recipient, you may be asked to provide information about the recipient, such as the recipient’s name, address, and phone number. Our company has no control over the third parties’ use of any personal information you provide when placing such an order. Please exercise care when doing so. We recommend that you familiarise yourself with the Privacy and Terms of Use policies of any other company(ies) whose web sites you may access from our site.
Cookies and Tracking Tools
We use cookies to help you make using our website easier. You can instruct Your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some parts of our Site. We use cookies for the following reasons:
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To remember your country and language preferences
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To deliver information that matches your interests
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To help us understand our audience and traffic patterns
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To let you automatically log into programs and parts of our site that require membership
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To manage and present site info displayed on our website that will be specific to you
We also use Web Beacons to collect non-personal data on how you use our site, such as how long did you visit our page, what web browser you’re using, what’s your operating system, and who’s your Internet service provider. In addition we also use Google Analytics data and the DoubleClick cookie to serve ads based on a user’s prior visits to our website. This data is collected from thousands of site visits and analysed as a whole. This helps us build a better website to match our visitors’ needs.
Disabling Cookies and Beacons
If you are uncomfortable with the collection of such information through the use of Cookies and Beacons, we recommend disabling these features through your browser preferences, though please understand this will limit the performance and functionality of our Company’s website. Your browser documentation should provide specific procedures for disabling cookie and beacon support.
You may also opt out of the DoubleClick cookie by visiting the Google advertising opt-out page: https://www.google.com/policies/privacy/ads/
Or you may opt out of Google Analytics by visiting the Google Analytics Opt-out page: https://tools.google.com/dlpage/gaoptout
Advertiser Disclosures
Google Analytics
We use Google Analytics Advertiser Features to optimise our business. Advertiser features include:
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Remarketing with Google Analytics
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Google Display Network Impression Reporting
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Double Click Platform integrations
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Google Analytics Demographics and Interest Reporting
By enabling these Google Analytics Display features, we are required to notify our visitors by disclosing the use of these features and that we and third-party vendors use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to gather data about your activities on our Site. Among other uses, this allows us to contact you if you begin to fill out our check-out form but abandon it before completion with an email reminding you to complete your order. The “Remarketing” feature allows us to reach people who previously visited our Site, and match the right audience with the right advertising message.
You can opt out of Google’s use of cookies by visiting Google’s ad settings and/or you may opt out of a third-party vendor's use of cookies by visiting the Network Advertising Initiative opt-out page.
As advertisers on Facebook and through our Facebook page, we, (not Facebook) may collect content or information from a Facebook user and such information may be used in the same manner specified in this Privacy Policy. You consent to our collection of such information.
We abide by Facebook’s Data Use Restrictions.
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Any ad data collected, received or derived from our Facebook ad (“Facebook advertising data”) is only shared with someone acting on our behalf, such as our service provider. We are responsible for ensuring that our service providers protect any Facebook advertising data or any other information obtained from us, limit our use of all of that information, and keep it confidential and secure.
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We do not use Facebook advertising data for any purpose (including retargeting, commingling data across multiple advertisers’ campaigns, or allowing piggybacking or redirecting with tags), except on an aggregate and anonymous basis (unless authorised by Facebook) and only to assess the performance and effectiveness of our Facebook advertising campaigns.
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We do not use Facebook advertising data, including the targeting criteria for a Facebook ad, to build, append to, edit, influence, or augment user profiles, including profiles associated with any mobile device identifier or other unique identifier that identifies any particular user, browser, computer or device.
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We do not transfer any Facebook advertising data (including anonymous, aggregate, or derived data) to any ad network, ad exchange, data broker or other advertising or monetisation related service.
Data Security and Data Privacy Regulation
Our company’s commitment to data security:
We implement a variety of administrative, managerial, and technical security measures to help protect your personal information. Our Company has various internal control standards which relate specifically to the handling of personal information. These include certain controls to help safeguard the information we collect online. Our employees are trained to understand and comply with these controls and we communicate our Privacy Policy, practices and guidelines to our employees. However, while we strive to protect your personal information, you must also take steps to protect your information. We urge you to take every precaution to protect your personal information while you are on the Internet.
Services and websites we sponsor have security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information. If we do discover a security breach affecting your data, every effort will be made to provide a notification within 72 hours of our team learning of the occurrence.
General Data Privacy Regulation (GDPR)
The GDPR takes effect on May 25, 2018, and is intended to protect the data of European Union (EU) citizens.
