TERMS AND CONDITIONS AGREEMENT

Effective Date: These Terms of Service was last updated on and is effective as of January 22, 2024.

These terms (the “Terms of Service”) govern any use by you of the following sites:

www.goldenpeakmedia.com
www.interweave.com
www.wetcanvas.com
www.southwestart.com
www.collectorsguide.com
www.quiltingdaily.com
www.craftdaily.com
www.sewdaily.com
www.artistsnetwork.com 
www.clothpaperscissors.com

(collectively, the “Sites”)

and all of the products, software, and services, (collectively with the Sites, the “Sites/Services”) offered by Peak Media Properties, LLC dba Golden Peak Media (“Golden Peak Media”).

PLEASE REVIEW THESE TERMS OF SERVICE CAREFULLY, BEFORE USING ANY GOLDEN PEAK MEDIA SITES/SERVICES, AS THESE TERMS OF SERVICE AFFECT YOUR LEGAL RIGHTS. WE CALL YOUR ATTENTION TO SECTIONS 4C AND 4E APPLICABLE TO SUBSCRIPTION AND MEMBERSHIP AUTOMATIC RENEWALS AND SECTION 16 REGARDING ARBITRATION AGREEMENT AND MANDATORY CLASS ACTION WAIVER.

Table of Contents

1.0 General Rules

1.1. Access and Purchases. Your access to and use of the Sites/Services is and all sales made through the Sites/Services are subject to these Terms of Service. By using any part of the Sites/Services or making a purchase through Sites/Services, you (“you” or “Purchaser”) agree to these terms and conditions.

1.2. Modification to Terms. Golden Peak Media reserves the right, at any time, to modify, alter, or update these Terms of Service without prior notice. Modifications shall become effective immediately upon being posted on the Sites/Services. Your continued acceptance of magazine issues per a subscription, or use of the Sites/Services, or use of a membership, or purchases made after amendments are posted constitutes an acknowledgement and acceptance of these Terms of Service, its modifications, and modifications to any subscriptions or memberships. Except as expressly stated herein, these Terms of Service may not be amended. It is your responsibility to review these Terms of Service prior to each use of the Sites/Services.

1.3. Modify or Discontinue Sites/Services. Golden Peak Media reserves the right to modify or discontinue the Sites/Services with or without notice. Golden Peak Media shall not be liable to you or any third party should Golden Peak Media exercise its right to modify or discontinue the Sites/Services. You acknowledge and accept that Golden Peak Media does not guarantee continuous, uninterrupted, or secure access to the Sites/Services and operation of the Sites/Services may be interfered with or adversely affected by numerous factors or circumstances outside of Golden Peak Media’s control.

1.4. AS-IS. Unless explicitly stated otherwise, any new features that augment or enhance the current Sites/Services, shall be subject to these Terms of Service. You understand and agree that the Sites/Services are provided “AS-IS” and that Golden Peak Media assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Sites/Services, and that access may involve third-party fees (such as Internet service provider, data, or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Sites/Services.

1.5. Advertising. Golden Peak Media may also display advertising in connection with any of the Sites/Services, in its sole discretion. If you’re an advertiser, click here for the terms and conditions applicable to your agreement.

1.6. Use and Storage of Information. You acknowledge that Golden Peak Media may establish general practices and limits concerning use the Sites/Services, including without limitation, the maximum number of days that messages are stored, message board postings, patterns or other uploaded Content will be retained by the Sites/Services, the maximum number of messages that may be sent from or received by an account on the Sites/Services, the maximum size of any message or board posting that may be sent from or received by an account, the maximum disk space that will be allotted on Golden Peak Media’s servers on your behalf, the maximum number of patterns or projects you may download monthly, and the maximum number of times (and the maximum duration for which) you may access the Sites/Services given in a given period of time. You agree that Golden Peak Media has no responsibility or liability for the deletion or failure to store any messages and other communications, including but not limited to message board posts, patterns, or other Content maintained or transmitted by the Sites/Services.

2. Jurisdiction

These Sites/Services, including their information, services, and content, are intended for use within the United States. Golden Peak Media makes no representation that the Sites/Services, including their information, services, and content, are appropriate or available for use in other locations. Those who choose to access the Sites/Services from locations other than the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent applicable.

