GoChaeg | Terms of Service
Terms of Service
You may not use the GoChaeg if you are under the age of 13. If you are between the ages of 13 and 17, we strongly suggest that you seek parental consent to use the GoChaeg services.
- Registration :. Account Security
When you register for and use GoChaeg services, you will be asked to provide information about yourself ("User Data"). Your User Data must be accurate and current at all times. You are solely responsible for maintaining the security of your account. This means, for example, that you may not share your password or let anyone else access your account. If you have reason to believe that your account is no longer secure, please let us know immediately.
- Prohibited Conduct
By using or accessing the GoChaeg services, you represent, warrant and agree that you will not:
- do anything that could disable, overburden or impair the proper working of the GoChaeg services;
- use any robot, spider, scraper or other automated means to access the GoChaeg services;
- send spam or any other unauthorized advertisements or solicitations through or using the GoChaeg services;
- harvest, collect or use adtresses, phone numbers or email adtresses or other contact information (collectively "Contact Information") of users of the GoChaeg services without consent from such users;
- solicit private information (including social security numbers, credit card numbers and passwords) from users of the GoChaeg services;
- provide any false personal information in your profile, or create a profile for anyone other than yourself or create a page without authorization;
- use your profile (as opposed to a Group account) for any commercial purpose;
- offer any contest, sweepstakes, coupon or other promotion through the GoChaeg website without our prior written consent;
- use an iFrame or offer web search functionality on the GoChaeg website;
- intimidate or harass any user;
- do anything that is illegal, infringing, fraudulent, malicious or could expose GoChaeg or GoChaeg users to harm or liability; or
- attempt, encourage or facilitate any of the above.
- User Content
By using or accessing the GoChaeg services, you represent, warrant and agree that you will not Post:
- User Content that violates the law or anyone's rights, including intellectual property ("IP") rights or other proprietary rights (such as rights of publicity and privacy);
- any Contact Information or private information of any third party;
- false, misleading or fraudulent information;
- any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;
- alcohol-related or other mature content on Pages on the GoChaeg services; or
- User Content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that we may consider offensive.
GoChaeg does not pre-screen, review, edit or approve any User Content. GoChaeg may, in its sole discretion, remove or disable access to any User Content. "User Content" means any photos, text, link, audio, video, designs, ads and anything else that you Post on or through the GoChaeg services. "Post" means to upload, post, transmit, share, store, link to or otherwise make available on or through the GoChaeg website. We respect the privacy rights of third parties, and you must do so as well on the GoChaeg. If you collect, access or use information relating to any user of GoChaeg (including information contained in any user profile) you must obtain consent from the user and make it clear to the user that the collection, access and use is being carried out by you and not GoChaeg.
- GoChaeg Purchases
You must be authorized to use the credit card, debit card or other payment source ("Card") you provide to purchase items from GoChaeg website. By purchasing from GoChaeg, you authorize GoChaeg or its designated payment processor to charge the purchase amount (plus any applicable tax) to your Card. By providing your Card account information to GoChaeg, you authorize us to collect and store it and other related transaction information.
- Ownership :: Proprietary Rights
Except for User Content and Applications/Connect Sites, all materials, content and trademarks on the Go Chage website are the property of GoChaeg and/or its licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. Without limiting the foregoing, GoChaeg logo and all other identifying marks are trademarks of GoChaeg. Except as expressly authorized by GoChaeg in writing, you agree not to use, sell, license, distribute, copy, publish, stream, publicly perform or display, transmit, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works or otherwise make unauthorized use of the materials, content or trademarks.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to GoChaeg ("Submissions"), are non-confidential and non-proprietary. GoChaeg will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- User Disputes :. Complaints
You agree not to hold GoChaeg responsible or liable for the User Content or actions of third parties (including your interactions with users) on or relating to the GoChaeg website. This includes transactions conducted on the GoChaeg website as well as the collection, handling and sharing of personal information that you provide to third parties. If you have a dispute with a third party relating to GoChaeg, you release GoChaeg and its directors, officers, employees and agents from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
If you believe that the GoChaeg or GoChaeg's business practices are in any way unfair, fraudulent or unlawful, you agree to bring it to the attention of GoChaeg's legal department. If you do not report the issue or continue using the service after discovering the issue, you expressly waive the right to claim that GoChaeg is unfair, fraudulent or unlawful with respect to that issue.
