Terms of Use

Welcome to HarmonyGold.com
the web site of Harmony Gold USA, Inc.

This HarmonyGold.com Web site is owned and operated by Harmony Gold USA, Inc. (“Harmony Gold”) and its affiliates (referred to herein as “Harmony Gold,” “we,” “us” or “our”).

Please review these Terms of Use before you begin navigating our site. These Terms of Use contain the guidelines, terms and conditions for your use. BY USING THIS WEB SITE, YOU ARE AGREEING TO THESE TERMS OF USE. Please do not use this Web Site if you do not agree to these Terms of Use. available. When you participate in any online activities and/or use any services or features available to you on this site, your participation and/or use will be subject to any additional rules or regulations applicable to such online activities or services or features that may be posted by us from time to time. All such additional rules or regulations will be deemed to be incorporated by reference into these Terms of Use. Please note that additional and/or different terms of use may apply to any services provided through third party companies including business associates of Harmony Gold’s and you should refer to those terms of use before using such services.

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of this HarmonyGold.com site after the posting of changes to these terms will mean you accept those changes.

Ownership of Web site Content/Restrictions on Use
As between Harmony Gold and the user, Harmony Gold is the exclusive owner of all rights including all copyright, trademark and other proprietary rights now known or hereafter existing in and to all the contents of this Web site including but not limited to characters, images, photos, video, text, graphics, trademarks, designs, layout, music, sounds, software, and other material on this site (collectively, the “Content“). All rights reserved. Trademarks, trade names, and service marks contained in this Web site are owned by Harmony Gold. Other trademarks displayed on thus Web site that are not owned by Harmony Gold are trademarks of our respective business associates. The Content may not be copied without obtaining the express permission Harmony Gold. You may not copy, reproduce, publish, upload, post, transmit, distribute, participate in the transfer or sale, modify, create derivative works, or exploit in any way, any of the Content, in whole or in part , except the Content is available for your private personal and noncommercial uses only. You may download one copy of the materials at our site on any single computer for your personal, non-commercial home use only, provided that you keep intact all copyright, trademark and other proprietary notices. You must not make any modifications to the Content or use the materials in a manner that suggests an association with any of our products, services, or brands, and you are not permitted to download the Content to a database that can be used to avoid future downloads from our Site. The use of the Content for any other puposes is strictly prohibited and is a violation of Harmony Gold’s (or our respective business associates’) proprietary rights including but not limited to copyright rights.

In the event you download software from our site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third party licensors for your personal, non-commercial home use only. We do not transfer title to the Software to you. You may own the medium on which the Software is recorded, but we (or third party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not distribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

Links to Third Party Sites.
Harmony Gold makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked third party Web sites. Harmony Gold does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Please review the terms and restrictions of linked-to third party Web sites regarding their content and information.

If you choose to download any third-party materials that we index or link to, you do so solely at your own risk. If you plan to download any software, please be sure to read the copyright and licensing information first.

Submissions.
Harmony Gold’s company policy does not allow it to accept or consider any creative ideas, suggestions, or materials other than those that it has specifically requested at our Web site or otherwise. Accordingly, we must request that members not submit or send any original creative materials, including but not limited to submissions of scripts, story lines, fan fiction, characters, drawings, information, suggestions, ideas or concepts unless specifically requested by us. If at our request you send certain specific submissions (e.g., postings to chats, surveys, message boards, contests, or similar items) or you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively the “Submissions”), then the Submissions shall be deemed and shall remain the property of Harmony Gold in perpetuity. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatosever, commercial or otherwise, without compensation to the provider of the Submissions. The sender waives all so-called “moral rights” in all Submissions. The sender represents and warrants that all the materials contained in the Submissions are original and authored by the sender or that sender has the permission of the rights owner of the underlying materials (or any portion thereof) to make the Submissions. The sender further waives the right to make any claims against Harmony Gold relating to unsolicited submissions, including, but not limited to, unfair competition, breach of implied contract and/or breach of confidentiality. Harmony Gold shall have no obligation to use the Submissions at our Web site or otherwise.