3. Registered User Account

3.1. Age Requirements. You must be 13 years or older to use any part of the Sites/Services. If you are less than 18 years of age and would like to use, subscribe or register to any part of the Sites/Services or purchase a Product on a Site, please ask your parent or legal guardian to review and agree to these Terms of Service before you use any part of the Sites/Services or ask them to complete the purchase and/or registration on your behalf. Registered users (“Users”) of any of the Sites/Services must be over the age of 13 and shall receive a password and an account (“Account”). For the sake of clarity, children under 13 may not use the Sites/Services or access the Sites/Services without the supervision of a responsible adult.

3.2. Authority. By registering, you represent that you have all requisite right, power, and authority to bind yourself to any applicable agreement(s) and to perform your obligations thereunder. If you are acting on behalf of a company, you represent that you are authorized to bind your company. You agree to provide accurate and complete information, and to update such information as necessary to keep it up-to-date and accurate. Golden Peak Media reserves the right to review all registration applications, and to accept or reject any applicant(s) in its sole judgment. You may not transfer or assign your registration to any other party.

3.3. Single User Only. Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Sites/Services if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of Golden Peak Media. You may not: (1) select or use the login credentials of another person with the intent to impersonate that person; (2) use login credentials in which another person has rights without such person’s authorization; or (3) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with these requirements will constitute a breach of these Terms of Service, which may result in immediate suspense or termination of your account.

3.4. Fees. Golden Peak Media reserves the right at any time to charge fees for access to portions of the Services or the Services as a whole. In no event, however, will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. If at any time we require a fee for portions of the Sites/Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time (see Section 12 regarding termination of your account).

3.5. Access to Makers Club, Artists Network Membership, Interweave+ Membership and other Golden Peak Media online subscription and/or membership programs requires the payment of fees to Golden Peak Media. Any such fees, and acceptable methods of payment, will be detailed in the relevant agreement, rules or guidelines governing such Service(s).

3.6. Notifications. You consent to receive notifications from us electronically to the e-mail address you provide to us. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.

3.7. Suspected Breach. If you become aware of or suspect any unauthorized use of your account, or of any other breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information you must notify Golden Peak Media immediately at [email protected].

3.8. Illegal Activity. Each User is entirely responsible for any and all activities which occur under his or her Account whether authorized or unauthorized. User agrees to notify Golden Peak Media of any unauthorized use of User’s Account or any other breach of security known or which should be known to the User. You are responsible for all usage or activity on your account with Golden Peak Media, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law-enforcement agencies.

3.9. Non-commercial Use. User’s right to use the Sites/Services is personal to the User. User agrees not to resell or make any commercial use of the Sites/Services without Golden Peak Media’s express written consent.

3.10. Excessive Activity. You agree that you will not use any robot, spider, or other automatic device on the Sites/Services or to download patterns. If we reasonably suspect any unusual or excessive download activity we reserve the right to throttle or restrict the number of downloads on or to suspend the account, in our sole discretion. You acknowledge and agree that in the event of such suspension, you may be prevented from accessing the Sites/Services, your account details or any files or other Content contained in your account.

3.11. Inactive or Multiple Accounts. You acknowledge that Golden Peak Media reserves the right to log off or suspend accounts that are inactive for an extended period of time. There is currently not a limit on the number of accounts per person with the exception of accounts set up by a user to deceive the public as to the account holder’s identity or accounts set up to deceive the public as to the true identity of the user. Attempting to create deceptive accounts may jeopardize your ability to access the Sites/Services, and your original account may be banned and/or closed. All accounts will be reviewed and approved by Golden Peak Media.

3.12. Membership Expiration. Once your membership is terminated or expired, you acknowledge that you no longer have access to any Content including patterns or projects previously downloaded, discussions, forums and the like unless you renew the Sites/Services. Golden Peak Media has no obligation to store or keep content related to expired or terminated accounts on behalf of the User.

3.13. Botnets. Golden Peak Media retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Golden Peak Media reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at Golden Peak Media’s discretion.

3.14. Disclosure of Account Information. Subject to Golden Peak Media’s Privacy Statement, you acknowledge and agree that Golden Peak Media may preserve and disclose any account information and the contents of your online communications if required to do so by law, or in good faith belief that preservation and/or disclosure is reasonably necessary for the following purposes: (a) to comply with legal process, such as a court order, search warrant, or subpoena; (b) to enforce the terms of these Terms of Service; (c) to render service you request; (d) to protect Golden Peak Media’s rights or property; or (e) in circumstances that Golden Peak Media deems, in its sole discretion, to pose a threat to the safety of you or others.

