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© 2011 Schakra, Inc. All Rights Reserved. | Privacy Notice | Terms Of Use
Schakra, Inc. ("Schakra" "us," "we," and "our" and or affiliates) has developed on on-line service called "GOGOSTAT," to assist you to manage your on-line communications from various services and helps you collaborate with family, friends, and work associates. The services offered by Schakra include any Schakra-branded URL (the "Schakra Website", "GOGOSTAT Services"). This agreement shall apply to all of the services offered by Schakra, including any social network applications. The GOGOSTAT Services are currently hosted in the United States, but we reserve the right to relocate the hosting to servers outside the United States.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the GOGOSTAT Services. By signing up and being accepted by Schakra as a user ("Member" or "User") of the GOGOSTAT Services, you agree to be bound by this Agreement. You are only authorized to use the GOGOSTAT Services if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Schakra Website and discontinue use of the GOGOSTAT Services immediately. You accept and agree to the terms of this Agreement on your own behalf and/or on behalf of your company, organization or educational institution as its authorized legal representative, by clicking the "Agree" or similar button, where this option is provided by Schakra.
This Agreement includes Schakra's policy for acceptable use of the GOGOSTAT Services and your rights, obligations and restrictions regarding your use of the GOGOSTAT Services. In order to participate in certain GOGOSTAT Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from Schakra. Unless otherwise provided by the additional terms and conditions applicable to the GOGOSTAT Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: support@gogostat.com, Subject: Terms of Use Agreement.
Schakra may modify this Agreement from time to time and such modification shall be effective upon posting by Schakra on the Schakra Website. If you do not agree to the change, you must cancel and stop using the GOGOSTAT Service before the change takes place. Your continued use of the GOGOSTAT Services after Schakra posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Schakra reserves the right, in its sole discretion, to reject, deny, restrict, suspend, or terminate your access to all or any part of the GOGOSTAT Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Schakra expressly reserves the right to deny, restrict, suspend, or terminate your access to all or any part of the GOGOSTAT Services if Schakra determines, in its sole discretion that you have violated this Agreement or pose a threat to Schakra and/or its Users.
Use of the GOGOSTAT Services and registration to be a User for the GOGOSTAT Services ("Membership") is void where prohibited. By using the GOGOSTAT Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the GOGOSTAT Services does not violate any applicable law or regulation. Your account may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18. If you are under the age of 18, we require you to have your parent review this Agreement with you and have your parent or legal guardian indicate his or her acceptance to the terms and conditions of this Agreement.
The GOGOSTAT Service may choose to enable you to have other people create member accounts and passwords associated with your account. We call these "associated accounts." You are responsible for all activity under your account, associated accounts, and passwords. If you are the user of an associated account, then the holder of the GOGOSTAT Service account has full control over your associated account. This control includes the right to end the GOGOSTAT Service, close or alter your associated account at any time, and in some cases, to request and receive computer and GOGOSTAT Service use information related to your associated account. Any data related to your associated account is collected and delivered to the account holder and Schakra.
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the GOGOSTAT Services or are a User. You may terminate your Membership at any time, for any reason, by following the instructions provided by Schakra on its website. Cancellation of the GOGOSTAT Service by you will not alter your obligation to pay all charges made to your billing account, if any. Schakra may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. If we do, your right to use the GOGOSTAT Service will stop right away. Cancellation of the GOGOSTAT Service will not change your obligation to pay any charges due on your billing account, if any. If we cancel the GOGOSTAT Service without cause, we will refund the unused portion of your GOGOSTAT Service charge, if any, for that period on a pro rata basis. Even after Membership is terminated, this Agreement will remain in effect.
Upon termination or cancellation of the GOGOSTAT Service by you or us for any reason, Schakra reserves the right to either delete your data permanently from our servers or retain your data so long as we choose, at our discretion. You are responsible for taking the necessary steps to back up your data.
Waiver of rights and obligations. To the extent necessary to implement the termination of this contract, each party waives any right and obligation under any applicable law or regulation to request or obtain intervention of the courts to terminate this contract.
