yourminis
Welcome! We offer you the Goowy applications (described below) provided that you agree to the following terms.
BY ACCESSING, USING OR REGISTERING FOR THE GOOWY APPLICATIONS, YOU ARE SIGNIFYING ELECTRONICALLY THAT YOU AGREE TO ABIDE BY THE FOLLOWING TERMS (the “TERMS”). Please review these Terms carefully, in which you are consenting to the information practices disclosed in our Privacy Policy, agreeing to resolve any dispute that you may have with us in California, and consenting to receive terms and notices from us online.
If you do not agree with any of these terms, you may not and do not use the Goowy applications.
1. Introduction. These Terms govern your use of the Content (defined below), Web sites (the “Site”), applications, Software (defined below), widgets, gadgets, updates, products and services (collectively, the “Applications” or “Goowy applications”) provided by Goowy Media Inc. and its parent and affiliates. In this Agreement, we use the term "Content" to mean text, pictures, music, video, data and other content, we use the term "you" to mean you and any individual or entity that uses or signs up for the Applications and we use the terms “we,” “us” or “our” to mean Goowy Media, Inc., its parent and affiliates.
2. We may modify these Terms. We may modify these Terms at any time. You agree to review these Terms periodically so that you will be apprised of any changes and to check for any notices we may provide regarding updates to these Terms. We post the latest version of this Agreement located at http://blog.yourminis.com/terms_of_service/index.html . If you continue to use the Applications after we post or notify you about changes to these Terms, you signify your acceptance of the new Terms. If you disagree with any changes to the Terms, you must discontinue your use of the Applications before the changes take effect. Certain Content and Applications may be subject to additional terms and conditions that will supplement these Terms. You will have an opportunity to review the additional terms before you elect to use those services.
3. Registration. We and our affiliates may provide certain interactive or communications online services that may require you to obtain log-in and password credentials ("User IDs"). Registration for User IDs may be subject to separate terms and conditions, which you understand and agree will govern your use of such User IDs when you access the Applications and/or services or products offered by our affiliates, such as, instant messaging, mail or other products.
4. Our Privacy Policy. Our Privacy Policy explains the information practices that apply to your information when you use the Applications, as well as the choices you can make about the ways this information is used by us and our affiliated providers. You consent to the transfer of this information to and within the United States or other countries for processing and storage by us.
5. Inactive Status. In addition to the termination rights that we have under these Terms, we also reserve the right to deactivate your account if your account has been inactive for more than 180 days. The only exception to this rule is if your account is assigned to a fee-based service for which you are a subscriber in good standing. This means you must use your account regularly, such as, by logging into the Applications with your User ID in order to keep your registration active.
6. Change, Suspension or Termination. We may change or discontinue any offering and Application at any time and without notice. We may impose general operating rules for the Applications. We may establish limits on storing, uploading or downloading any data or impose time outs if you are idle on a particular Application. We reserve the right, at our sole discretion, to change, suspend or terminate your use of the Applications at any time for any reason (including, without limitation, if we learn that you have violated these terms or you are under the age of 13) without notice to you. You agree that we shall not be liable to you or any third party for any change, suspension of termination of your use of the Applications or any of the services, products and information provided with the Applications. You may change, suspend or terminate your use of any Application.
7. Your Responsibilities. We offer the Applications for your personal use only. You are responsible for all activities under your account, including all legal liability incurred from the use of your account by you or others. You may use the Applications for lawful purposes only. You agree that you will not access or use the Applications, or otherwise engage in any conduct that: violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights; is unlawful; uses technology or other means to access the Applications that is not authorized by us; use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Applications or our networks; attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; attempts to gain unauthorized access to our computer network or user accounts; encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; violates this Agreement, guidelines or any policy posted on the Applications; attempts to damage, disable, overburden, or impair our servers or networks; or interferes with any other party's use and enjoyment of the Applications. You agree that we may take any legal and technical remedies to enforce this Agreement, including without limitation, immediate termination of your account or access to any Application if we believe in our discretion you are violating this Agreement.
8. No Spam. You may not use the Applications to harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Applications to violate these Terms. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communications networks.