4. Terms of Sale

Each purchase of Golden Peak Media products, including digital products, subscriptions, memberships, or other goods through the Sites/Services (“Products”), is expressly made conditional on a purchaser’s assent to these Terms of Service. Purchasers must be over 18. If you are less than 18 years of age and would like to purchase Products on a Site, please ask your parent or legal guardian to review and agree to these Terms of Service before you use any part of the Sites/Services or ask them to complete the purchase and/or registration on your behalf. Golden Peak Media agrees to furnish Products only upon the terms and conditions of these Terms of Service, including without limitation, the following:

(a) Orders. All orders are subject to these Terms of Service. Golden Peak Media may decline any order for any reason. Golden Peak Media’s acceptance of any order is limited to the terms of these Terms of Service. Additional terms and conditions on any other document will have no effect. These Terms of Service may only be modified by a written agreement signed by an authorized Golden Peak Media representative. You consent to the transfer of your email address(es) when such transfer is required to complete a transaction, as set forth in Golden Peak Media’s Privacy Statement https://goldenpeakmedia.com/privacy-statement-us. You may only place orders via any Golden Peak Media-approved ordering method. Golden Peak Media has no obligation to confirm the validity of any order placed or the authority of the person placing an order through any Golden Peak Media Site or any of the Sites/Services. You bear all risk of unauthorized purchases by third parties or unauthorized persons using Purchaser’s payment method, password, or other credentials used to identify you. You may not change, cancel, or reschedule any orders without Golden Peak Media’s written consent. Any materially different terms from those described in these Terms of Service will be disclosed at the time of purchase or in other communications provided by Golden Peak Media. Registered Users can find specific details regarding a subscription by logging into their Account. Golden Peak Media reserves the right to change or terminate any offered subscriptions or promotions at any time.

(b) Taxes. You are responsible for all applicable fees and all federal, state, municipal, and other government taxes on the sale and delivery of Products.

(c) AUTOMATICALLY RENEWING SUBSCRIPTIONS AND MEMBERSHIPS.
Subscriptions and memberships (collectively and individually “Subscriptions”), which may start with a promotional rate, will auto-renew at the end of the cycle stated at the time of your order (“Billing Period”) unless and until you cancel the Subscription or we terminate it. For promotional periods of less than one month, you will not receive a notice from Golden Peak Media that the promotional period is ending. You can pay for an automatically renewing Subscription in U.S. dollars with a major credit card (“Payment Method”) or select the “Bill Me” option, to the extent such option is offered for a particular purchase. If you have created an Account, you may edit a Payment Method by logging in to your Account. Otherwise, you may edit the Payment Method by calling the customer service number associated with your Subscription. By ordering a Subscription, you authorize Golden Peak Media to charge you the Subscription fee then in effect at the beginning of each Billing Period, plus applicable taxes, to your Payment Method. Golden Peak Media will charge the Subscription fee at the start of your Subscription or, if applicable, at the end of your free trial period, and will automatically charge the rate then in effect on the first calendar day of each Billing Period thereafter unless and until your Subscription is cancelled. You acknowledge that the amount charged each Billing Period may vary for reasons that may include the expiration of promotional rates, price changes, changes to your Subscription, or changes in applicable taxes, and you authorize Golden Peak Media to charge your Payment Method for such varying amount each Billing Period. For Subscriptions of one year or longer, Golden Peak Media will notify you of the next Billing Period charge, including all applicable taxes and fees, approximately 45 days prior to the credit charge, or renewal date if you have selected “Bill Me.” You will have up to one business day prior to the start of the next Billing Period to cancel or the Payment Method will be charged. Golden Peak Media reserves the right to change the timing of billing, in particular, in the event your Payment Method has not successfully settled. If your Payment Method is declined for a recurring payment of your Subscription fee or if you selected “Bill Me” and have not paid by the time the Subscription renews, you have three days to provide us a new Payment Method or make payment or your subscription will be canceled.

(d) One-Time Purchases. When you purchase a stand-alone product, such as a gift subscription, we will charge your Payment Method at the time of purchase.

(e) CANCELLATIONS AND REFUNDS. You can cancel your Subscription at any time. You must cancel your Subscription at least one day before it renews each Billing Period to avoid charging of the next Billing Period’s Subscription fees to your Payment Method. If you cancel during a Bill Period, you will (1) receive a refund for all unmailed magazines, or (2) for digital Subscriptions, you will be able to access the content for the remainder of the Bill Period but will not receive a refund. Any purchases of a Subscription through a third party are subject to that third party’s cancellation policies and procedures.