If you are a resident of the European Economic Area (EEA), or are accessing this Site from within the EEA, you have certain rights with respect to your data. We respond to all requests that we receive from individuals who wish to exercise their data protection rights in accordance with applicable data protection laws. You can contact us by sending an email to support@thegoldenunicorns.com.
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
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Consent: You have given your consent for processing Personal Data for one or more specific purposes.
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Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
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Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
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Vital interests: Processing Personal Data is necessary in order to protect your vital interests or of another natural person.
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Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company. Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
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In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of your Personal Data and to guarantee you can exercise your rights. You have the right under this Privacy Policy, and by law if you are within the EU, to:
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Request access to your Personal Data. The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact Us to assist you. This also enables you to receive a copy of the Personal Data we hold about you.
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Request correction of the Personal Data that we hold about you. You have the right to have any incomplete or inaccurate information we hold about you corrected.
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Object to processing of your Personal Data. This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to our processing of your Personal Data on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.
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Request erasure of your Personal Data. You have the right to ask us to delete or remove Personal Data when there is no good reason for us to continue processing it.
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Request the transfer of your Personal Data. We will provide to you, or to a third-party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
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Withdraw your consent. You have the right to withdraw your consent on using your Personal Data. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the Service.
Exercising of Your GDPR Data Protection Rights
You may exercise your rights of access, rectification, cancellation and opposition by contacting us. Please note that we may ask you to verify Your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact your local data protection authority in the EEA.
Data Controller and Data Protection Officer
If you reside in a country in the European Economic Area or in Switzerland, then your personal data collected by Company is controlled by The Golden Unicorns Data Protection Officer can be reached by email at support@thegoldenunicorns.com.
If you reside outside of the European Economic Area and Switzerland, then the personal data collected by Company is controlled by The Golden Unicorns Data Protection Officer which you can also contact by email at support@thegoldenunicorns.com.
The Company will disclose and deliver the required information free of charge within 45 working days of receiving your verifiable request. The time period to provide the required information may be extended once by an additional 45 working days when reasonably necessary and with prior notice.
Do Not Sell My Personal Information
We do not sell personal information. However, the Service Providers we partner with (for example, our advertising partners) may use technology on the Service that "sells" personal information as defined by the law.
If you wish to opt out of the use of your personal information for interest-based advertising purposes and these potential sales as defined under the law, you may do so by following the instructions below.
Please note that any opt out is specific to the browser you use. You may need to opt out on every browser that you use.
Website
You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:
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From Our "Cookie Consent" notice banner
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Or from Our "Do Not Sell My Personal Information" notice banner
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Or from Our "Do Not Sell My Personal Information" link
Mobile Devices
Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:
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"Opt out of Interest-Based Ads" or "Opt out of Ads Personalisation" on Android devices
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"Limit Ad Tracking" on iOS devices
You can also stop the collection of location information from Your mobile device by changing the preferences on your mobile device.
Do Not Track" Policy
Our Site does not respond to Do Not Track signals. However, some third-party websites do keep track of your browsing activities. If you are visiting such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser.
Children’s Privacy Statement
This children's privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of eighteen, and provides important information regarding their rights under federal law with respect to such information.
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This Site is not directed to children under the age of eighteen and we do NOT knowingly collect personally identifiable information from children under the age of eighteen as part of the Site. We screen users who wish to provide personal information in order to prevent users under the age of eighteen from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of eighteen as part of the Site, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of eighteen as part of the Site.
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Because we do not collect any personally identifiable information from children under the age of eighteen as part of the Site, we also do NOT knowingly distribute such information to third parties.
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We do NOT knowingly allow children under the age of eighteen to publicly post or otherwise distribute personally identifiable contact information through the Site.
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Because we do not collect any personally identifiable information from children under the age of eighteen as part of the Site, we do NOT condition the participation of a child under eighteen in the Site’s online activities on providing personally identifiable information.
Links to Other Websites
Our Site may contain links to other websites that are not operated by us. If You click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
Changes to this Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Site, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
Contact Us
If you have any questions about this Privacy Policy, you can contact us at: support@thegoldenunicorns.com.
Terms and Conditions
Last updated: June 17, 2022
Please read these Terms and Conditions carefully. By accessing Our Website, you are indicating your acknowledgment and acceptance of these Terms and Conditions. These Terms and Conditions are subject to change by Us at any time at Our sole discretion. Your use of this Website constitutes your acknowledgment and acceptance of these Terms and Conditions and any and all amendments thereof.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalised have meanings defined in the “Definitions” section below. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
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Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
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Account means a unique account created for You to access Our Website or parts of Our Website.
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Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to THE GOLDEN UNICORNS Inc.