9. Advertising. You acknowledge and agree that the Applications are supported by advertising, and you agree that such advertising may be presented as part of our services. Any dealings that you have with advertisers found on the Applications are between you and the advertiser, and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
10. Proprietary Rights. We, our licensors, suppliers, and various providers of Content, own the property rights to the Applications and any Content or materials offered through the Applications, which are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights. The Applications and Content may have security components that protect digital information only as authorized by us or the owner of the Content. We retain and exclusively own all right, title and interest in and to our trademarks, trade names, brand names, logotypes, symbols, service marks, domain names and the goodwill of the business symbolized thereby. You may access the Applications only through the Software, interfaces and protocols provided or authorized by us.
11. Software. We or our suppliers may provide you with software to use with the Services (“Software”). Such Software will be subject to the terms of the license agreement that accompanies the Software. If there is no license agreement presented to you with the Software, then we and our suppliers grant you a personal, non-exclusive, non-transferable, limited license to install the Software on any single computer or device from which you wish to access and use the Services. Such Software is protected by copyright and other intellectual property laws and treaties and owned by us or our suppliers. You may not sell or redistribute the Software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile or disassemble the Software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt or create derivative works from the Software in any way or remove proprietary notices in the Software. You agree to abide by all laws and regulations in effect regarding your use of the Software and the Applications. Finally, you may not authorize or assist any third party to do any of the things prohibited in this paragraph. We may automatically check your version of the Software. We may automatically update the Software on your computer to improve the performance and capabilities of the Software. If you shut down the Software during an automatic update or otherwise interfere with the installation of the update, the Software may be damaged and/or cease to operate. The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the Software with only those rights as set forth herein. U.S. GOVERNMENT END-USERS. Any Software offered by us or our suppliers is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial software" and "commercial computer documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all end users, including U.S. Government end users acquire Software with only those rights as set forth herein.
12. Our license to you. We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use the Applications subject to the terms of this Agreement. You may not use the Applications in a manner that exceeds the rights granted to you. You may use Content offered for downloading, such as photos and music, for personal use only and subject to the rules that accompany that particular Content. You may not use the Applications or any Content in a manner that exceeds the rights granted for your use of such materials, which includes unauthorized copying or distribution of the Applications or Content or creating an unauthorized derivative work. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Applications.
13. Content You Post. Certain Applications may allow you to post or upload Content that can be accessed and viewed by others, including the public in general. You may only post Content that you created or that you have permission to post. You may not post Content that violates these Terms. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of the Goowy applications, you grant us, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt, store, transmit and promote this Content in any medium.
14. Widgets. We also may offer users the ability to upload widgets to use with the Goowy applications (“Widgets”). WE OFFER THIS FEATURE “AS IS.” AND YOU AGREE THAT YOUR USE OF THIS FEATURE IS AT YOUR OWN RISK. We do not claim ownership of a Widget that you upload for use by us and visitors to the Site. However, by uploading a Widget to the Site, you grant us unlimited permission and license to use and make available your Widget in connection with the operation of this Site and the Applications. Without limiting the foregoing, you grant us a worldwide, non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, freely transferable (with the right to sublicense) right and license to copy, distribute, transmit, publicly display, publicly perform and reproduce your Widget and to otherwise use and make available your Widget in any manner for any lawful purpose. By uploading a Widget, you represent and warrant that you own or otherwise control all of the rights to your Widget necessary for you to upload your Widget to this Site and to grant us the right and license provided above. In addition, by uploading a Widget that contains content, you represent and warrant that you are the copyright owner of such content or that you have all of the rights to such content necessary for you to grant us the right and license provided above. You acknowledge and agree that no compensation whatsoever, whether monetary or otherwise, will be provided to you with respect to your uploading a Widget to this Site or our using or making available your Widget. Without limiting the right and license provided above, you acknowledge that your Widget can be placed on personal and public pages on this Site, other Web sites that third parties either own or are legally permitted to access or third party computer desktops. Uploading your Widget shall not be in violation of applicable law. For example, your Widget shall not be uploaded to display, transmit or otherwise provide access to any unlawful, infringing, libelous, obscene or harassing content of any kind or that otherwise violate these Terms, including without limitation, the restrictions described in Section 7. We are under no obligation to use or make available any Widget you upload and we may remove any Widget from this Site at any time for any reason in our sole discretion. We may also change information on this Site related to your Widget for any reason in our sole discretion. For example, we may change rating information for your Widget if you change the functionality or purpose of your Widget. The provisions of this paragraph are in addition to, and not intended to limit or modify, the license paragraph of these Terms.