(f) Remedies. In the event of your default under these Terms of Service, Golden Peak Media shall have available all rights and remedies at law or in equity. You agree to pay Golden Peak Media all costs and expenses, including attorneys’ fees, incurred by Golden Peak Media in exercising any of its rights and remedies. No failure on the part of Golden Peak Media to exercise and no delay in exercising any right or remedy shall operate as a waiver thereof. No waiver by Golden Peak Media of any default shall constitute a waiver by Golden Peak Media of any additional or subsequent default.

5. Your Responsibilities

You acknowledge that you are responsible for whatever material you submit or is submitted through your Account, including its legality, reliability, appropriateness, originality, or copyright. If Golden Peak Media makes available a discussion group or bulletin board on a Site, you warrant that your use of such features is for lawful purposes only and subject to these Terms of Service, as outlined below.
By uploading, placing or downloading material on a Site, including intellectual property, data, documents, text, images, graphics, video, messages, tags, audio files, other audio-visual or other material content to a Site (Collectively referred to herein as “User Content”), you represent and warrant: (a) You own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under these Terms of Service; and (b) the User Content will not cause injury to any person or entity.

Golden Peak Media makes no representations with respect to the accuracy, integrity, or quality of any such User Content, and shall not in any way be liable for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Sites/Services. You are solely responsible for any User Content you post on the Sites/Services.
You acknowledge that Golden Peak Media has the right (but not the obligation), in Golden Peak Media’s sole discretion, to view, move, remove, block, edit, or refuse any Content, including User Content, for any reason, including, without limitation, that such User Content violates these Terms of Service or is otherwise objectionable.

If you upload, post or submit any content on a Site, you represent to us that you have all the necessary legal rights to upload, post or submit such content and it will not violate any law or the rights of any person.

You understand that by using the Sites/Services you may be exposed to Content that you may find offensive, indecent, or objectionable and that, in this respect, you use the Sites/Services at your own risk. Golden Peak Media shall have the right, but not the obligation, to remove any Content that is violative of any law, regulation, or guideline, or that it deems offensive, in its sole discretion.

6. Rights in your Content; Unsolicited Information and Ideas

You represent that you have the right to post or transmit such User Content, and, by posting or transmitting such User Content, you give Golden Peak Media a license to publish and distribute such User Content though the Sites/Services and to incorporate such User Content into other works in any format or medium now known or later developed, in perpetuity, without compensation (unless prohibited by law). You are solely responsible for protecting and enforcing any intellectual property and other rights in your User Content; Golden Peak Media shall have no obligation to do so on your behalf.

Any communications you send to Golden Peak Media or its Sites/Services by e-mail or any other means are not confidential and Golden Peak Media is under no obligation to refrain from reproducing, publishing (except for Personal Information, as defined in Golden Peak Media’s Privacy Statement https://goldenpeakmedia.com/privacy-statement-us), or otherwise using them in any way or for any purpose. Golden Peak Media shall be free, but is under no obligation, to use the content of any such communications, including any ideas, inventions, concepts, or techniques for any purpose, including development, manufacture, market, and sale.

7. Prohibited Uses

You may not access or use, or attempt to access or use, the Sites/Services to take any action that could harm us or a third party. You may not use the Sites/Services in violation of applicable laws, including export controls and sanctions, or in violation of our or any third party’s intellectual property or other proprietary or legal rights. You further agree that you will not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Sites/Services, or any content of the Sites/Services (including patterns) or make any unauthorized use of the Sites/Services. You agree that you will not engage in any activity that, in Golden Peak Media’s sole judgment, interferes with or disrupts the Sites/Services, the servers and networks which are connected to the Sites/Services, or the activities of others on the Sites/Services or the quiet enjoyment of others on the Sites/Services.

Without Golden Peak Media’s prior written consent, you shall not:

(a) access any part of the Sites/Services, Content, data or information you do not have permission or authorization to access or for which Golden Peak Media has revoked your access;

(b) use robots, spiders, scripts, services, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Sites/Services, or otherwise use, access, or collect the Content, data or information from the Sites/Services using automated means;

(c) use the Content for the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (“AI”) system.

(d) use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Sites/Services in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Sites/Services;

(e) cache or archive the Content (except for a public search engine’s use of spiders for creating search indices);

(f) take action that imposes an unreasonable or disproportionately large load on our network or infrastructure; and/or

(g) do anything that could disable, damage or change the functioning or appearance of the Sites/Services, including the presentation of advertising.

