Terms of Use
Acceptance of Terms
MK Message Solutions (the "Company") provides access to its web site GooGooGram.com (the "Site") subject to the terms of service ("Agreement") set forth in this terms of service notice. By accessing or using this Site, you are agreeing to comply with and be bound by this Agreement. If you do not agree to these terms, you should not access or use the Site. These terms of service may be updated by the Company from time to time at anytime at the Company's discretion. Your use of the Site will be subject to the most current version of the Agreement. The terms "You", "User", and "Customer" as used herein refer to all individuals and/or entities accessing this Site for any reason.
This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
Modifications to Service
This site reserves the right to modify or discontinue, temporarily or permanently, this site or parts of this site without notice to you. You agree that this site shall not be liable to you or any third party for any modification or discontinuance of this site or any service offered at this site.
Web Site Content
The Site allows you and other third parties to post comments concerning the websites provided by us. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Site are those of the respective authors or producers and not of MK Message Solutions or its shareholders, directors, officers, or employees. Under no circumstances shall MK Message Solutions or its shareholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Site.
We permit you to post comments on the Site provided that the content is not illegal, obscene, threatening, defamatory or otherwise objectionable to us. In posting such content, you agree not to use a false e-mail address or otherwise mislead us or others regarding the origin of such content. We do not regularly review the content posted on the Site; however, we reserve the right to remove or edit such content at anytime without notice.
You are solely responsible for any data, text, software, music sound, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through our service, including but not limited to the contents of your voice and e-mail communications, information, photos or images posted to your website. All Content posted by you, is your sole responsibility. GooGooGram.com does not control the Content posted by users such as yourself via our services and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using GooGooGram.com you understand and agree that you may be exposed to Content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will GooGooGram.com be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via our services.
Customer Conduct
Unacceptable actions and Content as determined by us in our discretion, will constitute grounds of blocking Your access to our service, removal of posted material and/or non-fulfillment of Your order. As condition of Your use of this service, you agreee to the following.
You agree to be solely responsible for the data that you enter at this site and for the telephone calls that you cause to be made by entering such data.
You agree not to transmit any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable messages of any kind, at any time, for any reason. You agree to participate fully in any investigation of abuse of this site and the services offered here in the event that for any reason your account is used by you or by someone else to cause any messages to be inappropriately delivered.
You agree to not upload, post, email or otherwise transmit any Content that is unlawful, defamatory, obscene, vulgar, invasive of another's privacy or rights of publicity, hateful, or otherwise objectionable in our estimation.
You agree to not upload, post, email or otherwise transmit any Content that you do not have a legal right to transmit (such as a proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) any content that infringes any patent trademark, trade secret, copyright or other proprietary rights of any party.
You agree to not harm minors in any way.
You agree to not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site.
You agree to not interfere with or disrupt (or attempt to interfere with or disrupt) this site or servers or networks connected to this site, or disobey any requirements, procedures, policies or regulations of networks connected to this site.
You agree to not exhibit expressions of abuse, offensive language and imagery, obscenity, or pornography, including but not limited to child abuse, child pornography or depictions of minors engaged in sexual conduct.
You agree to not impersonate any other person while using the GooGooGram.com Web site, conduct yourself in a vulgar or offensive manner while using our service, or use the GooGooGram.com Web site for any unlawful purpose.
You agree to not use GooGooGram services for spamming or in any manner considered commercial.
You agree to abide by all applicable local, state, national, and international laws and regulations in your use of this site, and agree not to attempt to gain unauthorized access to other computer systems or networks through this site.
You agree not to resell your services on this site. You agree not to offer or provide the use of your account to any other person for any reason at any time, whatsoever.
Member Information
As a condition of use of the service, you agree to provide true, accurate, current and complete information about yourself, and to update this data if any of your information changes. If any information provided by you is untrue, inaccurate, not up-to-date or incomplete, this site has the right to terminate your account and refuse any and all current or future use of this site. Additionally, unauthorized use of this site may result in legal action against you personally.
You understand and agree that this site may access the content of your account in order to identify and resolve technical problems or service complaints, or for other reasonable purposes to operate this site and provide services.
Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.
Links to Other Web Sites
The Site contains links to other Web sites. The Company is not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by the Company. Inclusion of any linked Web site on the Company Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave the Company Site and access these third-party sites, you do so at your own risk.
Unsolicited Submissions
The Company is pleased to hear from its users and welcomes your comments regarding its services. If you send the Company comments, suggestions, ideas, articles, materials, notes, drawings, concepts or other information (collectively, "Submissions"), the Submissions shall be deemed, and shall remain, Company property and the Company may use, copy, display, distribute, adapt, transfer or dispose of Submissions in any way and for any purpose as the Company may, in its sole discretion, determine appropriate. None of the Submissions shall be subject to any obligation of confidence on the Company's part, and the Company shall not be liable for any use or disclosure of any Submissions.
