GOGO LIVE – TERMS OF SERVICE
Introduction- Your Agreement to These Terms of Service: THESE TERMS OF SERVICE CONSTITUTE A BINDING CONTRACT, PLEASE READ THEM COMPLETELY AND CAREFULLY.
Welcome to the GOGO LIVE mobile application and streaming website (collectively “GOGO LIVE”). These Terms of Service (“Terms of Service”), as may be subsequently amended, outline your approved use of GOGO LIVE and any applications, products, services or other derivatives of GOGO LIVE, (collectively “GOGO LIVE Services”).
By accepting these Terms of Service, you confirm that you are at least 13 years of age. Neither GOGO LIVE nor any parts of the GOGO LIVE Services are intended for anyone under this age.
By accepting these Terms of Service you also confirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service and to abide by and comply with the Terms of Service.
2. Description of GOGO LIVE Services
GOGO LIVE is a live-video social and media entertainment platform. Subject to these Terms of Service and any other applicable agreements between you and GOGO LIVE, the GOGO LIVE Services allow you to view live, online performances and activities by broadcasters in real-time. The GOGO LIVE Services offers other functions that may be described in these Terms of Service and in notices and publications from GOGO LIVE. GOGO LIVE reserves the right, in its sole discretion, to change, modify, add, or delete features and functions of the GOGO LIVE Services at any time.
3. Account and Registration
In order to access certain features of the service, including the ability to interact with live-streaming performers and personalities (“Broadcasters”) in real-time, you will have to create a GOGO LIVE Account (“Account”). To create an Account, you will be asked to provide certain information including an Account name, password, and mobile phone number. You may create an account using your existing Facebook®, Twitter®, QQ, or micro letter account.
You are solely responsible for maintaining the confidentiality and security of your Account password and for ensuring that the information that you provide to GOGO LIVE is true, accurate, and complete, in signing up for an Account.
You are solely responsible for all activities and actions that occur under the auspices of your Account. You agree not to share your Account password or attempt to transfer your Account to anyone else. GOGO LIVE reserves all available legal rights and remedies to prevent the unauthorized use of the GOGO LIVE Services, including, but not limited to, technological barriers, IP mapping, and contacting your ISP. In addition, GOGO LIVE may log your IP when you make transactions to confirm your identity; any action taken on your account will be presumed to have been authorized by you.
3.1 Third Party Accounts
GOGO LIVE may permit you to register for and log on to the GOGO LIVE Services via certain third party services, such as those described in Section 3 above. If you log on to GOGO LIVE Services via such third party services (such as a social network), the profile information connected to the account you use to log into the GOGO LIVE Services, including your name, may be used by GOGO LIVE to provide and support your account. You also acknowledge and agree that GOGO LIVE may publish information regarding your use of the GOGO LIVE Services to and in connection with any such third party services with which you use in connection with the GOGO LIVE Services.
4. Devices and Internet Connections
Access to the GOGO LIVE Services may require the use of your personal computer or mobile device, as well as communication with or use of space on such device. You are solely responsible for an internet and/or mobile connection and all associated fees that you incur when accessing the GOGO LIVE Services.
5. Broadcasters Agreement
Any registered user of GOGO LIVE and the Pepper Services may become a Broadcaster, subject to the terms and conditions contained in the Broadcasters Agreement, which is incorporated by and made a part of these Terms of Service.
6. VIP Subscription for Broadcaster Interaction
If you wish to interact with Broadcasters in real-time, you must first purchase a monthly VIP subscription (“VIP Subscription”). The price for such VIP Subscription shall be set by GOGO LIVE and is subject to change at any time. Any such change will be at GOGO LIVE’s sole discretion.
6.1 Payment for VIP Subscription
If you purchase a VIP Subscription, you will be charged a monthly subscription fee (“Subscription Fee”). Subscription Fees, as well as all other transaction fees through GOGO LIVE, are paid through the use of GOGO LIVE’s virtual currency. You may obtain this currency via a payment card that you provide and attach to your Account. VIP Subscriptions renew automatically on a monthly basis, with payment deducted from your Account prior to each renewal, unless you cancel your VIP Subscription before the monthly renewal date that is disclosed to you when you first activate your VIP Subscription. GOGO LIVE may or may not notify you of upcoming renewal dates.