You acknowledge that Schakra reserves the right to charge for any portion of the GOGOSTAT Services and to change its charges (if any) from time to time in its discretion. If Schakra terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
You are solely responsible for any third party charges, including your mobile carrier and internet connection charges, subscription and license fees from your third party information providers, your membership dues or fees in information directed to the GOGOSTAT Services on your behalf. You agree to indemnify and hold Schakra harmless from these charges.
When you sign up to become a Member, you will be directed to a third party secured site ("Security Site") to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify the Security Site, in accordance with instructions set forth in the Security Site, if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Personal Use. The GOGOSTAT Services are for the personal use of Users. Illegal and/or unauthorized use of the GOGOSTAT Services, including, but not limited to, spam, bots, worms, indexing, mining, aggregating, scrubbing, and collecting usernames, user id numbers, User Information, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, communications or unauthorized framing of or linking to the Schakra Website, is prohibited. You will not disassemble, decompile, or reverse engineer any portion of the GOGOSTAT Service, without written permission of Schakra. Schakra reserves the right to take appropriate legal action for any illegal or unauthorized use of the GOGOSTAT Services.
Partner Program. Schakra has a partner program that allows certain invited partners access to information of the GOGOSTAT Services website for purposes of analyzing, aggregating, scrubbing, indexing or observing said data. If you are interested in joining the partner program, then contact Schakra by emailing us at: support@gogostat.com. We will then request that you complete the appropriate forms in order for us to evaluate whether we want to form a partner relationship with you. Schakra's partner program requires each partner to agree to the terms and conditions of Schakra's partner agreement, which will be provided to you once Schakra accepts you as a partner. We reserve the right to accept or reject, at our discretion, any person or entity requesting to join the Schakra partner program.
Schakra does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "User Information") that are organized and/or streamlined through the GOGOSTAT Services. You continue to retain any such rights that you may have in your User Information, subject to the limited license herein. You agree to procure any required copyrights or other permission to display User Information originating from a third party. Any User Information displayed on or through the GOGOSTAT Services, you hereby grant to Schakra a royalty-free, non-exclusive, transferable, sub-licensable worldwide license ("IP License") to use, modify, delete in part or in whole, add to, publicly perform, publicly display, reproduce, and distribute such User Information solely on or through the GOGOSTAT Services or its Partner Program, including without limitation distributing part or all of the GOGOSTAT Services program or Schakra Website in any media formats and through any media channels, except User Information marked "private" will not be distributed outside the GOGOSTAT Services and/or Schakra Website. Upon your termination of the GOGOSTAT Services and deletion of you User Information from Schakra's or its agent's servers, Schakra's IP License will terminate
Schakra shall have the right to sub-licensable the User Information (so that Schakra is able to use its affiliates, subcontractors and other Partner Program partners, such as Internet content delivery networks and wireless carriers, to provide, analyze, improve or create value enhancements to the GOGOSTAT Services), both in the United States and worldwide (because the Internet and the GOGOSTAT Services are global in reach).
You represent and warrant that: (i) you own the User Information that is brought by you on or through the GOGOSTAT Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the presence of your User Information on or through the GOGOSTAT Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Information brought by you on or through the GOGOSTAT Services. You agree to hold us harmless from any third party privacy, copyright or other claim relating to data or content brought by you or on your behalf to the GOGOSTAT Services.
The GOGOSTAT Services contain User Information of Schakra ("Schakra User Information"). Schakra User Information is protected by copyright, trademark, patent, trade secret and other laws, and Schakra owns and retains all rights in the Schakra User Information and the GOGOSTAT Services. Schakra hereby grants you a limited, revocable, non-sub-licensable license to reproduce and display the Schakra User Information (excluding any software code) solely for your personal use in connection with viewing the Schakra Website and using the GOGOSTAT Services.
The GOGOSTAT Services may contain User Information of Users and other Schakra licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any User Information (other than yours) appearing on or through the GOGOSTAT Services sites.
Schakra performs technical functions necessary to offer the GOGOSTAT Services, including but not limited to trans-coding and/or reformatting User Information to allow its use throughout the GOGOSTAT Services.