15. We are not liable for Content or Widget and any Content provided through those Widgets that are provided by others. We have no duty to pre-screen Content. We reserve the right to remove Content and Widgets for any reason, but we are not responsible for any failure or delay in removing such material. We are not responsible for content made available on the Internet. Any dealings that you have with advertisers found on the Applications are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
16. Fees and Payment. We may offer premium services for a fee. Payment and other applicable terms will be disclosed to you at the time you sign up for any fee-based service and you will be subject to those additional terms.
17. Support Services. We are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the Software, although we reserve the right to do so.
18. Disclaimers. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR THE RELIABILITY OF THE APPLICATIONS OR ANY SERVICES, PRODUCTS, WIDGETS, CONTENT OR INFORMATION OFFERED WITH OR THROUGH THE APPLICATIONS. THE APPLICATIONS ARE PROVIDED “AS AVAILABLE,” “WITH ALL FAULTS” AND “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY OR FITNESS FOR ANY PARTICULAR PURPOSE). SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE MAKE NO RESPRESENTATIONS AS TO RESULTS OR THAT THE APPLICATIONS WILL MEET YOUR REQUIREMENTS. OTHERWISE, THIS PARAGRAPH IS INTENDED TO BE APPLICABLE TO THE MAXIMUM EXTENT ALLOWED BY LAW.
19. Limitation of Liabilities. YOU UNDERSTAND AND AGREE THAT WE, OUR LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR OTHER INTANGIBLE LOSSES), EVEN IF YOU OR WE HAVE BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, DIRECTLY OR INDIRECTLY RESULTING FROM, ARISING OUT OF, RELATING TO OR IN CONNECTION WITH: (1) YOUR USE OR INABILITY TO ACCESS OR USE THE APPLICATIONS OR UPLOAD WIDGETS; (2) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY CONTENT IN AN APPLICATION); OR (3) ANY OTHER MATTER RELATED TO THE APPLICATIONS OR WIDGETS. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. OTHERWISE, THIS PARAGRAPH IS INTENDED TO BE APPLICABLE TO THE MAXIMUM EXTENT ALLOWED BY LAW.
20. Events Beyond Our Control. Under no circumstances shall we be held liable for any delay or failure of any Application directly or indirectly resulting from, arising out of, relating to or in connection with events beyond our reasonable control, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of liabilities paragraph of these terms.
21. Indemnification. You agree to indemnify and hold harmless us, our affiliates and their respective directors, officers, employees, independent contractors, agents and other representatives for, from and against any losses, liabilities, suits, claims, costs, damages and expenses (including, without limitation, reasonable attorneys’ fees and expenses) directly or indirectly resulting from, arising out of, relating to or in connection with your violation of these terms or your use of the Applications or your uploading of any Widget. This paragraph is intended to be applicable to the maximum extent allowed by law.
22. International Use. We make no representation that the Applications are appropriate or available for use in the country, geographic area or jurisdiction where you are located. You may not access the Applications from territories where the Applications are prohibited by law. You are responsible for compliance with local laws when you access and use the Applications.
23. Electronic contracting and notices. You understand and agree that we are an online service and, therefore, we transact with our customers electronically. Your affirmative act of registering, accessing or using the Application constitutes your acceptance of these Terms. These Terms shall have the same force and effect as an agreement in writing. You further agree to receive all required notices ("Notices") from us electronically. WE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY (1) VIA THE E-MAIL IF YOU HAVE PROVIDED US OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE. In the event you subscribe to any text messaging services from us, we will provide you with instructions on how you can opt out of receiving such text messages from us. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Applications.
24. Miscellaneous. These Terms and any supplemental terms that apply to a specific Application constitute the entire agreement between you and us in connection with your use of the Applications. The Applications are controlled, operated and administered by us from our offices in Los Angeles County, California, United States of America. As such, these terms shall be governed by the laws of the State of California without giving effect to its conflict of laws principles, and you agree that all actions or proceedings instituted by you resulting from, arising out of, relating to or in connection with use of this Applications, the information, products and services provided on this Applications or these terms shall be tried and litigated exclusively in the State and Federal courts located in Los Angeles County, California, United States of America. PLEASE NOTE THAT BY AGREEING TO THESE TERMS, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
BY ACCESSING, USING OR REGISTERING FOR THE GOOWY APPLICATIONS, YOU ARE SIGNIFYING ELECTRONICALLY THAT YOU AGREE TO ABIDE BY THE FOLLOWING TERMS (the “TERMS”). Please review these Terms carefully, in which you are consenting to the information practices disclosed in our Privacy Policy, agreeing to resolve any dispute that you may have with us in California, and consenting to receive terms and notices from us online.