You agree to pay your Subscription Fee in advance of receiving any benefit from the VIP Subscription Service. GOGO LIVE reserves the right to right to discontinue or modify any Subscription Fee payment option. You are responsible for the timely cancelation of your VIP Subscription regardless of whether you receive any notice from GOGO LIVE or through the GOGO LIVE Services. GOGO LIVE reserves the right to discontinue your VIP Subscription if any amount of the Subscription Fee is past due.
If you purchase a VIP Subscription, you hereby grant GOGO LIVE permission to automatically charge the Subscription Fee to your chosen payment method at the beginning of each applicable payment period. Your access to VIP Subscription services and benefits will not be established until GOGO LIVE has verified that the payment information you provide is accurate and that your payment method account is in good standing.
You are required to keep your payment and all related billing information current, complete and accurate. This includes, but is not limited to updating your billing address if it changes, updating payment card information as required, and notifying GOGO LIVE if your selected payment method is cancelled or otherwise discontinued.
6.2 Termination of VIP Subscription
GOGO LIVE reserves the right to suspend or terminate your VIP Subscription without notice upon non-payment of the Subscription Fee, rejection of any charges to your payment card, or if the bank or other entity that makes payment on your behalf (or its agent or affiliate) seeks return of payments previously made. GOGO LIVE shall deem any failure to pay the Subscription Fee when due shall as a constructive cancellation of your VIP Subscription. GOGO LIVE also reserves the right in its sole discretion to suspend or terminate your VIP Subscription if you are found to be in breach of these Terms of Service, or if you are suspended or banned from GOGO LIVE for any reason.
7. Interaction with Broadcasters
By using the GOGO LIVE Services to interact with Broadcasters, you acknowledge that GOGO LIVE may record such Broadcaster videos, including any interaction with you, which takes place therein (“Content”). Therefore, you grant GOGO LIVE and its agents and designees a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such Content in connection with the GOGO LIVE Services and with the businesses of GOGO LIVE and those of its successors, licensees, and affiliates, including without limitation for the purpose of promoting and advertising the Service and redistributing part or all of the Service (and works derived therefrom) in any and all media formats and through any and all media channels now known or later developed.
7.1 Acceptable Behavior During Broadcaster Interactions
You expressly agree that all Content, including, but not limited to, any messages, images, or other materials that you submit as part of your interaction with Broadcasters will not be a) defamatory, libelous, abusive, or obscene, and without limitation, shall not include material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (b) infringe on the copyright or any other proprietary right of any person or entity; (c) invade the privacy of any person; or (d) be otherwise inappropriate or unlawful.
8. Broadcaster Gifts
In addition to interacting with the Broadcasters in real-time, GOGO LIVE Services allow you to purchase virtual gifts (“Virtual Gifts”) that you can then send to Broadcasters.
You hereby agree that the amounts corresponding to these Virtual Gifts do not refer to any credit balance of real currency or its equivalent. Rather, GOGO LIVE grants you a limited license to use the GOGO LIVEs Service, including software programs that include the use of these Virtual Gifts. Any ledger or other writing that expresses your Virtual Gift balance does not constitute a real-world balance or reflect any monetary value, but rather is a measurement of the extent to which you are able to use the Virtual Gifts as part of the GOGO LIVE Services
You will not be able to sell Virtual Gifts in exchange for virtual or real currency credited back to you or your GOGO LIVE Account. Further GOGO LIVE will not issue a refund of virtual or real currency for Virtual Gifts, including if your access to the GOGO LIVE Services has been suspended, limited or terminated.
Your gift of certain Virtual Gifts to a Broadcaster may, but will not necessarily, appear publically.
Only Broadcasters are eligible to receive Virtual Gifts.
9. Broadcaster Virtual Stores
GOGO LIVE allows certain approved Broadcasters to open virtual stores (“Virtual Store”) to sell items to users. As a user of GOGO LIVE’s Services, you are free to purchase any item in the Virtual Stores. To make purchases at the Virtual Stores, you must deposit funds into your GOGO LIVE Account. GOGO LIVE will deduct the cost of any purchases from your GOGO LIVE Account. GOGO LIVE Services will process the payments that accompany such transactions, and direct your Account’s funds to the appropriate Broadcaster. GOGO LIVE is not responsible for the items that Broadcasters sell in these Virtual Stores and makes no representation as to the quality, merchantability, accuracy, or legality of the goods sold therein. Under no circumstances will GOGO LIVE issue any refund for purchases made at these Virtual Stores.