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Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
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Device means any device that can access the Website such as a computer, a smartphone or a digital tablet.
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Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Website.
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Goods refer to the items offered for sale on the Website.
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Orders mean a request by You to purchase Goods from Us.
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Promotions refer to contests, sweepstakes or other promotions offered through the Website.
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Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Website.
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Third-Party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Website.
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Website refers to THE GOLDEN UNICORNS Inc, accessible from https://www.thegoldenunicorns.com/.
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You (also, referred to as “Your”) means the individual accessing or using the Website, or the company, or other legal entity.
Acknowledgement
These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website. Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website. By accessing or using the Website You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Website.
You affirm that You are either at least 18 years of age, or an emancipated minor, or You possess parental or guardian consent, and are fully able and competent:
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to assume and to fulfil the obligations set forth in these Terms and Conditions,
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to make representations and warranties set forth in these Terms and Conditions, and
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to abide by and comply with these Terms and Conditions.
Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use Our application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website.
Access To This Website
You agree to use this Website only for the lawful purposes described in more detail in the “Restrictions on Use” section below. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or its Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties. To access this Website or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of Your use of this Website that all the information you provide on this Website is true, correct, and complete. If Our Company believes the information You provide is not true, correct, or complete, We have the right to refuse Your access to this Website or any of its resources, and to terminate or suspend Your access at any time, without notice.
Restrictions On Use
This Website is provided solely for non-commercial, personal use, and/or so that you may learn about Our Company and the services we provide in the About section. You may not use this Website for any other purpose, including, without limitation, any commercial purpose, without Our Company’s express prior written consent. For example, You may not (and may not authorize any other party to) (i) co-brand this Website, or (ii) frame this Website, or (iii) hyperlink to this Website, without the express prior written permission of an authorized representative of Our Company. For purposes of these Terms and Conditions, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to publish, distribute or display this Website or Content accessible within this Website. You agree to cooperate with Our Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
Placing Orders for Goods
By placing an Order for Goods through the Website, You warrant that You are legally capable of entering into binding contracts.
Your Information
If You wish to place an Order for Goods available on the Website, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
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Goods availability
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Errors in the description or prices for Goods
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Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected
Your Order Cancellation Rights
Any purchase ON Our Website can only be cancelled in accordance with these Terms and Conditions and Our Refund Policy. Our Refund Policy is and shall be considered as part of these Terms and Conditions. Please read our Refund Policy to learn more about your right to cancel Your Order.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Website. The Goods available on Our Website may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Website and in Our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product specifications and availability. We reserve the right to change or update.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Payments
Payment can be made through various payment methods, such as bank transfers with Visa, MasterCard, American Express cards or online payment methods, such as PayPal, Apple Store In-App Payments, and Google Play In-App Payments. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay in placing Your Order.
Recurring Payments: Monthly and Annual Subscriptions
If an error occurs when collecting the recurring payment from the payment method associated with monthly or annual subscriptions, then Company will attempt to collect the payment within seven (7) days of the charge date, and if Company is still not able to collect the recurring payment within seven (7) days after the charge date, then Company will attempt to collect the payment within fithteen (15) days of the charge date, and if Company is still not able to collect the recurring payment within fithteen (15) days after the charge date, access to the subscription will be suspended and Company will contact You via email to request to update Your payment details and if Company is still not able to collect the recurring payment within thirty (30) days after the charge date, Company may waive the right to charge on that missed recurring payment and to cancel Your subscription.
Company will cancel that subscription and will not attempt to collect any future charges on that subscription. If the recurring payment is collected within the said seven (7) or fithteen (15) days period, then the subscription will be kept active and Company will continue to collect recurring payments for that subscription accordingly.
If an error occurs when collecting the first payment, then access to the subscription will be removed immediately, and Company will attempt to collect the first payment within seven (7) days of the charge date. If Company is still not able to collect the first payment within seven (7) days of the charge date, then Company will waive the right to charge that missed first payment, will cancel that subscription, and will not attempt to collect any future payments on that subscription. If the first payment is collected within seven (7) days of the charge date, then access to the subscription will be re-granted, the subscription will be kept active, and Company will start collecting recurring payments on that subscription accordingly.
Installment Plans
For instalment plans (i.e. a purchase made with a fixed number of installments), in case there is an error collecting any of the installment payments, access to the purchased product(s) will be removed immediately, and Company will attempt to collect the payment for an unlimited period in the future until it collects the installment payment due. In case future installment payments accrue, Company reserves the right to charge all accrued installment payments at any time. In case all accrued installment payments are successfully collected, access to the product(s) purchased will be re-granted.
