Terms & Conditions
By submitting a story to Turn It Gold, you agree to the following terms of service and use:
The Terms were last updated on December 30,2016.
The Terms are organized as follows:
- Permitted Uses
- Availability of the Site
- Ownership of the Site
- Transmission of Information
- Your Conduct on our Site
- Use of Site
- Modification of this Agreement
- Copyright and Trademarks
- Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures
- Disclaimer of Warranty
- Limitation of Liability
- Dispute Resolution
- User Communications
- Websites of Others
- Public Nature of Your Statements
- License Grant
- Additional Disclosures
1. Permitted Uses
The Site provides an interactive service operated by Turn It Gold, (the “Application”) consisting primarily of story submission, release, reviewing and sharing services on behalf of certain persons regarding stories of giving (“Persons”).
As a condition of your use of the Site, you agree that:
- You are a natural person and are at least 18 years of age;
- You possess the authority to create a binding legal obligation;
- Your use of the Site will at all times comply with the terms of this Agreement;
- You intend to submit, share or view stories without any expectation of remuneration:
2. Availability of the Site
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated. Turn It Gold retains the right at our sole discretion to deny service or access to the Site to anyone within its control, at any time and for any reason.
3. Ownership of the Site
The content and information on the Site as well as the infrastructure used to provide the content and information is proprietary to us. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, stories, software, products or services obtained from or through the Site.
4. Transmission of Information
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with Turn It Gold and the Site while it is being transmitted. In addition, Turn It Gold is not responsible for any data lost during transmission.
5. Your Conduct on our Site
- Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your Turn It Gold subscription account or in order to create multiple Turn It Gold subscription accounts;
- Attempting to or actually accessing data not intended for you;
- Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
- Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by Turn It Gold;
- Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
- Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Turn It Gold;
- Reselling or repurposing the content on the Site;
- Using the Site or any of its resources to solicit Site users, Persons or other business partners of Turn It Gold to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Turn It Gold, including without limitation, aggregating current or previously offered deals;
- Using any user or Person’s information from the Site for any commercial purpose, including, but not limited to, marketing;
- Accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Attempting to or actually engaging in reverse engineering or jeopardizing the correct functioning of the Site, or otherwise deriving the source code of the software that enables or underlies the Site, including, but not limited to, the tools, methods, processes and infrastructure;
- Uploading or transmitting any form of virus, worm, Trojan horse or other malicious code;
- Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
- Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
- Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission.
- Deep-linking to any portion of this Site (including, without limitation, the path for any discount offer) without our express written permission;
- Acting illegally or maliciously against the business interests or reputation of Turn It Gold, our Merchants or our services; or
- Hyperlinking to the Site from any other application or website without our initial and ongoing consent.
6. Use of Site
If you commit fraud or falsify information or violate any provision in Paragraph 5 or applicable law in connection with your use of the Site or in connection with Turn It Gold, we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
7. Modification of this Agreement
We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to requirements for access or use.
8. Copyright and Trademarks
This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Turn It Gold owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Turn It Gold or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Turn It Gold is a trademark of Turn It Gold. It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with Turn It Gold shall not be deemed to be in the public domain but rather the exclusive property of Turn It Gold, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Turn It Gold unless otherwise stated.
You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Turn It Gold does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted Turn It Gold the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, and store or reproduce the material for that user’s personal use. You also grant Turn It Gold the right to edit, copy, publish and distribute any material that you make available on this Site.
9. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures
Turn It Gold reserves the right to terminate its agreement with you or any other user who infringes third-party copyrights.
If you believe that any material has been posted via the Site by a user in a way that constitutes copyright infringement, you shall provide Turn It Gold with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for Turn It Gold’s DMCA Agent for notice of claims of copyright infringement is:
Turn It Gold, Attn: Copyright Agent, 14027 Memorial Dr., Ste. 142
Houston, TX 77079-6826; firstname.lastname@example.org
10. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER TURN IT GOLD, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, OR SERVICE PROVIDED THROUGH THIS SITE. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TURN IT GOLD HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
11. Limitation of Liability
12. Dispute Resolution
To the extent allowed by applicable laws, any claim or course of action arising from or relating to your access or use of the Site must be brought within one year from the date on which the claim or cause of action arose or occurred. We will make every reasonable effort to resolve any disagreements that you have with Turn It Gold. If those efforts fail, by using this Site you agree that any claim, dispute, or controversy you may have against Turn It Gold arising out of, relating to, or connected in any way with this Agreement, this Site or any discount offer you receive or redeem through this Site, shall be resolved exclusively UNDER THE LAWS OF THE State of Texas. Any legal action or proceeding arising out of or relating to the Turn It Gold site, including its content, shall be brought exclusively in the federal or state courts located in Harris County, Texas and you agree to the personal jurisdiction and venue therein.
13. User Communications
Turn It Gold in some instances may allow you and other users to use the Site to express opinions and communicate through any created forums, bulletin boards, discussion groups, chat rooms, social media, or other communication facilities that may be offered on or through the Site from time to time (collectively “Communities”). Turn It Gold shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Turn It Gold Fund, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Turn It Gold shall have the right, but not the obligation, to remove any material from the Communities that Turn It Gold, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other user to the Communities (collectively, “Statements”), are those of the respective authors or distributors and not of Turn It Gold.
14. Websites of Others
The Site may contain links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.
15. Public Nature of Your Statements
You understand and agree that all Statements are public and not private. Any other person (whether or not a user of Turn It Gold’s services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. Turn It Gold does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Site are not confidential.
16. License Grant
By posting Statements or other information on or through the Communities, or submitting stories through our Site, you grant Turn It Gold a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, create derivatives, perform, and display the Statements or story submissions alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.
You agree to defend, indemnify and hold harmless Turn It Gold, its subsidiaries, affiliates and their respective members, directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site or any use of the Site in violation of these Terms.
You are solely responsible for your interactions with other users of the Site. To the extent permitted under applicable laws, you hereby release Turn It Gold from any and all claims or liability related to any product, service, or story of a person, any action or inaction by a Person, including a Person’s failure to comply with applicable law and/or failure to abide by the terms of an Turn It Gold discount offer, and any conduct or speech, whether online or offline, of any other user.
20. Additional Disclosures
No waiver by either you or Turn It Gold of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.
Turn It Gold, is located at 14027 Memorial Dr., Ste. 142, Houston, TX 77079-6826.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Any and all law enforcement and governmental bodies may be contacted regarding perceived or reported improper User activity. We may disclose, without consent or notice, any and all User information, including but not limited to, story submissions, IP numbers, account history, use, or data to any court or law enforcement agency that requests such information, upon receipt of a subpoena, warrant or other legally binding order, or as otherwise permitted by applicable law or regulation.
This Site contains services and features that are available to certain mobile phones. Your carrier’s normal rates and fees apply. If Turn It Gold charges you for a mobile service, you will be first notified and asked to accept any charges. Not all mobile services will work with all carriers or devices. You should check the rates and services offered by your carrier. By using Turn It Gold’s mobile services, you agree we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
Turn It Gold may elect, in its sole discretion, to change, edit or discontinue the Application at any time, without prior notice. Turn It Gold may assign, convey or otherwise transfer or delegate the Application and this Agreement, or any rights or obligations under this Agreement to any third party, without restriction.