Terms and Conditions

This website is provided for your information and we hope you enjoy using it. Please browse the website and make use of its various features, but please be aware that your use of the website is subject to the following Terms and Conditions (defined below). If you do not agree to these Terms and Conditions, please do not use this website.

1. Ownership and Operation

This website belongs to GlobeScan Incorporated. ("GlobeScan"). For the purposes of this document, GlobeScan shall also be referred to as "we" and "our".

2. Agreement to be bound by these Terms and Conditions

Your use of this website and any services, data, software, applications, or other material provided to you on, or from, or through the website by GlobeScan (collectively called the "Services"), is subject to the terms of a legal agreement between you and GlobeScan. In addition to the Terms and Conditions, the legal agreement includes the Privacy Policy and the Code of Conduct (collectively called the "Policies"). To the extent of any conflict between the Terms and Conditions and any other Policies, the Terms and Conditions shall prevail.

3. Continuing Agreement

We may change or revise these Terms and Conditions from time to time by updating this posting, so please visit this area each time you visit the website to keep up to date with the current Terms and Conditions. Your use of the website reaffirms your continuing agreement to the then-current Terms and Conditions.

4. Eligibility and Access

You may not use the website and may not accept the Terms and Conditions if you are (a) below the age of eighteen (18).

Access to the website is permitted on a temporary basis, and we reserve the right in our sole discretion to modify or discontinue the website or specific portions of it without notice to you. We will not be liable if for any reason our site is unavailable at any time or for any period.

Subject to applicable law, we reserve the right to suspend or terminate access to the website and/or the Services without notice for failure to comply with the Terms and Conditions or the Policies, for infringing copyright or for any other reason (including repeat minor offences). The decision to terminate an individual's access to the website or the Services shall be final and binding.

5. Registration

If you are invited to register, we will ask you to provide information which is personal to you, such as your name, email address, country and/or organization/company name.

You will be responsible for all activities occurring under your registration. If you become aware of any breach of security or unauthorized use of your registration details, you must notify GlobeScan immediately.

You agree to provide accurate and complete information when registering and using the website and the Services, and you agree to keep your information up to date. You agree that GlobeScan may store and use your information for the purposes envisaged under these Terms and Conditions and in accordance with the Privacy Policy.

6. Privacy

GlobeScan takes your privacy very seriously and will use and protect any personal information you provide on this website in accordance with our Privacy Policy.

7. User Submissions

Certain portions of the website may invite or enable you to post, upload, embed, display or otherwise communicate text, messages, photos, videos, sound recordings, music (including lyrics), graphics, drawings, suggestions, ideas (including product and advertising ideas), your and/or other persons' names, likenesses, voices, usernames, performances and other information, materials or content owned or created by you (collectively, "User Submissions").

GLOBESCAN WILL CONSIDER USER SUBMISSIONS AS NON-CONFIDENTIAL AND NON-PROPRIETARY AND SHALL BE UNDER NO OBLIGATION TO MAINTAIN THE CONFIDENTIALITY OF ANY INFORMATION CONTAINED IN YOUR USER SUBMISSION.

You warrant and represent that you have (and will continue to have during your use of the website) all necessary rights, licenses, consents and permissions which are required to enable GlobeScan and other participants to use your User Submissions for the purposes envisaged by the website and these Terms and Conditions.

You further warrant and represent that you have the consent, release, and/or permission of each and every identifiable individual in your User Submissions to use his or her name or likeness in the manner contemplated by the website and the Services or other materials on or available from the website.

In connection with User Submissions, you agree that:

(i) you will not submit any User Submission that is subject to any right of a third party including, without limitation:

1. copyright, patent, trade mark, trade secret, or other proprietary or contractual right;

2. right of privacy or publicity; or

3. confidential information

unless you are the owner of such rights or have permission from the rightful owner(s) to submit the User Submission and to grant the rights herein;

(ii) neither the User Submissions, nor the use of the User Submissions as permitted in these Terms and Conditions, will infringe upon or violate the rights of any person or entity or any applicable laws;

(iii) you will not submit User Submissions that are unlawful for you to possess in the country in which you are resident, or which it would be unlawful for GlobeScan to use or possess in connection with the provision of the website or the Services; and

(iv) you will not submit a User Submission that:

1. is illegal or encourages or condones illegal acts or the discussion of illegal acts with the intent to commit them, including drug dealing, drug abuse, child pornography, physical or sexual assault, stalking, theft, fraud or conspiracy to commit a criminal act;

2. is defamatory, threatening, abusive, harassing or an invasion of privacy;

3. is discriminatory or prejudicial based upon race, color, religion, gender, sexual orientation, age, disability or otherwise;

4. is obscene, pornographic or otherwise sexually explicit;

5. is dangerous, irresponsible or antisocial or encourages or condones dangerous, irresponsible or antisocial behavior;

6. contains a virus or other harmful component, or otherwise impairs, interrupts or damages the website, the Services or any connected network, or otherwise interferes with a person's use or enjoyment of the same; or

7. contains any advertisement, solicitation, chain letter, pyramid scheme, investment opportunity or other unsolicited commercial communication.