Subscriptions with an Automatic Renewal
If You don’t cancel an annual subscription prior nineteen (90) days before the end of each period (free or otherwise), Company will collect the full payment for the subscription (monthly or annual) after the period ends. For instance, for an annual subscription, the full payment will be collected on the first (1) day of the susbcription’s start date, and the subsequent payment for the annual subscription will be collected on the three hundred and sixty-sixth (366) day of the subscription’s start date.
Promotions
Any Promotions made available through the Website may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
User Accounts
When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Website. You are responsible for safeguarding the password that You use to access the Website and for any activities or actions under Your password, whether Your password is with Our Website or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your account. Company will be entitled to monitor Your password and, at its discretion, require You to change it. If You use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate Your Account. You are prohibited from compromising the security of this Website or tampering with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools, etc.) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators of other Websites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms and Conditions. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any content that are believed to violate these Terms and Conditions. By accepting these Terms and Conditions, you agree to waive, release, and hold harmless the Company from any claims resulting from any action taken by Company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either the Company or law enforcement authorities. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Website infringes a copyright or other intellectual property infringement of any person. If You are a copyright owner, or authorised on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Website, You must submit Your notice in writing to the attention of our copyright agent via our Copyright Infringement Officer at support@thegoldenunicorns.com and include in Your notice a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright. You may submit a notification pursuant by providing our Copyright Agent with the following information in writing: An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright's interest.
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A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
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Identification of the URL or other specific location on the Website where the material that You claim is infringing is located.
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Your address, telephone number, and email address.
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A statement by You that You have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.
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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 authorised to act on the copyright owner's behalf.
Any notification by a copyright owner or a person authorised to act on copyright owner’s behalf that fails to comply with Company requirements shall not be considered sufficient notice and shall not be deemed to confer upon Company actual knowledge of facts or circumstances from which infringing material or acts are evident. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website.
Intellectual Property
The Website and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors. The Website is protected by copyright, trademark, and other laws of the European Union and foreign countries. Our trademarks and trade dress may not be used in connection with any product or Website without the prior written consent of the Company.
Trademarks
The material and Content accessible from this Website and any other World Wide Web page owned, operated, licensed, or controlled by Company is the proprietary information of Company or the party that provided the Content to Company, and Company or the party that provided the Content to Company retains all the rights, title, and interest in Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Company, or unless authorised in writing elsewhere on Our Website, except that you may print out a copy of Content solely for your personal use. You are prohibited from using any of the marks or logos appearing throughout the Website without the express written permission of Company.
Copyrights
This Website and its Content are protected by the European Union and/or foreign copyright laws, and belong to the Company or its partners, affiliates, contributors, or third parties. The copyrights for the Content are owned by the Company or other copyright owners who have authorised their use on this Website. You may download and reprint Content for non-commercial, non-public, personal use only. If you are browsing this Website as an employee or member of any business or organization, you may download and re-print Content only for educational or other noncommercial purposes within your business or organization, except as otherwise permitted by Company, for example, in certain password-restricted areas of Website. You may not manipulate or alter in any way images or other Content on the Website.
Hyperlinks
This Website may be hyper-linked to other Third-Party Media Services which are not maintained by or related to Company. The inclusion of any hyperlink to a Third-Party Media Service does not imply endorsement, sponsorship, or recommendation by Company of that Third-Party Media Service. Hyperlinks to such Third-Party Media Services are not sponsored by or affiliated with this Website or Company. Company has not reviewed any such Third-Party Media Services and is not responsible for their content. Hyperlinks are to be accessed at Your own risk, and Company makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or Third-Party Media Services hyperlinked to this Website. If you access a hyperlink to a Third-Party Media Service, please be aware that you will leave Company’s Website and will become subject to the terms and conditions of the linked Third-Party Media Services. Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Media Service. You further acknowledge and agree that Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Third-Party Media Services. We recommend that you make yourself aware of the terms and conditions of any Third-Party Media Services you access from our Company’s Website.
Submissions
You hereby grant to Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Company through this Website (collectively, hereinafter referred to as “Submission”), and to incorporate any Submission in other works in any form, media, or technology, now known or later developed. Company will not be required to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind and will not incur any liability as a result of any similarities that may appear in future Company operations. By making a Submission, You are guaranteeing to Us that You have the legal right to post the content in the Submission and that it will not violate any law or the rights of any person or entity. Company will treat any personal information that You submit through this Website in accordance with its Privacy Policy as set forth on this Website.
