Terms of Service - Highlights

GoGoPop has to make sure that we protect ourselves legally. Some people out there might not have the best of intentions, and alongside that, we want to protect you as a user of GoGoPop too. In order to ensure you have the best experience using GoGoPop, we have some rules that you need to agree to before you use the App. When you use the App, you are letting us know that you’ve read and agree to all this legal stuff, located at https://gogopop.social/terms.

We are trying to make it easier for you to understand by providing these highlights, which discuss a few key sections, but not all, of the total Terms of Service.

Basic Terms

  • You must be at least 13 years old to use GoGoPop. If you are over 13 but under 18 you can only use GoGoPop with the express permission of your parent or guardian.
  • GoGoPop may transfer your information to servers located in the United States or in other countries where the privacy laws may be less stringent than the laws in your home country.

Your Contacts

  • We will use the phone numbers stored in your contacts to send GoGoPops.
  • You can send a GoGoPop to as few or as many of your contacts as you’d like!
  • You can create groups (e.g., Family, Work, Squad, etc.) to make it easier to send GoGoPops to the right contacts quickly.
  • If you send a GoGoPop to someone that isn’t already using the App, the message will be stored in an inbox that they can access once they sign up. GoGoPop may send them a message letting them know that they have messages waiting in their inbox.
  • You can only send GoGoPops to your contacts that want to receive messages from you and will not view your messages or GoGoPop’s notification of the inbox messages as unwanted or unsolicited.
  • We will not use your mobile contacts for any reason other than to let you use the App.

User Content

  • When you use the App you can create and share Content, such as texts, photographs, articles, videos, etc. with your contacts.
  • Once you send Content to your contacts you lose control of the privacy of the Content and it may become public information. Only share Content that you are comfortable becoming publically available.
  • You can only create and share Content that you have the full right to share with your contacts. You cannot use the App to infringe on anyone’s rights, including privacy, copyright, trademark, contractual, legal or other rights.
  • You represent to us that you own the copyright or have an appropriate license (and right to grant sublicenses) for any image you upload. You keep the copyright to any picture you upload, however, you grant us a license to use that picture.Please contact us as provided in the Terms of Service if you feel your copyright has been infringed.
  • You cannot upload any harassing, threatening, deceptive, illegal, offensive or pornographic Content.You may lose access to your account if you violate this provision.
  • GoGoPop is not obligated to review any Content for propriety or accuracy and you should not rely on any Content received through the services.
  • GoGoPop may analyze your Content for metadata or other usage analytics but will not link that information to you or disclose your Content to the public without your express permission.
  • GoGoPop may delete your Content off its servers at any time without prior notice to you. Do not rely on GoGoPop to store or save important information or Content.

Private Information

  • GoGoPop will not sell or share personal information, such as your name and contact information or your mobile contacts to any third party advertisers.
  • GoGoPop may choose to share information that does not disclose your identity in order to improve GoGoPop and to better understand how its users are interacting with the App.
  • Keep your passwords safe! You are responsible for all activity on your account.

Be a Good Citizen

  • Don’t use GoGoPop in an unauthorized or inappropriate manner.
  • You may not: hack our app; misappropriate information; infringe our intellectual property; create multiple or fake accounts; or use the information in a manner not permitted by the Terms of Service.

General Terms

  • GoGoPop makes no warranties and disclaims any liability based on your use of the App or any Content you create or share using the App.
  • If you bring a lawsuit against GoGoPop for your use of the App, you agree the lawsuit will take place in Summit County, Ohio and will not take the form of a class action.

Questions

We’d be happy to answer them. Contact us at legal@gogopop.social.


Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Flurgle, Inc.luding any GoGoPop mobile applications, websites and services (“GoGoPop”, or the “App”), and any videos, live videos, information, text, graphics, photos or other materials created with, uploaded, downloaded, transmitted through or appearing on the App (collectively referred to as “Content”). Your access to and use of the App is conditioned on your acceptance of and compliance with these Terms. By accessing or using the App you agree to be bound by these Terms and by the GoGoPop Privacy Policy.

1. Basic Terms

You are responsible for your use of the App, for any Content you send to your Contacts, and for any consequences thereof. You should only provide Content that you are comfortable sharing with your Contacts under these Terms.

You may use the App only if you can form a binding contract with Flurgle, Inc.. (“GoGoPop”) and are not a person barred from receiving such services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the App on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the App only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.Children under 13 years of age are not permitted to use the App for any purpose. Children between 13 and 18 years of age may only use the Appunder the express guidance and direction of a parent or guardian who has consented to these Terms on their child’s behalf.

The GoGoPop App is always evolving and the form and nature of the App may change from time to time without prior notice to you. In addition, GoGoPop may stop (permanently or temporarily) providing the App (or any features within the App) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage or to delete your Content off our Servers at our sole discretion at any time without prior notice or obligation to you.

The App may include advertisements, which may be targeted to the Content or information on the App, queries made through the App, or other information. The types and extent of advertising on the App is subject to change. In consideration for GoGoPop granting you access to and use of the GoGoPop App, you agree that GoGoPop and its parent, third party providers and partners may place such advertising on the App or in connection with the display of Content or information from the App whether submitted by you or others.

2. Privacy

Any information that you provide to GoGoPop is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the App you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by GoGoPop. As part of providing you the App, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the App and your GoGoPop account, which you may not be able to opt-out from receiving.

3. Passwords

You are responsible for safeguarding the password or credentials that you use to access the App and for any activities or actions under your account. Weencourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your GoGoPop account. GoGoPop cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4. Content On The App

All Content is the sole responsibility of the person who originated such Content. We may, but are not required to monitor or control the Content posted via the App and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the App or obtained by you through the App is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted, downloaded or transmitted via the App or endorse any opinions expressed via the App. You understand that by using the App, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Content that has been mislabeled or is otherwise deceptive. Under no circumstances will GoGoPop be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the App or broadcast elsewhere.

You will also be asked to provide GoGoPop with contact information, such as telephone number, for your Contacts you wish to be connected with via the App. GoGoPop may request access to your Contacts to enable you to find other contacts that are also using the App. If you send a GoGoPop to a Contact that is not already registered the Content will be stored in an inbox until the Contact registers to use the App and receive the messages. By sending a GoGoPop to your Contacts, you represent to GoGoPop that the recipients have consented to receive such messages from you, and that those recipients do not consider such messages or messages from GoGoPop inviting the Contacts to join the App to be unwanted or unsolicited. We will not use your phone contacts for any purpose other than to provide you with the full services of the App.

5. Your Rights

You retain your rights to any Content you submit or post or display on or through the App. In order to make the App available to you and other users, GoGoPop needs a license from you. By submitting, posting or displaying Content on or through the App, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for GoGoPop to provide, promote, and improve the App and to make Content submitted to or through the App available to other companies, organizations or individuals who partner with GoGoPop for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by GoGoPop, or other companies, organizations or individuals who partner with GoGoPop, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the App.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to yourContent as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the App, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. GoGoPop will not be responsible or liable for any use of your Content by GoGoPop in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

6. Your License To Use The App

GoGoPop gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by GoGoPop as part of the App. This license is for the sole purpose of enabling you to use and enjoy the benefit of the App, in the manner permitted by these Terms.

7. GoGoPop Rights

All right, title, and interest in and to the App (excluding Content provided by users) are and will remain the exclusive property of GoGoPop and its licensors. The App is protected by copyright, trademark, and other laws of both the United States and foreign countries. GoGoPop reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding GoGoPop, or the App is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

8. Restrictions On Content And Use Of The App

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the App and to suspend and or terminate users or reclaim usernames without liability to you.

You may NOT create, transmit or upload Content that:

  • Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
  • Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
  • Is a direct and specific threat of violence to others;
  • Violates any contractual obligation to refrain from photographing, filming or streaming any performance, event, film, concert, sporting event or other happening;
  • Is pornographic or offensive;
  • Is furtherance of illegal activities; or
  • Is harassing, abusive, or constitutes spam.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of GoGoPop, its users and the public. GoGoPop does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

You may not do any of the following while accessing or using the App: (i) access, tamper with, or use non-public areas of the App, GoGoPop's computer systems, or the technical delivery systems of GoGoPop providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the App by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by GoGoPop (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with GoGoPop (NOTE: scraping the App without the prior consent of GoGoPop is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the App to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the App, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the App.

9. Copyright Policy

GoGoPop respects the intellectual property rights of others and expects users of the App to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, GoGoPop will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the App is:

Flurgle, Inc.
Attention: Copyright Agent
526 S. Main Street, Suite 2X
Akron, OH 44311
dmca@gogopop.social

10. Ending These Terms

The Terms will continue to apply until terminated by either you or GoGoPop as follows.

You may end your legal agreement with GoGoPop at any time for any reason by deactivating your accounts and discontinuing your use of the App. In order to deactivate your account, please contact us accounts@gogopop.social.

We may suspend or terminate your accounts or cease providing you with all or part of the App at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the App to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the App the next time you attempt to access your account.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the App, except those that you would expect to survive termination.

Nothing in this section shall affect GoGoPop's rights to change, limit or stop the provision of the App without prior notice, as provided above in section 1.

11. Disclaimers And Limitations Of Liability

Please read this section carefully since it limits the liability of GoGoPop and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “GoGoPop Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The App is Available “AS-IS”
Your access to and use of the App or any Content is at your own risk. You understand and agree that the App is provided to you on an “AS IS”and “AS AVAILABLE” basis. Without limiting the foregoing, GOGOPOP ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

GoGoPop Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the App or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the App, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and othercommunications maintained by the App; and (iv) whether the App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from GoGoPop Entities or through the App, will create any warranty not expressly made herein.

B. Links
The App may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by GoGoPop Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

C. Limitation of Liability
YOU AGREE TO LITIGATE ALL CLAIMS INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GOGOPOP ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE GOGOPOP ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID GOGOPOP, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE GOGOPOP ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

13. GENERAL TERMS. Waiver and Severability

The failure of GoGoPop to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

A. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Ohio without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the App will be brought solely in the federal or state courts located in Summit County, Ohio, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using the App in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Ohio (excluding choice of law).

B. Entire Agreement
These Terms and our Privacy Policy are the entire and exclusive agreement between GoGoPop and you regarding the App (excluding any services for which you have a separate agreement with GoGoPop that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between GoGoPop and you regarding the App.

We may revise these Terms from time to time, the most current version willalways be at https://gogopop.social/terms. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the App. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 10 above. By continuing to access or use the App after those revisions become effective, you agree to be bound by the revised Terms.

The App is operated and provided by Flurgle, Inc.. 526 South Main Street, Suite 2X, Akron, OH 44311. If you have any questions about these Terms, please contact us.

Effective: January 12, 2017.