Voice messages
A. All recipients of messages have a personal relationship with You or have explicit consent to receive messages from You.
B. All voice lists are intended for one time use. You agree to additional charges for additional usage.
C. GooGooGram voice message services are intended for residents of the United States and Canada. You agree to additional charges for calls made to additional countries.
D. You agree not to use this site and the associated services provided by MK Message Solutions for illegal purposes or for the transmission of material or messages that are unlawful, harassing, libelous, invasive of another's privacy, sexually and/or racially offensive, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable, or that infringes or may infringe on the intellectual property or other rights of another. MK Message Solutions reserves the right to edit or remove any information You transmit to or from this site, or suspend or terminate Your account at any time for any reason without refund.
E. You agree not to use this site for the transmission of telephone solicitations, anonymous calls, harassing calls, annoying calls, or for making or causing to be made any telephone call to any person other than Yourself or to persons who have granted You absolute permission to cause calls to be made to them.
F. You agree to be responsible for Your use of this site. You agree that MK Message Solutions is not responsible or liable for messages that You may cause to be delivered, either to Yourself or to another person.
General Practices Regarding Use and Storage
You acknowledge that the Company may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that information stored in an online guestbook or online announcement will be retained by the Site, the maximum disk space that will be allotted on the Company's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that the Company has no responsibility or liability for the deletion or failure to store any content maintained by the Site. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Limitations on Use
You must be 18 years of age or older to use the GooGooGram.com service. Unless otherwise specified, the content on the GooGooGram.com Web site is for your personal and non-commercial use and we grant you a limited license to access the GooGooGram.com Web site for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the GooGooGram.com Web site without our express written consent. Any unauthorized use of the GooGooGram.com Web site or its contents will terminate the limited license granted by us.
Privacy
Any information submitted on the GooGooGram.com Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.
Intellectual Property
Copyright
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights.
All content included on the GooGooGram.com Web site, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of MK Message Solutions or its suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of MK Message Solutions and protected by U.S. and international copyright laws. They should not be reproduced or used without express written permission from MK Message Solutions.
Trademarks
MK Message Solutions is a registered trademark of MK Message Solutions and other marks indicated on our site are trademarks of MK Message Solutions. All GooGooGram.com graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of MK Message Solutions. MK Message Solutions' trademarks and trade dress may not be used in connection with any product or service that is not MK Message Solutions, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MK Message Solutions. All other trademarks not owned by MK Message Solutions that appear on the GooGooGram.com Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MK Message Solutions. Any images of persons or personalities contained on the GooGooGram.com Web site shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.
Termination
Each account will remain active for use for a four (4) month period starting when the account is created.
You agree that this site may, in its sole discretion, terminate or suspend your access to all or part of this site for any reason, including, without limitation, breach of this Agreement or any subsequent modifications, or attempted assignment of your account by you. You acknowledge and agree that termination may be effected without prior notice, and acknowledge and agree that this site may immediately bar further access.
This site shall not be liable to you or any third party for the termination of your account and services or any claims related to the termination of your account and services. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of your account without refund and may be referred to appropriate law enforcement authorities.
DISCLAIMER OF WARRANTIES
THIS SITE AND THE SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANT QUALITY, CORRESPONDENCE TO DESCRIPTION AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THIS SITE, ANY CHANGES TO THIS SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE. YOU SPECIFICALLY AGREE THAT THIS SITE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH THE SERVICE, OR WITH ANY OF THIS SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE AND ITS ASSOCIATED SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES, CONDITIONS OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS IN SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold this site and each of its stand-alone services, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising from the content you transmit to or through and any and every call you cause to be made, as well as your conduct on or arising from the use of, this site.
General
This Agreement and the relationship between you and this site shall be governed by the laws of the State of California in the United States of America without regard to its conflict of law provisions. You and this site agree to submit to the personal and exclusive jurisdiction of the State of California, Santa Clara County, or the applicable United States District Court covering Santa Clara County, California, USA. However, both this site and you agree to submit to binding arbitration for any dispute. Such arbitration shall be held before one arbiter who is a member of the American Arbitration Association, using California Law and in the venue of Santa Clara County, California, USA.
This site's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or this Agreement must be filed within 90 days after such claim or cause of action arose or be forever barred. You further agree that the total liability of MK Message Solutions operating this site as GooGooGram.com shall not exceed the total amount of funds paid by you to and fully collected by GooGooGram.com.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
This agreement is the only agreement, and is the entire agreement, between the parties hereto. No other provisions, whether expressed in writing, stated verbally, or transmitted electronically or otherwise, shall be binding on either party unless and until such provisions have been agreed to and exercised in written form by both parties or their legal agents. |