Section 1: Binding Agreement
Section 2: Eligibility
You must be eighteen or over to register as a member of Goomena.com or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Section 3: Term
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Cancel Membership or Delete Account or Resign pages in Account Settings. Goomena.com may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Goomena.com. If Goomena.com terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees or credits.
Section 4: Proprietary Rights
Goomena.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Goomena.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Section 5: Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Section 6: Subscription
Goomena.com reserves the right to offer free membership to any person(s) of our choice at any given time, for any duration, while charging other members, at the same time. Goomena.com also reserves the right to cancel the FREE trial period at any time, for all or any of its members.
Section 7: Member Disputes
You are solely responsible for your interactions with other Goomena.com Members. Goomena.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
Section 8: Service
Goomena.com does not guarantee, at any time, either their paid or free membership holders, or members who have purchased credits, that the website will be fully operational all the time. Members may face significant service disturbances. Only in the event that Goomena.com is offline for a period of more than 72 hours, will a pro-rated refund be given. Goomena.com DOES NOT OFFER TECHNICAL SUPPORT. We will offer support only for services/features related to the website.
Section 9: Disputes
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the Country of USA without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in USA.
Section 10: Other
This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Goomena.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Section 11: Ownership
This Website is owned and operated by Goomena.com, and unless otherwise noted, Goomena.com owns the Copyright in all materials provided here. No material from this Website may be copied, modified, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as explicitly provided below. Modification of the materials or use of the materials for any purpose other than those purposes explicitly permitted below is a violation of Goomena.com's copyright and/or other proprietary rights. You shall not copy or adapt the HTML code that is used to generate this Website. The use of any materials from this Website on any other website or networked computer environment is prohibited unless permission is obtained in writing from Goomena.com. The Website itself, including all textual and graphic content, is copyrighted by Goomena.com, with all rights reserved.
Section 12: Member Information
In consideration of your use of the Website, you agree to provide true, accurate, current and complete information about yourself. You agree to maintain and promptly update your information to keep it true, accurate, current and complete. Goomena.com reserves the right to verify any member identity and to terminate your account if we have grounds to suspect that information provided by you is untrue, inaccurate, not current or incomplete. If you provide untrue information about yourself, please note that you could be guilty of fraud and subject to civil and criminal penalties.
Section 13: Use of Materials
You may view and download a single copy of the information contained in this Website (the "Materials") on a single computer for your personal, non-commercial internal use only. This is a revocable license, not a transfer of title, and is subject to the following restrictions: you may not (i) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (ii) decompile, reverse engineer, or disassemble the Materials; (iii) remove any copyright, trademark registration, or other proprietary notices from the Materials; or (iv) transfer the Materials to another person.
Section 14: Acceptable Website Use
General Rules: You may not use this Website in order to transmit, distribute, store or destroy material
(i) in violation of any applicable law or regulation,
(ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others,
(iii) in a manner that is defamatory, obscene, threatening, abusive or hateful.
Website Security Rules: You are prohibited from violating or attempting to violate the security of this Website, including, without limitation,
(i) accessing data not intended for you or logging into a server or account which you are not authorized to access,
(ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
(iii) attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to this Website, overloading, "flooding", "spamming", "mail bombing", or "crashing", (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Goomena.com will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Section 15: Specific Prohibited Uses
This Website may be used only for lawful purposes by individuals seeking friendship and love. As one of the conditions of your use of this Website, you represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) this Website for any purpose or in any manner that is prohibited by these terms, conditions and notices or by applicable law (including but not limited to any applicable export controls). Goomena.com specifically prohibits any use of this Website, and you hereby agree not to use this Website, for any of the following:
(i) Posting any incomplete, false or inaccurate information about yourself and/or your profile;
(ii) Posting any material that is not entirely your own or for which you do not have full rights to use;
(iii) Deleting or otherwise revising any material posted by any other person;
(iv) Using any device, software, or routine to interfere (or attempt to interfere) with the proper working of this Website or any activity being conducted on this Website;
(v) Taking any action that imposes an unreasonable or disproportionately large load on this Website's infrastructure (including without limitation "flooding," "spamming," "mail bombing," or "crashing" the Website);
(vi) Notwithstanding anything to the contrary contained herein, using (or attempting to use) any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Goomena.com on this Website and other than generally available third party Web browsers (e.g., Netscape Navigator, Microsoft Explorer, etc.). Goomena.com considers more than 100 detailed profile views per user license per day to be abuse, and Goomena.com reserves the right to terminate access to the product and collect full contract value in the event of such abuse;
(vii) Accessing data not intended for you or logging into a server or account that you are not authorized to access;
(viii) Probing, scanning, or testing the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(ix) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(x) If you have a password, allowing any other person to access a non-public area of this Website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
(xi) Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Website;
(xii) Posting or sending material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
(xiii) Soliciting passwords or personal identifying information for commercial or unlawful purposes from other users; and
(xiv) Engage in advertising to, or solicitation of, other Members to send money, buy or sell any products or services. You may not transmit any chain letters or junk email to other Members. Although Goomena.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
(xv) Soliciting sex in exchange for money, or prostitution.
Section 16: No Resale or Unauthorized Use
You agree not to resell or assign your rights or obligations under these Terms and Conditions. You also agree not to make any unauthorized commercial use of this Website.
Section 17: User Submissions
We appreciate hearing from our customers and welcome your comments regarding our services and this Website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials.
If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Information"), the Information shall be the property of Goomena.com. None of the Information shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Information. Goomena.com shall own exclusively all now known or later discovered rights to the Information and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Information.
Furthermore, as a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Website you hereby agree not to, do the following things:
(i) post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
(ii) post material that reveals trade secrets, unless you own them or have the permission of the owner;
(iii) post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(iv) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
(v) post a sexually-explicit image or statement;
(vi) post advertisements or solicitations of business, post chain letters or pyramid schemes;
(vii) impersonate another person; (viii) or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
Section 18: User Information
Section 19: Termination
We may terminate this license at any time if, in our sole discretion and judgment, you fail to comply with any term or provision of this Agreement. Upon termination, you shall destroy any materials obtained from this Website and all copies thereof, whether made under the terms of this Agreement or otherwise.
Section 20: Indemnity
You agree to defend, indemnify, and hold harmless Goomena.com, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of the materials or your breach of the terms of this Agreement. Goomena.com shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense and in our discretion, in defending any such claim, suit or proceeding.