Schakra may reject, refuse to accept or delete any User Information for any or no reason, including User Information that in the sole judgment of Schakra violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Schakra assumes no responsibility for monitoring the GOGOSTAT Services for inappropriate User Information or conduct.
You are solely responsible for the User Information that you provide or is delivered on your behalf on or through any of the GOGOSTAT Services, and any material or information that you transmit to other Members and for your interactions with other Users.
The User agrees that User will not perform any actions or bring or allow to be delivered any User Information on or through the GOGOSTAT Services that is:
Schakra reserves the right to investigate and take appropriate legal action against anyone who, in Schakra's sole discretion, violates the above provisions, including without limitation, reporting you to law enforcement authorities. We may, but have no obligation, to remove User Information on Schakra's GOGOSTAT Service, that we determine in our sole discretion are unlawful, threatening, libelous, defamatory, obscene or other objectionable or violates any party's intellectual rights or the Terms of Use.
You will not use Schakra's GOGOSTAT Services if you are located in a country embargoed by the U.S.A., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
Schakra may establish limits on the GOGOSTAT Service. For example, we may limit:
If you exceed GOGOSTAT Service limits, Schakra will provide you with an electronic mail warning and if corrective action is not taken in ten (10) days, then Schakra reserves the right to cancel your GOGOSTAT Service.
Data. Schakra, you, your associated account users, if any, and third parties, including partners of Schakra and advertisers, may be able to post or store materials, including data, documents, information, advertisements, communications, messages and links to third party Web sites ("content") on the GOGOSTAT Service. The GOGOSTAT Service may include a publicly accessible area, such as a public Web site that Schakra hosts for you, a community bulletin board GOGOSTAT Service, shared calendar or other public area that allows you to communicate with others ("public areas of the GOGOSTAT Service"). You understand that Schakra does not control or endorse the content that you and others post or provide on the GOGOSTAT Service. Schakra doesn't claim ownership of content that you and others post or provide.
Links to third-party Web sites. The GOGOSTAT Service may contain links to third-party Web sites. These third-party Web sites are not under Schakra's control. If Schakra has included these links in the GOGOSTAT Service, we provide them to you as a convenience only. The inclusion of these links is not an endorsement by Schakra of any third-party Web site, GOGOSTAT Service or product. Schakra reserves the right to disable links to any third-party Web site that you or other customers post on the GOGOSTAT Service.
Schakra respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Schakra has the right to terminate the Usership of infringers.
If you believe yours or other's work has been copied and posted on or through the GOGOSTAT Services in a way that constitutes copyright infringement, please send Schakra, a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the GOGOSTAT Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature.
You are solely responsible for your interactions with other Schakra Users. Schakra reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users. See User Dispute Resolution section on the Schakra website.
Use of the GOGOSTAT Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. You consent to the access and disclosures outlined in this section.
Performance and usage data. In order to provide you the GOGOSTAT Service, we may collect certain information about GOGOSTAT Service performance, your computer or mobile device and your GOGOSTAT Service use. We may automatically upload this information from your computer or mobile device. This data will not personally identify you.
Filtering technology. We may use technology or other means to protect the GOGOSTAT Service, protect our customers, or stop you from breaching this contract. Examples include filtering to stop spam and viruses or increase security. These means may hinder your use of the GOGOSTAT Service.
Use. If you receive software from us as part of the GOGOSTAT Service, your use of that software is under the terms of the license that is presented to you for acceptance for that software. If there is no license presented to you, then we grant you the right to use the software only for the use of the GOGOSTAT Service authorized under this contract and only on that number of computers stated in your GOGOSTAT Service offer. We reserve all other rights to the software. Unless we notify you otherwise, your right to use the software ends when your right to use the GOGOSTAT Service terminates or expires, and you must promptly uninstall the software. We may disable the software after the date the GOGOSTAT Service ends.
Update. We may periodically update your version of the software. You shall have the right to download the updated software. We may automatically download upgrades to the software to your computer to update, enhance and further develop the GOGOSTAT Service.
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. Schakra reserves all other rights. You will not disassemble, decompile, or reverse engineer any software included in the GOGOSTAT Service, except and only to the extent that the law expressly permits this activity.
Export Laws. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use.