You understand and agree that you are solely responsible for your own User Submissions and the consequences of your posting or publishing them.

In addition, you understand and agree that when using the website, you may be exposed to User Submissions posted and/or submitted by other users. GlobeScan is not in any manner responsible for User Submissions, and does not guarantee the accuracy, integrity, quality or intellectual property rights of, or relating to, such User Submissions. In addition, GlobeScan cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Submissions will not appear on the website.

Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Submissions are not necessarily those of GlobeScan. GlobeScan expressly disclaims any and all liability in connection with any User Submission. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GlobeScan with respect to any User

Submissions.

By uploading User Submissions you understand that they may be available to the public and you agree not to assert in any part of the world any claim for invasion of privacy, breach of your rights under applicable data protection law or statute or appropriation of your right of publicity arising from or out of GlobeScan's use of your User Submissions in accordance with these Terms and Conditions. You acknowledge and understand that GlobeScan will consider User Submissions as non-confidential and non-proprietary and does not guarantee any confidentiality with respect to User Submissions.

8. Removal of User Submissions

Without prejudice to our other rights under these Terms and Conditions or at law, GlobeScan reserves the right in their absolute discretion and without prior notice to refuse to post, exclude or remove any User Submission from the website that violates the Terms and Conditions and/or the Policies.

9. Identifying Users and Disclosing User Submissions to Third Parties

GlobeScan will fully cooperate with any law enforcement authorities, court order or subpoena requesting or directing GlobeScan to disclose the identity of anyone posting User Submissions. To the extent we can do so by law, we reserve the right to identify any user to third parties and/or disclose any User Submission or personal data to any third party claiming that a User Submission infringes their intellectual property rights or their right to privacy. We may also disclose such information if we believe in good faith that such disclosure is reasonably necessary to protect the rights, property, or personal safety of GlobeScan or members of the public.

10. Moderation

Although GlobeScan is not under an obligation to review or monitor User Submissions, we reserve the absolute right to do so in our sole discretion. In addition, we reserve the right at all times to alter, edit, refuse to post or remove any User Submissions from the website, in whole or in part, for any reason or for no reason and without prior notice. You agree that GlobeScan has no obligation to use or respond to any User Submission.

If you upload User Submissions to the website, or make contact with other users of the website, you must comply with the Code of Conduct.

11. Ownership and Use of Website Materials, Products and Services

With the exception of User Submissions, Anglo American and/or GlobeScan own the copyright and other rights for all of the material on the website or have a valid right from a third party to use material on the website. Anglo American and/or GlobeScan also own or have a valid right to use all trademarks, service marks, graphics and logos used on this website. Unless expressly stated, no part of the website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, trade mark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other website or computer network without our written consent is strictly prohibited. Your use of the trademarks, service marks, graphics and logos on this website in any manner other than as authorized in these Terms of Use, or as authorized in writing by Anglo American and GlobeScan, is strictly prohibited.

If you download software or other digital content, including apps, from this website ("Products"), the Products, and all files, images and data relating thereto, will be licensed to you by GlobeScan. You do not own the downloaded Products, and we do not transfer ownership of the Products to you. GlobeScan retains full ownership of and title to the downloaded Products and all intellectual property rights related thereto. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Products to a human-readable form.

12. Ownership of User Submissions

You shall retain all of your ownership rights in your User Submissions, but you are required to grant limited rights to Anglo American, GlobeScan and other users of the website.

In return for using the website and the Services, you grant Anglo American and GlobeScan a non-exclusive, irrevocable, worldwide, transferable license (with full right to sub-license) to use your User Submissions in any media format and through any media channel in perpetuity and free of charge. Such use shall include reproducing, copying, editing, adapting, making derivative works from, making available for download, synchronizing, displaying, publicly performing, transmitting, broadcasting, publishing, distributing, sub-licensing and deleting your User Submissions.

You agree that we may use your name to attribute your User Submission to you (although we shall not be obliged to do so).

13. License to Other Users of the Website

You also grant to each user of the website, a non-exclusive, worldwide license to access your User Submissions through and on the website free of charge, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions to the extent permitted on the website and by the functionality of the website and as envisaged by these Terms and Conditions.