Without limiting any other provision of these Terms of Service, you agree that you will not submit to or transmit through a Site any material, or otherwise engage in any conduct with (or on) the Sites/Services that:

(a) violates or infringes the rights of Golden Peak Media or others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy, proprietary and/or intellectual property rights;

(b) is inaccurate, unlawful, discriminatory, threatening, abusive, harmful, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, pornographic, obscene, offensive, or otherwise objectionable to Golden Peak Media or other uses of a Site;

(c) victimizes, harasses, degrades, intimidates, discriminates against, or retaliates against an individual or group of individuals on the basis of religion, sex, race, national origin, age, physical or mental disability, sexual orientation, or other characteristics protected by applicable state or federal law;

(d) collects, stores, and/or discloses personal data about other others unless specifically authorized by such others;

(e) impersonates any person, business or entity, including Golden Peak Media, and Golden Peak Media’s employees and agents;

(f) misrepresents your affiliation with a person or entity;

(g) that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;

(h) attempts to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining, or any other means;

(i) transmits or otherwise make available any unsolicited or unauthorized advertising, spam, bulk or unsolicited communications or posts third-party advertisements, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(j) would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations or other government requirements or rules having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm, or that otherwise could constitute a criminal offense or give rise to civil liability;

(k) violates these Terms of Service, guidelines, or any policy Golden Peak Media posts on a Site;

(l) disrupts the normal flow of dialogue or negatively affects or interferes with other users’ ability to use a Site;

(m) acts in a manner that negatively affects other users’ quiet enjoyment of the Sites/Services;

(n) forge headers or otherwise manipulate identifiers in order to disguise the origin of any pattern or Content transmitted through the Sites/Services;

(o) makes available any pattern or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

(p); spreads harmful advice, hoaxes, or other disinformation;

(q) treats other Users discourteously or disrespectfully;

(r) disobeys any requirements, procedures, policies, or regulations of networks connected to the Sites/Services;

(s) intentionally or unintentionally violates any applicable local, state, national or international law, including any regulations having the force of law;

(t) “stalk,” “troll,” or otherwise harass another;

(u) sets ups additional account(s) to be used for deceptive purposes; and/or

(v) harms minors in any way.

In a community of diverse opinions and preferences, people will disagree. While Golden Peak Media respects debates on the Content or User Content, personal attacks are a direct violation of these Terms of Service and are grounds for immediate and permanent suspension of access to all or part of any of the Sites/Services.

Engaging in a prohibited use of the Sites/Services may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.

8. Copyright and Trademark Information

The contents of the Sites/Services are intended for your personal, non-commercial use. All materials published or available on the Sites/Services(including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, compilations, or advertisements, all also known as the “Content”) are protected by copyright, and owned or controlled by Golden Peak Media or the party credited as the provider of the Content. Golden Peak Media also owns copyright in the selection, coordination, compilation, and enhancement of such Content (“Arrangement”). Except for personal non-commercial use of materials on the Sites/Services, any use, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Golden Peak Media, is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy any part or all of the Sites/Services or the content contained therein without prior written permission of an authorized officer of Golden Peak Media. You agree that you will not use the Sites/Services or the Content, without the prior written consent from Golden Peak Media in connection with: (1) the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system; or (2) providing archived or cached data sets containing Content to another person or entity.

Golden Peak Media™ and Golden Peak Media logos and other trademarks are proprietary marks of Golden Peak Media and may not be used in connection with any product or service that is not provided by Golden Peak Media, in any manner that is likely to cause confusion among clients, or in any manner that disparages or discredits us. Nothing contained herein shall be construed as conferring any license or right under any Golden Peak Media patent, copyright or trademark.

All other trademarks displayed on the Sites/Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those third parties. In addition, such use of trademarks or links to the Web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Golden Peak Media or the Sites.
The Content are protected by copyrights, trademarks, patents, trade secrets, database rights, sui generis rights and other intellectual or proprietary rights in or to the Content pursuant to U.S. and international laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in these Terms of Service), create new works from, distribute, perform, display (including framing and inline linking), communicate to the public or in any way exploit, any of the Content (or its Arrangement or Software) in whole or in part.

You may download or copy the Content and other downloadable items displayed on the Sites/Services for your personal use only, provided that you maintain all copyright and other notices contained in the Content and other downloadable items. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Golden Peak Media, or the copyright holder identified in the copyright notice contained in the Content.

9. DISCLAIMER OF WARRANTIES.

EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GOLDEN PEAK MEDIA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE EXCLUSIVE REMEDIES UNDER THE APPLICABLE WARRANTY ARE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS.