10. Copyright Infringement Policy
GOGO LIVE is committed to protecting the rights of copyright rights holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property.
If you are a copyright owner or an agent thereof and believe that any content on GOGO LIVE or the GOGO LIVE Services infringes on your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated agent for copyright claim notifications (“Designated Agent”) with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works within the GOGO LIVE Services are covered by a single notification, a representative list of such works that appear within the GOGO LIVE Services;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement under penalty of perjury that the information in the notification is accurate, and you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.
GOGO LIVE will process any notices of alleged copyright infringement and will take appropriate actions as permitted under the DMCA. Upon receipt of notices complying with the DMCA, GOGO LIVE will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
10.1 Counter Notification
GOGO LIVE may notify the owner or administrator of the affected content so that he or she can make a counter-notification pursuant to his or her rights under the DMCA. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which GOGO LIVE may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Notices of claimed infringement and counter-notifications should be directed to the Designated Agent by mailing all required documentation to: Wolk & Levine, LLP, Attn: Zachary Levine, Esq., 535 N. Brand Blvd., Ste. 950, Glendale, CA 91203 or by emailing all required documentation to firstname.lastname@example.org with the words “GOGO LIVE Notice of Infringement in the subject line.
GOGO LIVE, the GOGO LIVE logos, and any other product or service name, logo, or slogan used by GOGO LIVE, and the look and feel of the GOGO LIVE Services , including all page headers, custom graphics, button icons and scripts, are trademarks or trade dress of GOGO LIVE, and may not be used in whole or in part in connection with any product or service that is not GOGO LIVE’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GOGO LIVE without our prior written permission from GOGO LIVE.
All other trademarks referenced in the GOGO LIVE Services are the property of their respective owners. Reference in the GOGO LIVE Services to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.
12. Prohibited Conduct
By using GOGO LIVE and the GOGO LIVE Services you agree not to violate any law, contract, intellectual property rights or other third-party rights or commit a tort, and that you are solely responsible for your conduct while using GOGO LIVE or the GOGO LIVE Services.
You agree that you will comply with these Terms of Service and will not:
Create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the GOGO LIVE Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the GOGO LIVE Services , or perform any other similar fraudulent activity;
Make unsolicited offers, advertisements, proposals, or send junk mail or spam to users of the GOGO LIVE Services, including, without limitation, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests), and other similar activities;
Harvest or collect the email addresses or other contact information of other users from the GOGO LIVE Services;
Defame, harass, abuse, threaten or defraud users of the GOGO LIVE Services , or collect, or attempt to collect, personal information about users or third parties without their consent;
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the GOGO LIVE Services or content;
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the GOGO LIVE or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your country of residence;
Modify, adapt, translate or create derivative works based upon the GOGO LIVE Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
Interfere with or damage operation of the GOGO LIVE Services or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
Access any website, server, software application, or other computer resource owned, used and/or licensed by GOGO LIVE, including but not limited to the GOGO LIVE Services, by means of any robot, spider, scraper, crawler or other automated means for any purpose, or bypass any measures GOGO LIVE may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed GOGO LIVE, including but not limited to the GOGO LIVE Services;
Interfere with or disrupt the GOGO LIVE Services or servers or networks connected to the GOGO LIVE Services, or disobey any requirements, procedures, policies or regulations of networks connected to the GOGO LIVE Services;
Use the GOGO LIVE Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the GOGO LIVE Services, or that could damage, disable, overburden or impair the functioning of the GOGO LIVE Services in any manner;
Attempt to indicate in any manner that you have a relationship with GOGO LIVE or that GOGO LIVE has endorsed you or any products or services for any purpose; and
Use the GOGO LIVE Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
GOGO LIVE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE GOGO LIVE SERVICES AND ANY CONTENT AVAILABLE ON THE GOGO LIVE SERVICES , INCLUDING BUT NOT LIMITED, TO THE ACCURACY, RELIABILITY, COMPLETENESS APPROPRIATENESS, TIMELINESS OR RELIABILITY THEREOF. THE COMPANY PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE GOGO LIVE SERVICES OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE GOGO LIVE SERVICES AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE GOGO LIVE SERVICES.