If you obtain anything from a third party through the GOGOSTAT Service, you understand that your relationship with respect to those things is with the third party directly and not with Schakra. Schakra makes no warranties, express or implied as to the content or the accuracy and reliability of the content posted on or through the GOGOSTAT Services. Profiles and third party applications created and posted on the Schakra website may contain links to other websites. Schakra is not responsible for the content, accuracy, or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Schakra or for the presence of viruses. When you access these third party sites, you do so at your own risk. Schakra takes no responsibility for third party advertisements or third party applications that are posted on GOGOSTAT Services.
In the event you assert a claim that relates to or implicates your relationship with a third party, you shall only assert such claim against the third party, and you will not assert any such claim against Schakra, even if Schakra assisted in billing for the third party offering. You are solely responsible for your dealings with any third party, including:
SCHAKRA IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONTENT OR THE ACCURACY AND RELIABILITY OF THE CONTENT POSTED ON OR THROUGH THE GOGOSTAT SERVICES, WHETHER CAUSED BY USERS OF THE GOGOSTAT SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE GOGOSTAT SERVICES AND SUCH CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF SCHAKRA. SCHAKRA IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE GOGOSTAT SERVICES. SCHAKRA ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR USER COMMUNICATION. SCHAKRA IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE TECHNOLOGY, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE GOGOSTAT SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE GOGOSTAT SERVICES . UNDER NO CIRCUMSTANCES SHALL SCHAKRA BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE GOGOSTAT SERVICES, ATTENDANCE AT A SCHAKRA EVENT, FROM ANY USER OR THIRD PARTY CONTENT POSTED ON OR THROUGH THE GOGOSTAT SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE GOGOSTAT SERVICES, WHETHER ONLINE OR OFFLINE. THE GOGOSTAT SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND SCHAKRA EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SCHAKRA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE GOGOSTAT SERVICES.
PARENTAL GUIDANCE APPLICATION DISCLAIMER. ONE OF THE SERVICES PROVIDED BY SCHAKRA IS A PARENTAL GUIDANCE APPLICATION. THE PARENTAL GUIDANCE APPLICATION IS INTENDED TO ASSIST WITH THE MONITORING OF YOUR CHILD'S ONLINE SOCIAL BEHAVIOR. WHILE WE STRIVE TO PERFECT OUR SERVICE, WE CANNOT GUARANTEE THAT OUR PARENTAL GUIDANCE APPLICATION WILL DETECT ALL PREDATORY AND UNSOLICITED INTERACTIONS ONLINE, OR WHETHER YOUR CHILD WILL DISABLE THE GOGOSTAT SERVICE. YOU, THE PARENT, STILL HAVE AN OBLIGATION TO MONITOR YOUR CHILD'S ONLINE BEHAVIOR. THIS IS BECAUSE PEOPLE MAY NOT TRUTHFULLY REPRESENT THEMSELVES ON SOCIAL NETWORKS BY ALTERING KEY TRAITS OF THEIR IDENTITY SUCH AS AGE, SEX, AND LOCATION. IN ADDITION, YOUR CHILD MAY AT ANY TIME CHOOSE TO BLOCK THEIR ONLINE INTERACTIONS AND BEHAVIOR FROM MONITORING BY USING PRIVACY SETTINGS WHICH ARE AVAILABLE TO THEM.
BY USING SCHAKRA'S PARENTAL GUIDANCE APPLICATION YOU ACKNOWLEDGE THIS RELEASE OF LIABILITY AND AGREE TO MONITOR YOUR CHILD'S ONLINE BEHAVIOR IN CONJUNCTION WITH SCHAKRA.
