This Agreement is between Gold Group Enterprises, Inc. dba GoMo Music and USER, and applies to the GOMO MUSIC services, including the GOMO MUSIC network and the GOMO MUSIC enterprise platforms (collectively, the “Services”).
The GOMO MUSIC Services are offered to you conditionally on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the GOMO MUSIC Services constitutes your agreement to all such terms, conditions, and notices.
Modification of These Terms of Agreement
GOMO MUSIC reserves the right to change the terms, conditions, and notices under which the GOMO MUSIC Services are offered, including but not limited to the charges associated with the use of the GOMO MUSIC Services.
Links to Third Party Sites
The GOMO MUSIC Services may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of GOMO MUSIC and GOMO MUSIC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. GOMO MUSIC is not responsible for webcasting or any other form of transmission received from any Linked Site. GOMO MUSIC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GOMO MUSIC of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the GOMO MUSIC Services, you warrant to GOMO MUSIC that you will not use the GOMO MUSIC Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the GOMO MUSIC Services in any manner which could damage, disable, overburden, or impair the GOMO MUSIC Services or interfere with any other party’s use and enjoyment of the GOMO MUSIC Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the GOMO MUSIC Services.
Software and Services Documentation
You may copy and use any documentation provided with the Services for your internal reference purposes.
Scope of License
Copyright and other intellectual property laws and treaties protect the software. The software is licensed, not sold. This contract only gives you some rights to use the software. GOMO MUSIC reserves all other rights. You may not work around any technical limitations in the software, reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits it, despite this limitation, make more copies of the software than specified in this contract or allowed by applicable law, despite this limitation, publish the software for others to copy, use the software in any way that is against the law, rent, lease, or lend the software.
Passwords
If a password is required, you understand that you are solely responsible for maintaining the confidentiality of your password, and that you shall be solely and fully responsible for all activities that occur under your handle and password. GOMO MUSIC shall not be responsible for any loss, claim or other liability that may arise from the unauthorized use of any password. If a password is lost or stolen it is the user’s responsibility to notify GOMO MUSIC, so that the missing password can be deactivated and a new one assigned.
Use of Communication Services
The GOMO MUSIC Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
GOMO MUSIC has no obligation to monitor the Communication Services. However, GOMO MUSIC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. GOMO MUSIC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
GOMO MUSIC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GOMO MUSIC’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. GOMO MUSIC does not control or endorse the content, messages or information found in any Communication Service and, therefore, GOMO MUSIC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized GOMO MUSIC spokespersons, and their views do not necessarily reflect those of GOMO MUSIC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided to GOMO MUSIC or Posted at a GOMO MUSIC Service
GOMO MUSIC does not claim ownership of the materials you provide to GOMO MUSIC (including feedback and suggestions) or post, upload, input or submit to any GOMO MUSIC Service or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting GOMO MUSIC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. GOMO MUSIC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in GOMO MUSIC’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE GOMO MUSIC SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GOMO MUSIC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN GOMO MUSIC SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE GOMO MUSIC SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE SITE, THE CONTENT, THE SERVICES AND ALL OTHER MATERIALS ASSOCIATED IN ANY WAY WITH GOMO MUSIC OR CONTAINED IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GOMO MUSIC, ITS PARENT AND SUBSIDIARIES AND ANY GOMO MUSIC CLIENT, AND EACH OF THEIR RESPECTIVE VENDORS, AGENTS, LICENSORS, LICENSEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND EMPLOYEES (COLLECTIVELY, THE “GOMO MUSIC COVERED ENTITIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES REGARDING THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT AND/OR ANY OFFERS OR THE ABSENCE OF VIRUSES FROM THE SITE, THE SERVERS OR EMAILS SENT FROM GOMO MUSIC.
GOMO MUSIC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE GOMO MUSIC SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GOMO MUSIC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOMO MUSIC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE GOMO MUSIC SERVICES, WITH THE DELAY OR INABILITY TO USE THE GOMO MUSIC SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE GOMO MUSIC SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE GOMO MUSIC SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GOMO MUSIC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE GOMO MUSIC SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GOMO MUSIC SERVICES.
SERVICE CONTACT: support@gold-mobile.com
Indemnification
You agree to indemnify and hold harmless the GOMO MUSIC Covered Entities from and against any and all claims, liabilities, losses, injuries, actions, damages, costs and expenses (including reasonable attorneys’ fees) in any way arising out of or relating to your use of the Site any Service, any Offer or your breach of any of these Terms.
Assignment
You may not assign any of your rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of GOMO MUSIC. Any such purported assignment or delegation by you without the appropriate prior written consent of GOMO MUSIC will be null and void and of no force or effect.
Termination/Access Restriction
GOMO MUSIC reserves the right, in its sole discretion, to terminate your access to the GOMO MUSIC Services and the related services or any portion thereof at any time, without notice. GENERAL
[JRA1] To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Middlesex County, New Jersey, U.S.A. in all disputes arising out of or relating to the use of the GOMO MUSIC Services. Use of the GOMO MUSIC Services are unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and GOMO MUSIC as a result of this agreement or use of the GOMO MUSIC Services. GOMO MUSIC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of GOMO MUSIC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the GOMO MUSIC Services or information provided to or gathered by GOMO MUSIC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and GOMO MUSIC with respect to the GOMO MUSIC Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and GOMO MUSIC with respect to the GOMO MUSIC Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the GOMO MUSIC Services are: 2015 Gold Group Enterprises, Inc. and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