Use of Site Forums / Public Communication.
In connection with your use of any of the forums, bulletin boards, chat areas, e-mail or other public communication elements of this site, you may not upload to, distribute through, or otherwise publish through this site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law. Your use of this site must only be in a noncommercial manner. You cannot, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You may not use offensive or indecent member names and/or screen names. Harmony Gold reserves the right to revoke any member names or screen names that it, in its sole discretion considers inappropriate. It is strictly forbidden to harass, badger or abuse another person online or to disrupt the flow of discussion by repetition of the same or similar messages or images. If you are under the age of 13, you must have parental permission to use the community areas (chat, bulletin boards, email, etc.). You may not under any circumstances impersonate another, including but not limited to, a Harmony Gold or Robotech.com employee or representative, a Harmony Gold host or chat jockey or site member. We may elect to monitor any area(s) of our site to monitor adherence to these Terms of Use and other site use rules that may be posted from time to time. All users agree that HarmonyGold.com is acting as a passive conduit when distributing member content. We assume no liability or obligation relating to any content or activities in the community areas of our site. If it comes to the attention of Harmony Gold that copyright infringing material is available on the HarmonyGold.com server, then the member will be instructed to remove the infringing material and their membership and/or membership points may be revoked, at our discretion. We reserve the right to remove any homepages or other user generated content that is in violation of these Terms of Use. We reserve the right to remove content that we deem to be unlawful, defamatory, hateful, offensive or otherwise objectionable or in violation of these Terms of Use or any applicable site use rules at our sole discretion. We shall be the sole arbitor of what is deemed removable. Users agree not to use Harmony Gold.com for spamming, chain letters, unsolicited bulk mail or junk mail. If you know of someone violating any of these rules, please contact us at problems@robotech.com. Please be sure to include the user name of the member and a complete description of the violation.

Disclaimer of Warranties.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HARMONY GOLD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HARMONY GOLD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HARMONY GOLD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT HARMONY GOLD) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HARMONY GOLD BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS SITE, EVEN IF HARMONY GOLD OR ITS AUTHORIZED REPRESENTATIVE HAS ADVISED YOU OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL HARMONY GOLD TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE). IF YOU ALLOW ANOTHER PERSON TO USE YOUR ACCOUNT, OR NEGLIGENTLY PUBLICIZE YOUR PASSWORD, YOU ARE RESPONSIBLE FOR: (I) CONTROLLING THE PERSONS USE AND ACCESS TO HARMONYGOLD.COM; (II) THE CONDUCT OF THE PERSON USING YOUR ACCOUNT WHILE THEY ARE ONLINE; (III) THE RESULTS OF ANY MISUSE OF THE ACCOUNT; AND FURTHER (IV) AS THE HOLDER OF THE ACCOUNT, YOU ARE ULTIMATELY RESPONSIBLE FOR ALL ACTIVITIES CONDUCTED VIA YOUR ACCOUNT.

Termination.
You agree that Harmony Gold, in its sole discretion, may terminate any account (or any part thereof) you may have with us or use of the web site and remove and discard all or any part of your account or any Submissions, for any reason whatsoever in Harmony Gold’s sole discretion. Harmony Gold may also in its sole discretion and at any time discontinue providing this site, or any part thereof, with or without notice. You agree that any termination of your access to the site or any account you may have or portion thereof may be effected without prior notice, and you agree that Harmony Gold shall not be liable to you or any third-party for any such termination. Membership will be terminated for any of the following: (i) making available software that is protected by copyright for which the copyright protection has been removed; (ii) making available information, including but not limited to, serial numbers, for software that can be used to illegally validate or register software; or, (iii) making available tools, or links to tools, that can be used for no other purpose than to remove copyright protections. If your membership is terminated you can no longer participate in member activities and you lose all member points accumulated to the date of termination. It is a violation worthy of termination to allow a terminated member access to the HarmonyGold.com website using your account.

Miscellaneous.
The failure of Harmony Gold to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms or the Web site shall be filed only in the state or federal courts in and for Los Angeles County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside.