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Terms and Conditions1 Acceptance (a) These Terms and Conditions, together with the Privacy Policy ("Terms") govern your use of:
(b) The Terms constitute an agreement between you and Gogobeans, Inc including its affiliates and suppliers ( "Gogobeans") defining the rights and responsibilities of you and Gogobeans with respect to the Service. There may be additional conditions applicable to certain parts of the Service. (c) You are not allowed to use the Service if you do not agree to the Terms. 2 Eligibility To use the Service, you must be at least thirteen (13) years of age. If you are at least thirteen (13) years of age but a minor where you live, you must review the Terms and have your parent or legal guardian complete the registration on your behalf for you to use the Service. The person completing the registration must be legally competent. 3 Registration and Termination (a) You agree to provide truthful, correct and complete information when registering for the Service and to keep that information updated. Providing incorrect or misleading information about your identity is prohibited and may result in your registration for the Service being terminated by Gogobeans. (b) When you register, you will create a username and a password. You (and your parent or legal guardians, if you are a minor) are personally responsible for any use of the Service with your username and password. You agree to take due care in protecting your username and password against misuse by others and promptly notify Gogobeans about any misuse. (c) You may terminate your registration if you no longer wish to use the Service by email with "terminate service" in the subject line to info@gogobeans.com. (d) Gogobeans may terminate your registration or restrict your access to certain parts of the Service if:
(e) After termination, you will no longer have access to the Service. (f) Except as set forth in Privacy Policy, Gogobeans is not responsible for any removal of the information or content you have submitted ("Material") from the Service when your registration is terminated. (g) After the Material is removed from the Service by either you or Gogobeans, some traces of the Material may remain and copies of the Material may still reside within the Service, in a manner similar to emptying the recycle bin on a computer, and may persist in backup copies for a reasonable period of time (but will not be available to others). 4 Using the Service (a) You agree to:
(b) Gogobeans may but has no obligation to:
5 Allegations of Copyright Infringement (a) You may notify Gogobeans of copyright infringement on the Service by providing notice:
(b) Your notice must:
6 Licenses (a) Gogobeans does not claim ownership in your Material. Your submission of Material to the Service does not transfer ownership rights in the Material to Gogobeans. (b) The User agrees that all Content he/she publishes to the Public areas of Gogobeans are provided for a free, perpetual, irrevocable, non-exclusive, and freely sub-licensable license to use, reproduce, modify, adapt, publish, translate, to create derived works, distribute, and visualize (partially or wholly) in the whole World and/or to incorporate this Content in any form, media or technology currently known or to be developed in the future. (c) Users of the Service are granted a non-exclusive, non-transferable, revocable license (revocable at the sole discretion of Gogobeans at any time) to access and use the Service strictly in accordance with the Terms. 7 Sharing Your Content and Information You own all of the content and information you save on Gogobeans and you can control how it is shared through your privacy settings. In addition: a) For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you save on or in connection with Gogobeans ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. b) When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. c) When you publish content or information using the "public" setting, it means that you are allowing everyone, including people off of Gogobeans, to access and use that information, and to associate it with you (i.e., your name and profile picture). d) We always appreciate your feedback or other suggestions about Gogobeans, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).] 8 Fees (a) Your use of the Service may be or may become subject to charges. (b) Any fees charged by Gogobeans will be announced separately in connection with the Service. (c) Use of the Service may involve transmission of data through your service provider’s network. Your network service provider may charge for such data transmission. Gogobeans assumes no responsibility for the payment of any charges. 9 Availability (a) The Service may not be available in some countries and may be provided only in selected languages. The Service may be network dependent, contact your network service provider for more information. (b) Gogobeans reserves the right, in its sole discretion, to change, improve and correct the Service. The Service may not be available during maintenance breaks and other times. (c) Gogobeans may also decide to discontinue the Service or any part thereof in its sole discretion. In such case you will be provided a prior notification. 10 Dealings with Others You may interact with other users on or through the Service. You agree that any such interactions do not involve Gogobeans and are solely between you and the other user(s). 11 Personal Data The Privacy Policy in these Gogobeans Service Terms governs use of your personal data. Special Provisions Applicable to Users Outside the United States We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States: (a) You consent to having your personal data transferred to and processed in the United States. (b) If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Facebook (such as advertising or payments) or operate a Platform application or website.] 12 Limitation of Liability (a) The Service is provided on "AS IS" and "AS AVAILABLE" basis. Gogobeans does not warrant that the Service will be uninterrupted or error or virus-free. No warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability, information or content of the Service. You expressly agree and acknowledge that the use of the Service is at your sole risk and that you may be exposed to content from various sources. (b) Except for liability for death or personal injury caused by gross negligence or intentional misconduct, Gogobeans shall not be liable for any direct, indirect, incidental, punitive or consequential damages caused by the use or inability to use the Service. 13 Indemnification You agree to defend, indemnify and hold harmless Gogobeans from and against any and all third party claims and all liabilities, assessments, losses, costs or damages resulting from or arising out of: (a) Your breach of the Terms; (b) Your infringement or violation of any intellectual property, other rights or privacy of a third party; (c) Misuse of the Service by a third party where such misuse was made available by your failure to take reasonable measures to protect your username and password against misuse. 14 Miscellaneous 14.1 Applicable Law and Forum These Terms are governed by the Laws of Washington State, Unites States of America. The User and Gogobeans agree to submit to the jurisdiction of the Courts of Washington State, USA. 14.2 Validity The Terms neither exclude nor limit any of your mandatory rights in your country of residence. If a provision of the Terms is found to be invalid, the validity of the remaining provisions is affected and the invalid provision will be replaced with a valid provision that comes closest to the result and purpose of the Terms. The provisions of the Terms that are intended to survive termination remain valid after any termination. 14.3 Changes in Terms (a) Gogobeans reserves the right to modify the Terms at any time without prior notice. If the Terms are changed in a material, adverse way, Gogobeans will provide a separate prior notice advising of such change. (b) You are responsible for regularly reviewing the Terms. Your continued use of the Service constitutes your consent to any changes and modifications. 14.4 Links to Third Party Sites and Content (a) For your easy accessibility Gogobeans may include links to sites on the Internet that are owned or operated by third parties and that are not part of the Service. Upon following a link to such a third-party site, you must review and agree to that site's rules of use before using such site. (b) You agree that Gogobeans has no control over the content of third-party sites and cannot assume any responsibility for services provided or material created or published by such sites. A link to a third-party site does not imply that Gogobeans endorses the site or the products or services referenced in the site. (c) In addition, users may create links within the Service to content that has not otherwise been submitted to the Service. You agree that Gogobeans is neither responsible for nor liable for any such links. 15 Intellectual Property The Service and related software are protected under international copyright laws and you are hereby notified that copyrights are claimed by Gogobeans. Subject to the Terms, Gogobeans retains all right, title and interest in the Service and in all Gogobeans' products, software and other properties provided to you or used by you through the Service. |
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