THE COMPANY PARTIES DO NOT WARRANT THAT THE GOGO LIVE SERVICES WILL OPERATE ERROR FREE, OR THAT THE GOGO LIVE SERVICES AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE GOGO LIVE SERVICES OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
THE GOGO LIVE SERVICES AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT WILL ANY COMPANY PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE GOGO LIVE SERVICES AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES EXCEED THE GREATER OF ONE HUNDRED DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID COMPANY, IF ANY, IN THE PAST SIX MONTHS FOR USE OF THE GOGO LIVE SERVICES GIVING RISE TO THE CLAIM.
The foregoing terms of this Section 13 apply to the fullest extent permitted by law.
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless the GOGO LIVE and the Company Parties, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use (or misuse) of and access to the GOGO LIVE Services ; (b) your violation of these Terms of Service; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the GOGO LIVE Services.
Term. As between you and GOGO LIVE, the Term of these Terms of Service, as they may be amended, commences as of your first use of the GOGO LIVE Services and continues until the termination of these Terms of Service by either you or the GOGO LIVE.
Termination. GOGO LIVE reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms of Service and your access to all or any part of the GOGO LIVE Services at any time without prior notice or liability if you breach any provision of these Terms of Service or violate the rights of any third party copyright owner. GOGO LIVE may further terminate these Terms of Service for any other reason upon ten (10) days’ notice to you using the email address associated with your account credentials. GOGO LIVE reserves the right to change, suspend, or discontinue all or any part of the GOGO LIVE Services at any time without prior notice or liability.
16. Alternative Dispute Resolution
You agree that any dispute(s) arising under these Terms of Service will be submitted promptly for binding and confidential resolution by an arbitrator/mediator and shall be heard in Cook County, Illinois or such other mutually agreeable location and country where the accused could conveniently appear in person and defend. The party seeking enforcement will be entitled to an award of all costs, fees, and expenses, including attorney’s fees, incurred in enforcing the award to be paid by the party against whom enforcement is ordered. The Arbitrator will issue a reasoned decision based on the merits of the case.
The applicable laws for any arbitration or alternative dispute resolution proceeding will be the laws of the State of Illinois.
GOGO LIVE reserves the right, in its sole discretion, to change, modify, add, or delete portions of the Terms of Service at any time. When using the GOGO LIVE Services, you may be subject to additional applicable guidelines or rules that may be posted from time to time. All of these guidelines and rules are deemed incorporated into the Terms of Service. While GOGO LIVE may attempt to notify you when major changes are made to the Terms of Service, it is your responsibility to review the Terms of Service periodically to check for changes. When GOGO LIVE makes changes, it will give the date of the most recent update in this space so you can be kept abreast by visiting this page.
Except as expressly agreed by GOGO LIVE and you, these Terms of Service constitute the entire agreement between you and GOGO LIVE with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The section headings are provided merely for convenience and will not be given any legal import.
These Terms of Service will inure to the benefit of our successors and assigns. You may not assign this these Terms of Service or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of GOGO LIVE. GOGO LIVE may assign these terms or any of the rights or obligations hereunder, and any causes of action arising hereunder, to any third party without necessity or obligation of notice to you. The waiver or failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further right hereunder. The invalidity or unenforceability of any provision of these Terms of Service will not affect the validity or enforceability of any other provision, the remaining provisions being deemed to continue in full force and effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and GOGO LIVE as a result of these Terms of Service or use of the GOGO LIVE Services.
Failure of GOGO LIVE to act on or enforce any provision of these Terms of Service will not be construed as a waiver of that provision or any other provision in these Terms of Service. No waiver will be effective against GOGO LIVE unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Further, GOGO LIVE will not be responsible for any failure to perform its obligations under this GOGO LIVE due to circumstances beyond its reasonable control, including without limitation acts of God, war, riot, terrorism, embargoes, acts of civil or military authorities, fire, flood or other incident of “Force Majeure.”
You agree that GOGO LIVE will be entitled to all legal and equitable remedies otherwise available to it to protect the intellectual property, proprietary rights and confidential information of itself and its licensors, including, without limitation, the right to seek and obtain injunctive relief and enforce the same against you without the necessity of having to post bond or other such guarantee.
Notwithstanding the language contained in Section 16, these Terms of Service will in all respects, be governed by and construed and enforced in accordance with the laws of the State of Illinois (without giving effect to any choice or conflict of laws). You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Illinois, United States of America.