You agree to indemnify and hold GoChaeg Entities harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys' fees) ("Claim") arising out of or related to your (a) use of the GoChaeg services or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. GoChaeg reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify GoChaeg, and you agree to cooperate with GoChaeg's defense of these Claims.
- General Disclaimers
USE OF THE GOCHAEG SERVICES IS AT YOUR OWN RISK. THE GOCHAEG WEBSITES AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH GOCHAEG ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GOCHAEG, ITS SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, GOCHAEG, ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE GOCHAEG WEBSITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE GOCHAEG WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GOCHAEG IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH THE GOCHAEG WEBSITE (COLLECTIVELY, "THIRD PARTY MATERIALS"). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL GOCHAEG ENTITIES OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE GOCHAEG WEBSITE, THE GOCHAEG WEBSITES OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH GOCHAEG, EVEN IF GOCHAEG OR A GOCHAEG AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, GO GHAEG'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF GOCHAEG ENTITIES OR OF THEIR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF GOCHAEG, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF GOCHAEG (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO GOCHAEG DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $100, WHICHEVER IS GREATER.
- Termination and Changes to the GoChaeg Website
We may terminate your account on GoChaeg, delete your profile and any User Content you have Posted on or through the GoChaeg services, and/or prohibit you from using or accessing the GoChaeg services (or any portion thereof) for any or no reason, at any time in our sole discretion, with or without notice. Further, we reserve the right to change any aspect or feature of the GoChaeg website at any time without notice. The following sections will survive any termination of your use of the GoChaeg: Prohibited Conduct, User Content, Your Privacy Practices, GoChaeg Purchases, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers, Limitation on Liability, Termination and Changes to the GoChaeg, Arbitration, Governing Law; Venue and Jurisdiction and Other.
Except as set forth in the paragraph below, you agree that all claims and disputes between you and GoChaeg that arise out of or relate in any way to the Terms or your use of the GoChaeg services will be resolved either by (a) binding arbitration by a single arbitrator in Oakland County, Michigan or (b) binding non-appearance based arbitration conducted by telephone, online or based solely on written submission. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.
With respect to any claims or disputes you intend to bring on behalf of a class, you agree to arbitrate whether a class could be certified before bringing such action in a court of law. If the arbitrator refuses to certify the class, you will continue to resolve your individual claims or disputes through binding arbitration. If the arbitrator finds that a class should be certified, you may file the class action in a court of law provided you waive any right to a trial by jury. Claims for injunctive or other equitable relief may also be brought in a court of law.
- Governing Law:. Venue and Jurisdiction
You agree that all claims and disputes between you and GoChaeg that arise out of or relate in any way to the Terms or your use of the GoChaeg will be governed by the laws of the State of Michigan (and United States federal laws applicable therein), without regard to principles of conflict of laws. You further agree that you will bring any claims or disputes that are not subject to arbitration (as set forth above) in, and you submit to the exclusive jurisdiction of, the state and federal courts located in Oakland County, Michigan.
"GoChaeg" means the features, services and properties that GoChaeg makes available through (a) www.gochaeg.com or any other GoChaeg-branded or co-branded website (including, without limitation, any and all sub-domains and all international, mobile versions and successors thereof), (b) the GoChaeg Platform and (c) other media, devices or networks now existing or later developed. Unless otherwise specified, the terms "includes," "including," "e.g.," "for example," and other similar terms used herein are deemed to include the term "without limitation" immediately thereafter. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance. If, for any reason, any provision of these Terms or portion thereof is rendered invalid or unenforceable, the remainder of these Terms will remain in full force and effect and will be enforced to the maximum extent permissible so as to effect the intent of the parties. An arbitrator or court will substitute or rewrite any invalid or unenforceable term or provision to make such term or provision valid and enforceable. All communications and notices to be made or given pursuant to these Terms will be in the English language. You consent to receiving communications and notices from GoChaeg at the email adtress you provide in registering for the GoChaeg website or otherwise elect in your account settings. These Terms constitute the entire agreement and supersede any prior agreement between you and us regarding your use of the GoChaeg website.
Effective Date: May 1, 2016
You are solely responsible for the User Content that you Post on or through the GoChaeg website.