If you do not agree with any of these terms, you may not and do not use the Goowy applications.
1. Introduction. These Terms govern your use of the Content (defined below), Web sites (the “Site”), applications, Software (defined below), widgets, gadgets, updates, products and services (collectively, the “Applications” or “Goowy applications”) provided by Goowy Media Inc. and its parent and affiliates. In this Agreement, we use the term "Content" to mean text, pictures, music, video, data and other content, we use the term "you" to mean you and any individual or entity that uses or signs up for the Applications and we use the terms “we,” “us” or “our” to mean Goowy Media, Inc., its parent and affiliates.
2. We may modify these Terms. We may modify these Terms at any time. You agree to review these Terms periodically so that you will be apprised of any changes and to check for any notices we may provide regarding updates to these Terms. We post the latest version of this Agreement located at http://blog.yourminis.com/terms_of_service/index.html . If you continue to use the Applications after we post or notify you about changes to these Terms, you signify your acceptance of the new Terms. If you disagree with any changes to the Terms, you must discontinue your use of the Applications before the changes take effect. Certain Content and Applications may be subject to additional terms and conditions that will supplement these Terms. You will have an opportunity to review the additional terms before you elect to use those services.
3. Registration. We and our affiliates may provide certain interactive or communications online services that may require you to obtain log-in and password credentials ("User IDs"). Registration for User IDs may be subject to separate terms and conditions, which you understand and agree will govern your use of such User IDs when you access the Applications and/or services or products offered by our affiliates, such as, instant messaging, mail or other products.
4. Our Privacy Policy. Our Privacy Policy explains the information practices that apply to your information when you use the Applications, as well as the choices you can make about the ways this information is used by us and our affiliated providers. You consent to the transfer of this information to and within the United States or other countries for processing and storage by us.
5. Inactive Status. In addition to the termination rights that we have under these Terms, we also reserve the right to deactivate your account if your account has been inactive for more than 180 days. The only exception to this rule is if your account is assigned to a fee-based service for which you are a subscriber in good standing. This means you must use your account regularly, such as, by logging into the Applications with your User ID in order to keep your registration active.
6. Change, Suspension or Termination. We may change or discontinue any offering and Application at any time and without notice. We may impose general operating rules for the Applications. We may establish limits on storing, uploading or downloading any data or impose time outs if you are idle on a particular Application. We reserve the right, at our sole discretion, to change, suspend or terminate your use of the Applications at any time for any reason (including, without limitation, if we learn that you have violated these terms or you are under the age of 13) without notice to you. You agree that we shall not be liable to you or any third party for any change, suspension of termination of your use of the Applications or any of the services, products and information provided with the Applications. You may change, suspend or terminate your use of any Application.
7. Your Responsibilities. We offer the Applications for your personal use only. You are responsible for all activities under your account, including all legal liability incurred from the use of your account by you or others. You may use the Applications for lawful purposes only. You agree that you will not access or use the Applications, or otherwise engage in any conduct that: violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights; is unlawful; uses technology or other means to access the Applications that is not authorized by us; use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Applications or our networks; attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; attempts to gain unauthorized access to our computer network or user accounts; encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; violates this Agreement, guidelines or any policy posted on the Applications; attempts to damage, disable, overburden, or impair our servers or networks; or interferes with any other party's use and enjoyment of the Applications. You agree that we may take any legal and technical remedies to enforce this Agreement, including without limitation, immediate termination of your account or access to any Application if we believe in our discretion you are violating this Agreement.
8. No Spam. You may not use the Applications to harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Applications to violate these Terms. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communications networks.
9. Advertising. You acknowledge and agree that the Applications are supported by advertising, and you agree that such advertising may be presented as part of our services. Any dealings that you have with advertisers found on the Applications are between you and the advertiser, and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
10. Proprietary Rights. We, our licensors, suppliers, and various providers of Content, own the property rights to the Applications and any Content or materials offered through the Applications, which are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights. The Applications and Content may have security components that protect digital information only as authorized by us or the owner of the Content. We retain and exclusively own all right, title and interest in and to our trademarks, trade names, brand names, logotypes, symbols, service marks, domain names and the goodwill of the business symbolized thereby. You may access the Applications only through the Software, interfaces and protocols provided or authorized by us.