GOLDEN PEAK MEDIA IS NOT LIABLE FOR ANY DAMAGES YOU SUFFER FROM USE OF THE SITES/SERVICES OR ANY OF THE PRODUCTS PURCHASED FROM GOLDEN PEAK MEDIA. THE MATERIALS AND PRODUCTS ARE PROVIDED “AS IS.” GOLDEN PEAK MEDIA MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO, AND SPECIFICALLY DISCLAIMS LIABILITY FOR, THE AVAILABILITY, USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY OR COMPLETENESS OF THE SITES/SERVICES OR ITS CONTENT.

GOLDEN PEAK MEDIA MAKES NO WARRANTY OR REPRESENTATION THAT: (a) ACCESS TO THE SITES/SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL OR PRODUCTS PURCHASED OR OBTAINED FROM THE SITES/SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS EXCEPT AS EXPLICITLY SET FORTH IN THESE TERMS OF SERVICE; or (c) ANY ERRORS IN THE SITES/SERVICES, OR ANY SOFTWARE WILL BE CORRECTED; or (d) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE/SERVICES WILL BE ACCURATE OR RELIABLE.

WE CANNOT AND DO NOT GUARANTEE THAT ANY OF THE SITES/SERVICES WILL BE FREE FROM VIRUSES OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE ELEMENTS. IT IS YOUR RESPONSIBILITY TO IMPLEMENT APPROPRIATE IT SECURITY SAFEGUARDS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS AS TO THE SAFETY AND RELIABILITY OF THE SITES/SERVICES. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING, ACCESSING, OR OBTAINING ANY CONTENT FROM THE SITES/SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE/SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

SUBJECT TO GOLDEN PEAK MEDIA’S PRIVACY STATEMENT, GOLDEN PEAK MEDIA MAKES NO WARRANTY OR REPRESENTATION THAT ITS HOSTING OF ANY DATA OR INFORMATION COMPLIES WITH LOCAL, STATE, OR FEDERAL RECORDS RETENTION REQUIREMENTS AND HAS NO OBLIGATION TO RETAIN ANY DATA OR INFORMATION AFTER THE TERMINATION OF YOUR ACCOUNT OR REGISTRATION. YOU ARE SOLELY RESPONSIBLE FOR THE BACKUP OF ANY AND ALL DATA OR INFORMATION YOU POST OR SUBMIT TO THE SITES/SERVICES AND GOLDEN PEAK MEDIA HAS NO LIABILITY OF ANY KIND FOR ANY LOSS OF DATA OR INFORMATION.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOLDEN PEAK MEDIA OR THROUGH OR FROM THE SITES/SERVICES OR SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY.

IN NO EVENT WILL GOLDEN PEAK MEDIA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THE SITES/SERVICES OR PURCHASES MADE THROUGH THE SITES/SERVICES, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE), EVEN IF GOLDEN PEAK MEDIA HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE OR ACCESS THE SITES, SITES/SERVICES, OR CONTENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITES/SERVICES; (c) LATE SHIPMENT OR DELIVERY, OR DAMAGE TO GOODS IN TRANSIT (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES/SERVICES, INCLUDING WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (e) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, RELY ON, OR DISTRIBUTE; OR (f) THE LOSS OF ANY DATA, INFORMATION, OR CONTENT SUBMITTED OR POSTED TO THE SITES/SERVICES.

IN NO EVENT WILL GOLDEN PEAK MEDIA’S LIABILITY OR THE LIABILITY OF GOLDEN PEAK MEDIA’S LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS IN CONNECTION YOUR USE OF THIS SITES/SERVICES, UNDER ANY THEORY OF RECOVERY, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE PRODUCTS THAT GIVE RISE TO THE CLAIM.

FORCE MAJEURE: GOLDEN PEAK MEDIA SHALL NOT BE LIABLE FOR ANY ACTIONS OR FAILURE TO ACT DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, OR DUE TO ACTS OF GOD, ACTS OF PURCHASER, ACTS OF CIVIL OR MILITARY AUTHORITY, PRIORITIES, FIRES, STRIKES, FLOODS, EPIDEMICS, QUARANTINE RESTRICTIONS, WAR, RIOTS, DELAYS IN TRANSPORTATION, CAR SHORTAGES, AND INABILITY DUE TO CAUSES BEYOND ITS REASONABLE CONTROL TO OBTAIN NECESSARY LABOR, MATERIALS, OR PROCESSING FACILITIES.

THESE TERMS OF SERVICE DEFINES YOUR SOLE AND EXCLUSIVE REMEDY.

TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

11. Indemnification

You agree to indemnify and hold Golden Peak Media, its parents, predecessors, subsidiaries, assigns, agents, attorneys, trustees, trusts, trust beneficiaries, directors, partners, joint venturers, stockholders, affiliates, officers and employees, harmless from each and any claim or demand, including but not limited to reasonable attorneys’ fees and costs, due to or arising out of: pattern(s) or Your Content you submit, post, transmit or otherwise make available through the Sites/Services; your connection to the Sites/Services, your use of the Sites; your unsanctioned or unauthorized use or installation of any Products, your misuse of any Products, or your use or installation of any Products in a way that does not conform to these Terms of Service or any applicable instructions, including without limitation, use or installation that may void any applicable warranty hereunder; your violation of these Terms of Service; or your (or other user of the Sites using your computer or Account) infringement of any intellectual property or any other right of any person or entity.

12. Termination

(a) By Golden Peak Media. You agree that Golden Peak Media may, in its sole discretion, terminate your access to all or part of any of the Sites/Services, for any reason, with or without notice. A termination of an account, whether temporary or permanent, may include limitations to accessing any Sites/Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Sites/Services. Further, you agree that Golden Peak Media shall not be liable to you or any third party for any termination of your account, any associated Content, pattern(s) or access to the Sites/Services.

(b) By You. You may terminate your account and delete your account data at any time for any reason by emailing us at [email protected] and requesting an account deletion. Termination of paid subscriptions, memberships or services will be governed by the cancellation and refund policies in these Terms of Service.

(c) The provisions of these Terms of Service will survive the termination of your account or access to all or part of the Sites/Services.

13. Privacy Policy

For information on how Golden Peak Media collects, uses and shares any personal information, please see our Privacy Policy. If you reside outside of the European Economic Area, your acceptance of these Terms of Service constitutes your consent to the processing activities described in our Privacy Policy under the laws of your jurisdiction. Our Privacy Policy explains the practices that apply to your information. The Privacy Policy is fully incorporated herein by reference. Your ongoing use of a Site signifies your consent to the information practices disclosed in Golden Peak Media’s Privacy Statement https://goldenpeakmedia.com/privacy-statement-us.

14. Third-Party Sites

Our Sites/Services may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that Golden Peak Media is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and Golden Peak Media is not responsible for your use of said third-party sites. Golden Peak Media encourages you to review said privacy policies of third-party sites.

Without limiting the preceding paragraph, You may be exposed to advertising on a Site or through the Sites/Services or related communication from Golden Peak Media or its advertisers and sponsors. Golden Peak Media may also provide one or more Sites/Services through which users can transact with one another. Other than as explicitly set forth in a particular agreement or governing guideline, your correspondence or business dealings with, or participation in promotions of, advertisers or other users found on or through the Sites/Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other party. You agree that Golden Peak Media shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or other users on a Site or the Sites/Services. BECAUSE GOLDEN PEAK MEDIA IS NOT INVOLVED IN TRANSACTIONS BETWEEN YOU AND ANY ADVERTISER OR OTHER USER, IF A DISPUTE ARISES BETWEEN YOU AND AN ADVERTISER OR OTHER USER, EACH OF YOU RELEASE GOLDEN PEAK MEDIA (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

15. Governing Jurisdiction and Conflict of Laws

These Terms of Service have been made and will be construed and enforced in accordance with the laws of the United States of America and the State of New York as an agreement wholly performed in the State of New York without regard to their conflict of law provisions and the United Nations Conventions on Contracts (if applicable).

Any claim or cause of action arising out of or related to use of a Site or Sites/Services or these Terms of Service must be filed within 180 days after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms of Service will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.

You agree to litigate solely on an individual basis, and that these Terms of Service does not permit class action litigation or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding, and you expressly waive all such rights to bring or participate in class action. In the event the prohibition on class action litigation is deemed invalid or unenforceable, then the remaining portions of this provision will remain in force.

16. Waiver of Class Actions Status and Mandatory Arbitration

16.1 Binding Arbitration. You and Golden Peak Media acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, you and Golden Peak Media agree that, except for i) statutory or common law claims related to intellectual property, and ii) any claims that may be brought in small claims court where the amount in controversy is properly within the jurisdiction of such court (collectively, “Excluded Claims”), any controversy or claim arising out of or relating to the Terms of Service, your relationship to Golden Peak Media as a subscriber or member, or your use of any Sites/Serviced, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (the “Covered Claims”), will be resolved by binding, individual arbitration. YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL COVERED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY. INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR.