IN NO EVENT SHALL SCHAKRA, OR ITS AFFILIATES, SUPPLIERS AND/OR LICENENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, OR COMPUTER PROGRAMS, OR ANY DAMAGES RELATED TO ACCESS OR EXPOSURE TO OFFENSIVE OR OBSCENE MATERIAL, ARISING FROM YOUR USE OF THE GOGOSTAT SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, SCHAKRA'S NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SCHAKRA'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SCHAKRA FOR THE GOGOSTAT SERVICES DURING THE TERM OF USERSHIP. YOU ACKNOWLEDGE THAT THE ALLOCATION OF RISK IN THIS AGREEMENT AND LICENSE GOGOSTAT SERVICE REFLECTS THE PRICE PAID FOR THE GOGOSTAT SERVICE AND ALSO THE FACT THAT IT IS NOT WITHIN SCHAKRA'S CONTROL AS TO HOW YOU UTILIZE THE GOGOSTAT SERVICE. NO STATEMENT CONTAINED HEREIN SHALL AFFECT THE STATUTORY RIGHTS OF CONSUMERS. THE SECTIONS ON LIMITATION OF LIABILITY, WARRANTIES AND DISCLAIMER OF WARRANTIES ALLOCATE THE RISKS OF THIS AGREEMENT AND LICENSE BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OF THE GOGOSTAT SERVICE AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF THIS LICENSE OR ANY REMEDY HEREUNDER.
This limitation applies to anything related to:
It also applies even if his remedy does not fully compensate you for any losses, or fails of its essential purpose, or Schakra knew or should have known about the possibility of the damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country or region may not allow the exclusion or limitation of incidental, consequential, or other damages.
The Agreement shall be governed by, and construed in accordance with, the laws of the State of Washington, without regard to its conflict of law provisions. You and Schakra agree to submit to the exclusive jurisdiction of the courts located within the State of Washington, King County, to resolve any dispute arising out of the Agreement or the GOGOSTAT Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
To the extent permitted by law, any claim related to this contract or the GOGOSTAT Service must be brought within one year. The one-year period begins on the date when the claim first could be filed. It if is not filed, then that claim is permanently barred. This section applies to you and your successors. It also applies to Schakra and its successors and assigns.
You agree to indemnify and hold Schakra, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the GOGOSTAT Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any User Information that you post on or through the GOGOSTAT Services.
If you give Feedback about the GOGOSTAT Service to Schakra, you give to Schakra, without charge, the right to use, share, and commercialize your Feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies, and content to use or interface with any specific parts of a Schakra software or GOGOSTAT Service that includes the Feedback. You will not give Feedback that is subject to a license that requires Schakra to license its software or documentation to third parties because we include your Feedback in them. These rights survive this contract. The term "Feedback" is any information, comments, suggestions, improvements, modifications whether electronic, written or oral, from a User regarding the GOGOSTAT Service.
This Agreement is in electronic form. If we have promised to send you certain information in connection with the GOGOSTAT Service, then we have the right to send you this information in electronic form. There may be other information about the GOGOSTAT Service that the law requires us to send to you. We may send this information to you in electronic form.
We may provide required information to you by e-mail at the e-mail address you specified when you signed up for the GOGOSTAT Service.
Notices will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the GOGOSTAT Service, you have the necessary software and hardware to receive these notices. If you do not consent to receive notices electronically, you must cancel the GOGOSTAT Service.
Schakra may assign this Agreement, in whole or part, at any time without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt to do so is void. Instead, you may cancel your GOGOSTAT Service. The other party may then establish a GOGOSTAT Service account and enter into a contract with us.
Schakra will not be liable for any loss or damage or be deemed to be in breach of this Agreement due to any event or circumstance beyond its reasonable control, including, war, invasion, electrical shortages, terrorist attacks, earthquakes, or acts of god.
Schakra has an application(s) that run on third-party social networks. When using Schakra's services on third-party platforms, such as Facebook, you agree to adhere to the terms of use of the respective social network. Facebook's terms of use can be found here: http://www.facebook.com/terms.php.
This Agreement is accepted upon your use of the Schakra Website or any of the GOGOSTAT Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and Schakra regarding the use of the GOGOSTAT Services. The failure of Schakra to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Schakra is a trademark of Schakra, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
All contents of the GOGOSTAT Service are Copyright © 2009 Schakra, Inc. All rights reserved.
Please respect the rights of artists and creators. Content such as music, photos, and video may be protected by copyright. People appearing in content may have a right to control use of their image. You are not permitted to use said items without written consent of the owner.
Under Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to us.
Please contact us at: support@gogostat.com, Subject: Terms of Use Agreement, if you have any questions regarding this Agreement.