11. Software. We or our suppliers may provide you with software to use with the Services (“Software”). Such Software will be subject to the terms of the license agreement that accompanies the Software. If there is no license agreement presented to you with the Software, then we and our suppliers grant you a personal, non-exclusive, non-transferable, limited license to install the Software on any single computer or device from which you wish to access and use the Services. Such Software is protected by copyright and other intellectual property laws and treaties and owned by us or our suppliers. You may not sell or redistribute the Software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile or disassemble the Software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt or create derivative works from the Software in any way or remove proprietary notices in the Software. You agree to abide by all laws and regulations in effect regarding your use of the Software and the Applications. Finally, you may not authorize or assist any third party to do any of the things prohibited in this paragraph. We may automatically check your version of the Software. We may automatically update the Software on your computer to improve the performance and capabilities of the Software. If you shut down the Software during an automatic update or otherwise interfere with the installation of the update, the Software may be damaged and/or cease to operate. The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the Software with only those rights as set forth herein. U.S. GOVERNMENT END-USERS. Any Software offered by us or our suppliers is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial software" and "commercial computer documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all end users, including U.S. Government end users acquire Software with only those rights as set forth herein.
12. Our license to you. We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use the Applications subject to the terms of this Agreement. You may not use the Applications in a manner that exceeds the rights granted to you. You may use Content offered for downloading, such as photos and music, for personal use only and subject to the rules that accompany that particular Content. You may not use the Applications or any Content in a manner that exceeds the rights granted for your use of such materials, which includes unauthorized copying or distribution of the Applications or Content or creating an unauthorized derivative work. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Applications.
13. Content You Post. Certain Applications may allow you to post or upload Content that can be accessed and viewed by others, including the public in general. You may only post Content that you created or that you have permission to post. You may not post Content that violates these Terms. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of the Goowy applications, you grant us, our parent, affiliates, and distributors the right to use, copy, display, perform, distribute, adapt, store, transmit and promote this Content in any medium.
14. Widgets. We also may offer users the ability to upload widgets to use with the Goowy applications (“Widgets”). WE OFFER THIS FEATURE “AS IS.” AND YOU AGREE THAT YOUR USE OF THIS FEATURE IS AT YOUR OWN RISK. We do not claim ownership of a Widget that you upload for use by us and visitors to the Site. However, by uploading a Widget to the Site, you grant us unlimited permission and license to use and make available your Widget in connection with the operation of this Site and the Applications. Without limiting the foregoing, you grant us a worldwide, non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, freely transferable (with the right to sublicense) right and license to copy, distribute, transmit, publicly display, publicly perform and reproduce your Widget and to otherwise use and make available your Widget in any manner for any lawful purpose. By uploading a Widget, you represent and warrant that you own or otherwise control all of the rights to your Widget necessary for you to upload your Widget to this Site and to grant us the right and license provided above. In addition, by uploading a Widget that contains content, you represent and warrant that you are the copyright owner of such content or that you have all of the rights to such content necessary for you to grant us the right and license provided above. You acknowledge and agree that no compensation whatsoever, whether monetary or otherwise, will be provided to you with respect to your uploading a Widget to this Site or our using or making available your Widget. Without limiting the right and license provided above, you acknowledge that your Widget can be placed on personal and public pages on this Site, other Web sites that third parties either own or are legally permitted to access or third party computer desktops. Uploading your Widget shall not be in violation of applicable law. For example, your Widget shall not be uploaded to display, transmit or otherwise provide access to any unlawful, infringing, libelous, obscene or harassing content of any kind or that otherwise violate these Terms, including without limitation, the restrictions described in Section 7. We are under no obligation to use or make available any Widget you upload and we may remove any Widget from this Site at any time for any reason in our sole discretion. We may also change information on this Site related to your Widget for any reason in our sole discretion. For example, we may change rating information for your Widget if you change the functionality or purpose of your Widget. The provisions of this paragraph are in addition to, and not intended to limit or modify, the license paragraph of these Terms.
