Terms of Service
Effective Date: December 1, 2015.
1. ACCEPTANCE OF TERMS
By using the Services in any manner, including but not limited to registering, visiting, browsing, contributing any content and using the Services to shorten website addresses (URLs), you agree to these Terms of Service and all other rules, policies and procedures which may be updated from time to time without notice to you.
Gomv reserves the right, at its sole discretion, to modify or replace any of these Terms of Service. We may change, suspend, or discontinue the Services at any time. Gomv may also impose limits on certain features of the Services, apply URL redirects, show advertisement, promote GOMV brand, or restrict your access to parts or all of the Services without notice or liability. Your use of the Services constitutes acceptance of those changes.
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances, use the Services. The Services are offered only for your use, and not for the use or benefit of any third party.
While some features of the Service are available to unregistered users, for broader access to the Services you must register with the Website. You must provide an accurate e-mail address and select a username or you can use your account with Twitter or Facebook. You shall not (A) use, as your username, the name of another person (or company) with the intent to impersonate that person (or company); (B) use, as your username, a name that is otherwise offensive, vulgar or obscene.
5. ACCOUNT SECURITY
You are solely responsible for keeping your Account secure. You must notify us immediately of any breach of security or other unauthorized use of your Account.
6. OUR SERVICES
- GOMV Links The Services allow you to shorten and track URLs using the gomv.co domain as the link. As long as you comply with these Terms of Service, you may use the Services your personal, non-commercial purposes. Please contact us if you would like to use the Services for your business.
- Software Applications We provide browser plugins and software applications (widgets) that you can install to your website in order to use the Services. As long as you comply with these Terms of Service, you have the right to use this software to access and use the Services.
7. GOMV Links
- Definition Certain features of the Services allow Gomv to track links, collect and generate analytics, relating to shortened URLs.
- Ownership Rights You acknowledge and agree that all Gomv Links data that is collected are owned by Gomv, and that We have the right to use, sell or otherwise dispose of Gomv Links data for any purpose.
- User Content All Content added, created, uploaded, submitted, distributed, or posted to the Services by users, whether publicly posted or privately transmitted (collectively "User Content"), is the sole responsibility of the user who originated it. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. When you delete your User Content, it will be removed from the Services.
- Gomv Content The Services contain Content specifically provided by Gomv or its partners and such Content is protected by copyrights, trademarks or other proprietary rights and laws. Such Content includes, but is not limited to, Gomv Links data. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
- Use License Subject to these Terms of Service, Gomv grants each user of the Services a non-exclusive and non-transferable license to use the Content, solely for personal, non-commercial use as part of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Gomv.
- Availability of Content Gomv does not guarantee that any Content will be made available through the Services. Further, Gomv has no obligation to monitor the Services. However, Gomv reserves the right to remove, edit or modify any Content in its sole discretion, at any time, without notice to you.
9. THIRD PARTY SERVICES
The Services may permit you to link to other websites, services or resources on the Internet. When you access third party resources, you do so at your own risk. These other resources are not under the control of Gomv, and you acknowledge that Gomv is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. You further acknowledge and agree that Gomv shall not be responsible or liable, directly or indirectly, for any damage or loss caused in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
10. ACCOUNT TERMINATION
Gomv may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately.
11. WARRANTY DISCLAIMER
THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. GOMV, AND ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): GOMV MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES. Gomv will not be liable for the privacy of e-mail addresses, registration and identification information, communications, or any other Content related to your use of the Services.
You shall defend, indemnify, and hold harmless Gomv, its affiliates and each of their respective employees, contractors, directors, partners and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or which otherwise arise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Gomv reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with Gomv in asserting any available defenses.
13. LIMITATION OF LIABILITY
IN NO EVENT SHALL GOMV, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, REPRESENTATIVES OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL SUCH LIABILITY EXCEED ANY DAMAGES IN EXCESS OF ONE HUNDRED U.S. DOLLARS ($100.00) IN THE AGGREGATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
14. GOVERNING LAW AND JURISDICTION
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Massachusetts, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal court of Dukes County, MA.
15. ENTIRE AGREEMENT AND SEVERABILITY
These Terms of Service are the entire agreement between you and Gomv with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Gomv with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.
You may contact GOMV: by mail at POB 2597 Vineyard Haven, MA 02568; by e-mail info-AT-gomv.co.