Downloading Material
You understand that Company cannot and does not guarantee or warrant that the files available for downloading from the Internet and/or the Website will be free of viruses, worms, Trojan horses, or other codes that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your requirements for accuracy of data input and output, and for maintaining a means external to this Website for the reconstruction of any lost data. Company does not assume any responsibility or risk for Your use of the Internet and/or the Website.
Disclaimer
The information, products and services offered on or through the website and by Company and any Third-Party Media Services are provided “as is” and without warranties of any kind, whether express or implied, statutory or otherwise. to the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and noninfringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. We do not warrant that the Website or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Website, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the Website or materials on this Website or on Third-Party Media Services in terms of their correctness, accuracy, timeliness, reliability or otherwise. company makes no representation of any kind that the website will meet your requirements, be compatible or work with any other software, applications, systems or websites, operate without interruption, or meet any performance or reliability without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of the company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
With regards to financial content on the website:
Neither Company nor its owners, officers, directors, employees, subsidiaries, affiliates, licensors, service providers, content providers and agents are financial advisers, and nothing contained on the Website is intended to be construed as financial advice. Company is not an investment advisory service, is not an investment adviser, and does not provide personalized financial advice or act as a financial advisor. The Website exists for educational purposes only, and the materials and information contained herein are for general informational purposes only. The education and information presented herein is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. you are encouraged to discuss any opportunities with your attorney, accountant, financial professional, or other advisor.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Website will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Website.
Limitation of Liability
Pursuant to these Terms and Conditions, the collective liability of Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including, without limitation, loss of revenue or income, pain and suffering, emotional distress, or similar damages (regardless of the form of action, whether in contract, tort, or otherwise), even if Company has been advised of the possibility of such damages, shall not exceed the greater of hundred (€100) Euros or the amount you have paid to Company for the applicable Content, product or service. Your exclusive remedy for all of the foregoing shall be limited to the greater of hundred (€100) Euros or the amount you have paid to Company for the applicable Content, product or service.
Some jurisdictions allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.
Indemnity
You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter referred to as the “Indemnified Parties”) harmless from any breach of these Terms and Conditions by You, including for any use of Content other than as expressly authorised in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorised use, and You agree to indemnify the Indemnified Parties for any and all loss, damages, judgments, awards, costs, expenses, and attorney’s fees arising out of or related to such breach or unauthorised use. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of or related to Your use of the information accessed from this Website.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with this Website any content that:
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You do not have the right to post, including proprietary material of any third party;
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Advocates illegal activity, incites violence, or discusses an intent to commit an illegal act;
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Is vulgar, obscene, pornographic, or indecent;
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Does not pertain directly to this Website;
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Threatens or abuses others, libels, defames, invades privacy, and stalks;
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Is racist, abusive, harassing, threatening or offensive;
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Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; Infringes any intellectual property or other right of any entity or person, including, without limitation, violating anyone’s copyrights or trademarks or their rights of publicity;
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Violates any law or may be considered to violate any law;
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Impersonates or misrepresents Your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
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Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), except as may be specifically authorized on this Website;
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Solicits funds, advertisers or sponsors;
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Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
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Disrupts the normal flow of dialogue, causes the screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other users to engage in real time activities via this Website;
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Includes MP3 format files;
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Amounts to a “pyramid” or similar scheme;
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Disobeys any policy or regulations established from time to time regarding the use of this Website or any networks connected to this Website; or
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Contains hyper-links to other Websites containing content that falls within the descriptions set forth in this section (collectively, “Unauthorised Content”).
The above list of Unauthorised Content is not exhaustive and may be updated from time to time by Company without any prior notice. It is Your responsibility to check the list of Unauthorized Content before posting, sending, submitting, publishing, or transmitting any content in connection with this Website. Although under no obligation to do so, Company reserves the right to monitor the use of this Website to determine compliance with these Terms and Conditions, as well as the right to remove or refuse posting any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any Submission.
Dispute Resolution
These Terms and Conditions shall be governed by and construed in accordance with the laws of the European Economic Area (EEA) and Switzerland, without regard to its conflict of laws principles. If any provision of these Terms and Conditions shall be unlawful, void or unenforceable for any reason, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Class Action Waiver
You acknowledge and agree that You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability
If any clause within the Terms and Conditions (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from the Terms and Conditions, and the remainder of these Terms and Conditions will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, the dispute will be decided by a court of competent jurisdiction.
Miscellaneous
These Terms and Conditions constitute the entire agreement among Company and its users relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions, such as our Privacy Policy and other disclosures, on this Website will govern the items to which they pertain.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time. By continuing to access or use Our Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Website.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us at: support@thegoldenunicorns.com.