15. We are not liable for Content or Widget and any Content provided through those Widgets that are provided by others. We have no duty to pre-screen Content. We reserve the right to remove Content and Widgets for any reason, but we are not responsible for any failure or delay in removing such material. We are not responsible for content made available on the Internet. Any dealings that you have with advertisers found on the Applications are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
16. Fees and Payment. We may offer premium services for a fee. Payment and other applicable terms will be disclosed to you at the time you sign up for any fee-based service and you will be subject to those additional terms.
17. Support Services. We are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the Software, although we reserve the right to do so.
18. Disclaimers. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR THE RELIABILITY OF THE APPLICATIONS OR ANY SERVICES, PRODUCTS, WIDGETS, CONTENT OR INFORMATION OFFERED WITH OR THROUGH THE APPLICATIONS. THE APPLICATIONS ARE PROVIDED “AS AVAILABLE,” “WITH ALL FAULTS” AND “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY OR FITNESS FOR ANY PARTICULAR PURPOSE). SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE MAKE NO RESPRESENTATIONS AS TO RESULTS OR THAT THE APPLICATIONS WILL MEET YOUR REQUIREMENTS. OTHERWISE, THIS PARAGRAPH IS INTENDED TO BE APPLICABLE TO THE MAXIMUM EXTENT ALLOWED BY LAW.
19. Limitation of Liabilities. YOU UNDERSTAND AND AGREE THAT WE, OUR LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR OTHER INTANGIBLE LOSSES), EVEN IF YOU OR WE HAVE BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, DIRECTLY OR INDIRECTLY RESULTING FROM, ARISING OUT OF, RELATING TO OR IN CONNECTION WITH: (1) YOUR USE OR INABILITY TO ACCESS OR USE THE APPLICATIONS OR UPLOAD WIDGETS; (2) ANY STATEMENT OR CONDUCT OF ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY CONTENT IN AN APPLICATION); OR (3) ANY OTHER MATTER RELATED TO THE APPLICATIONS OR WIDGETS. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. OTHERWISE, THIS PARAGRAPH IS INTENDED TO BE APPLICABLE TO THE MAXIMUM EXTENT ALLOWED BY LAW.
20. Events Beyond Our Control. Under no circumstances shall we be held liable for any delay or failure of any Application directly or indirectly resulting from, arising out of, relating to or in connection with events beyond our reasonable control, including, without limitation, Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of liabilities paragraph of these terms.
21. Indemnification. You agree to indemnify and hold harmless us, our affiliates and their respective directors, officers, employees, independent contractors, agents and other representatives for, from and against any losses, liabilities, suits, claims, costs, damages and expenses (including, without limitation, reasonable attorneys’ fees and expenses) directly or indirectly resulting from, arising out of, relating to or in connection with your violation of these terms or your use of the Applications or your uploading of any Widget. This paragraph is intended to be applicable to the maximum extent allowed by law.
22. International Use. We make no representation that the Applications are appropriate or available for use in the country, geographic area or jurisdiction where you are located. You may not access the Applications from territories where the Applications are prohibited by law. You are responsible for compliance with local laws when you access and use the Applications.
23. Electronic contracting and notices. You understand and agree that we are an online service and, therefore, we transact with our customers electronically. Your affirmative act of registering, accessing or using the Application constitutes your acceptance of these Terms. These Terms shall have the same force and effect as an agreement in writing. You further agree to receive all required notices ("Notices") from us electronically. WE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY (1) VIA THE E-MAIL IF YOU HAVE PROVIDED US OR (2) BY POSTING THE NOTICE ON A WEBSITE DESIGNATED BY US FOR THIS PURPOSE. In the event you subscribe to any text messaging services from us, we will provide you with instructions on how you can opt out of receiving such text messages from us. The delivery of any Notice is effective when sent or posted by us, regardless of whether you read the Notice or actually receive delivery. You can withdraw your consent to receive Notices electronically by discontinuing your use of the Applications.
24. Miscellaneous. These Terms and any supplemental terms that apply to a specific Application constitute the entire agreement between you and us in connection with your use of the Applications. The Applications are controlled, operated and administered by us from our offices in Los Angeles County, California, United States of America. As such, these terms shall be governed by the laws of the State of California without giving effect to its conflict of laws principles, and you agree that all actions or proceedings instituted by you resulting from, arising out of, relating to or in connection with use of this Applications, the information, products and services provided on this Applications or these terms shall be tried and litigated exclusively in the State and Federal courts located in Los Angeles County, California, United States of America. PLEASE NOTE THAT BY AGREEING TO THESE TERMS, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
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