16.2 WAIVER OF CLASS ACTIONS. YOU AND GOLDEN PEAK MEDIA AGREE THAT EACH PARTY MAY BRING DISPUTES RELATING TO BOTH COVERED CLAIMS AND EXCLUDED CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT OR A CLASS ARBITRATION.

16.3. Conduct of Arbitration and Governing Rules. Arbitrations for any disputes between us relating to the Covered Claims will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules and the Supplementary Rules for Multiple Case Filings (collectively, the “AAA Rules”). For more information about arbitration, the AAA and the arbitration process, please consult the American Arbitration Association web site at adr.org. All issues are for the arbitrator to decide, except issues relating to the scope, application, and enforceability of the arbitration provision–including whether any claims are Covered Claims or Excluded Claims within the meaning of this provision–are for the court to decide. As stated in Section 15, New York law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.Prior to initiating arbitration for a Covered Claim, both parties agree that they will provide individualized written notice of the potential claim to the opposing party setting forth: (1) the factual and legal basis for the claim; (2) contact information for the potential claimant and their counsel, if any; and (3) the remedies sought, including the amount of claimed monetary damages (the “Notice”). Following receipt of the Notice by the opposing party, the parties agree to make a good faith effort for at least 30 days to resolve the claim before resorting to more formal means of resolution, including, without limitation, arbitration or any court action. To provide notice of a claim to Golden Peak Media, write to [email protected].
Unless you and Golden Peak Media agree otherwise in writing, any hearings for the arbitration will take place in a location to be determined in accordance with the AAA Rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys’ fees, associated with that claim.
Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the County of New York in the State of New York. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties.

16.4 Excluded Claims. For all litigation regarding Excluded Claims and any other controversy or claim for which arbitration is denied, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in the County of New York in the State of New York.

17. Other Terms

17.1. Waiver and Severability of Terms. The failure of Golden Peak Media to exercise or enforce any right or provision of these Terms of Service or any agreement shall not constitute a waiver of such right or provision or a waiver of our rights to act with respect to similar breaches. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service shall remain in full force and effect.

17.2. Assignment by Golden Peak Media. You agree that these Terms of Service and any other agreements referenced herein may be assigned by Golden Peak Media, in Golden Peak Media’s sole discretion, to a third party, without requiring your consent.

17.3. No Right of Survivorship and Non-Transferability/Non-assignability. You agree that your account is non-transferable and non-assignable, and any rights to your ID, pattern(s) or Content within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all content and data therein permanently deleted to the extent permitted by applicable law.

17.4. Entire Agreement. These Terms of Service and any agreements, guidelines, policies, or other documents incorporated by reference herein or applicable to particular services constitute the entire agreement between you and Golden Peak Media and govern your use of the Sites/Services and Content, superseding any prior agreements between you and Golden Peak Media with respect to the Sites/Services and Content. These Terms of Service shall apply in addition to, and shall not be superseded by, any other written agreement relating to your participation as a User unless expressly agreed to in writing signed by Golden Peak Media. No agent or other person is authorized to modify these Terms of Service or to make any warranty or representation which is different than, or in addition to, the warranties and representations of these Terms of Service.

17.5. Notices. You shall send any notices required under these Terms of Service by email to [email protected].

17.6 Limitations Period. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any Sites/Services or these Terms of Service must be filed within 180 days after such claim or cause of action arose or be forever barred.

17.7 Headings. Section headings are included in these Terms of Service for convenience only. They are not to be considered a part of the Terms of Service and are not intended to be a full and accurate description of the contents hereof.

17.8 Survival. All provisions of Section 1.4, Section 1.6, Section 3.12, Section 4(e), Section 4(f), Section 5, Section 6, Section 7, Section 8, Section 9, Section 10, Section 11, Section 12, Section 13, Section 14, Section 15, Section 16, Section 17, and any other provisions of this Terms and Service which by their terms call for performance subsequent to the termination of these Terms and Service (whether or not such provisions expressly state that they shall so survive) shall survive termination of these Terms of Service, your relationship with us, and/or your account or profile.

17.9 Additional Acknowledgments. By using any part of the Site or Sites/Services, you acknowledge that: (i) You are entering into these Terms of Service voluntarily and without any duress or undue influence; (ii) You have carefully read these Terms of Service and fully understand their terms, consequences, and binding effect; (iii) You have sought the advice of an attorney of your choice if so desired prior to entering into these Terms of Service; and (iv) You understand that using any part of the Site or Sites/Services or by otherwise performing under these Terms of Service, you agree to be bound by them.