Last Updated: 5/30/2018
We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in the law, the features of our Service, advances in technology, or changes in business practices. When we make changes to this Agreement, we will revise the “Last Updated” date at the top of this Agreement, and you should regularly check for the most recent version, which is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email.
Please review the changes carefully. Your continued use of the Service after the changes become effective will mean you consent to and accept those changes. If you do not consent to such changes you can delete your account within the Service.
You must be at least 18 years of age to create an account on Gomo and use the Service. By creating an account and using the Service, you represent and warrant that:
- you can form a binding contract with Gomo,
- you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition, and
- you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
If you are using the Service on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in this Agreement and to agree to this Agreement on behalf of the business or entity.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Gomo, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact email@example.com.
4. Modifying the Service and Termination
Gomo is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account at any time, for any reason, in the Service. Gomo may terminate your account at any time, without notice, and for any reason. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Gomo: Section 4, Section 5, Section 7, and Sections 12 through 19.
5. Safety; Your Interactions with Other Users
Though Gomo strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT GOMO DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. GOMO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. GOMO RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
6. Rights Gomo Grants You
Gomo grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Gomo and permitted by this Agreement. Therefore, you agree not to:.
- use the Service or any content contained in the Service for any commercial purposes without our written consent.
- copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Gomo’s prior written consent.
- express or imply that any statements you make are endorsed by Gomo.
- use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- upload viruses or other malicious code or otherwise compromise the security of the Service.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
- “frame” or “mirror” any part of the Service without Gomo’s prior written authorization.
- use meta tags or code or other devices containing any reference to Gomo or the Service (or any trademark, trade name, service mark, logo or slogan of Gomo) to direct any person to any other website for any purpose.
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
- use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent.
- attempt to circumvent any content-filtering techniques we employ.
- attempt to access areas or features of the Service that you are not authorized to access.
- probe, scan or test the vulnerability of our Service or any system or network.
- encourage or promote any activity that violates this Agreement.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
7. Rights You Grant Gomo
By creating an account, you grant to Gomo a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook, as well as any information you post, create, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Our license to your Content is subject to your rights under applicable law and is for the purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Gomo users).
You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, and Content you post is accurate and truthful and you have the right to post the Content on the Service and grant the license to Gomo above.
You understand and agree that we may monitor or review any Content you post as part of the Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
In consideration for Gomo allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising and promotions on the Service.
By submitting suggestions or feedback to Gomo regarding our Service, you agree that Gomo may use and share such feedback for any purpose without compensating you.
You agree that Gomo may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
8. Community Rules
By using the Service, you agree that you will not:
- use the Service for any purpose that is illegal or prohibited by this Agreement.
- spam, solicit money from or defraud any users.
- impersonate any person or entity or post any images of another person without his or her permission.
- bully, “stalk,” intimidate, harass or defame any person.
- post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
- post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- solicit another user's personal identifying information for commercial or unlawful purposes or disseminate another person’s personal information without his or her permission.
- use or attempt to use another user's account or login credentials without their permission.
- solicit login credentials from another user.
- share your password.
- create more than one account for yourself.
- create another account if we have already terminated your account, unless you have our permission.
Gomo reserves the right to investigate and/ or terminate your account if you have misused the Service or behaved in a way that Gomo regards as inappropriate or unlawful.
9. Other Users’ Content
Much of the content on the Service is produced by users and other third parties. Such Content is the sole responsibility of the person or organization who posts it, and Gomo cannot guarantee that all Content will comply with this Agreement. Although Gomo reserves the right to review, remove or modify all content that appears on the Service, we do not necessarily review all of it. If you see Content on the Service that violates this Agreement, please report it within the Service or via firstname.lastname@example.org.
10. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using the Service, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Service.
11. Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide Gomo with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
- your contact information, including address, telephone number and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Gomo reserves the right to terminate the accounts of repeat infringers.
GOMO PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GOMO DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
GOMO TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, CREATES, UPLOADS, DISPLAYS, SENDS, RECEIVES, OR OTHERWISE MAKES AVAILABLE THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
13. Third Party Services
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Gomo is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Gomo is not responsible or liable for such third parties’ terms or actions.
If you use a service, feature, or functionality that is operated by a third party and made available through the Service (including services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. Gomo is not responsible or liable for such a third party’s terms or actions.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOMO, ITS AFFILIATES, DIRECTORS, OFFICERS, MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, LICENSORS, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR MULTIPLE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF GOMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GOMO’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO GOMO FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
15. Arbitration, Class-Action Waiver, and Jury Waiver
A. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
B. By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
C. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
D. This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
16. Governing Law
For users residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of Colorado, U.S.A., will apply to any disputes arising out of or relating to this Agreement or the Service. For the avoidance of doubt, the choice of Colorado governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
All claims arising out of or relating to this Agreement or the Service will be litigated exclusively in the federal or state courts of Denver County, Colorado, U.S.A., and you and Gomo consent to personal jurisdiction in those courts.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Gomo, our affiliates, and their and our respective officers, directors, shareholders, employees, licensors, and agents from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
19. Entire Agreement; Other