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.
We’d be happy to answer them. Contact us at email@example.com.
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.
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.
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.
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.
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.
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.
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:
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.
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:
Attention: Copyright Agent
526 S. Main Street, Suite 2X
Akron, OH 44311
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 firstname.lastname@example.org.
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.
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.
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.
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
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.