14. Consents

You grant Anglo American and GlobeScan all consents required pursuant to applicable copyright laws now or in future in force in any part of the world which may be required for the use by Anglo American and GlobeScan of your User Submissions in accordance with these Terms and Conditions.

You waive all moral rights to which you may be entitled under any legislation now existing or in future enacted in any part of the world relating to your User Submissions.

15. Geographic Scope of the Website

GlobeScan controls and operates this website from the United States. All visitors to this website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this website.

16. Links to Other Websites

For your convenience and enjoyment, this website may provide links to other websites on the world wide web that are not operated by GlobeScan. We have no control over these websites and are not responsible for their availability. GlobeScan does not endorse, approve or sponsor, nor are we responsible or liable for, any information or content available at the linked sites or any products, or other materials on or available from such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. In addition, GlobeScan is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such linked websites.

17. Contents of the Website Disclaimer

The material on the website (including any graphics, software, digital content, recommendations or other materials) and any material made available through the website is provided "as is" and without conditions or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, GlobeScan disclaims all conditions and warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. GlobeScan does not warrant or make any representations regarding the use or the results of the use of the material on the website in terms of its correctness, accuracy, reliability, or otherwise. The material on this website could include technical inaccuracies or typographical errors and could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. GlobeScan undertakes no obligation to verify or maintain the currency of such information.

18. Operation of the Website Disclaimer

GlobeScan endeavors to maintain this website and its operation, but we are not, and cannot be, responsible for the results of any defects that may exist in the website or its operation. As to the operation of the website, we expressly disclaim all conditions and warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. We make no warranty that (i) the operation of the website will meet the user's requirements; (ii) access to the website will be uninterrupted, timely, secure, free of viruses, worms, Trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the website will be accurate or reliable; or (iv) defects will be corrected. You assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this website.

19. Technical Failures

GlobeScan and its agents are not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections of failed, incomplete, corrupted or delayed computer transmissions which may limit a participant's ability to participate in a contest.

20. Limitation of Liability

To the extent required by applicable law, we do not limit in any way our liability for death or for personal injury caused by our negligence or for fraudulent misrepresentation or concealment or for any other liability which cannot be excluded or limited by applicable law.

Subject to applicable law, under no circumstances shall GlobeScan, our licensors or licensees, be liable to you or any other person or entity for any direct, indirect, special, incidental, consequential, punitive or other damages, including lost profits, personal injury (including death) and property damage, that may result from (a) the use of, or the inability to use, the website or any material on the website, (b) the conduct of any user of the website, whether in contract, tort (including negligence) or otherwise. We shall not be liable even if we or our authorized representatives have been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component.

We assume no responsibility or liability arising from the content of any User Submission or for any libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality, error or inaccuracy contained in any User Submissions.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall our total liability to you for damages, losses, and causes of action whether in contract, tort (including, negligence) or otherwise exceed the amount paid by you, if any, for accessing the website.

21. Indemnification

You hereby agree to indemnify and hold GlobeScan and each of their respective agents, licensees, successors and assigns, harmless from and against any and all claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including reasonable legal fees, relating to or arising out of your use of the website, any use of your User Submissions as permitted in these Terms and Conditions, and/or any breach or alleged breach of any of your warranties, representations or agreements hereunder.

22. Termination

The Terms and Conditions and the Policies are and shall remain effective until terminated. You may terminate these Terms and Conditions by ceasing to use the website and destroying any and all material obtained by you from the website. We may immediately terminate the Terms and Conditions and the Policies, including your access to the website, if you breach or fail to comply with any material term or provision of the Terms and Conditions. Upon termination, you must discontinue use of the website and destroy any and all material obtained by you from the website.

23. Applicable Law and Jurisdiction

These Terms and Conditions and any disputes arising under or related to these Terms and Conditions (whether in contract, tort (including negligence), statute or otherwise) will be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms and Conditions (whether in contract, tort (including negligence), statute or otherwise) will be brought in the Federal or State courts located in Santa Clara County, California, exclusively and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms and Conditions.

24. Assignment

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GlobeScan without restriction.

25. Severability

If any provision of these Terms and Conditions shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

26. No Waiver

No failure on the part of GlobeScan to enforce any part of these Terms and Conditions shall constitute a waiver of any of our rights under these Terms and Conditions whether for past or future actions on the part of any person. Only a specific, written waiver signed by an authorized representative of GlobeScan shall have any legal effect whatsoever.

27. No Legal Effect

The paragraph titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.

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