Last updated: 2014.11.27
The terms of this Agreement (the "Agreement") regulate the relationship between you and Goomena.com , as well as the use of the services of the website Goomena.com . In this agreement with the name " Goomena.com ", or the Website (the "Website") we refer to Goomena LLC, the company that manages this site and is based on 16192 COASTAL HWY, LEWES, DE 19958, Nevada, USA.
Section 1: Conditions
Member / Customer / Subscriber : The visitor who enters the services of this particular Website .
User: An adult over the age of 18 or 21 years in some areas , who discusses or interacts with other visitors of the site.
Credit Balance: At Goomena.com members have the opportunity to obtain credits ( units) in order to pay for the Websites services. Payments are carried out securely, and the purchased credits ( units) appear in a member's account as a credit balance .
Free Search & personal projection: A n unimpeded ability of adults to search for members of the opposite sex and to project themselves using their own photos, material and/ or other multimedia.
Private chat: In private conversation members may can exchange written messa ges or even talk to each other (via audio or video communication – depending on the country and whether it is locally available- with adults face-to- face, service from which general users are excluded .)
Goomena.com operates on a single platform on a global basis. Its domain names may differ locally.
Section 2: Eligibility
You must be eighteen or over to register as a member of Website 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. Website 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 Website. If Website 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
Website owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Website, 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: Subscribers Duties
5.1 I agree not to copy, reproduce, republish, receive send and / or make available to the public any of the content / the material of the Website without the prior written consent of the Website.
5.2 I am fully responsible for any false disclosures and any legal ramifications that may arise from the viewing, reading, or downloading material and images contained in this Website.
5.3 I will never expose minors to the content of the Website and will take all necessary precautions to avoid any exposure or access of minors to the Website, for example, by not including the Website in the list of my favorite websites to visit. I will be solely responsible to in case a minor gets access to the website through my account or uses my credit card.
5.4 I take full responsibility for maintaining my account and my password secure and secret.
5.5 I will not give out personal information; I will not provide support or escort and / or prostitution services.
5.6 I will not use vulgar language, I will not threaten and quarrel, not
violate the visitor’s rights, the members’ of the Website rights or the Websites administrator’s rights as such behavior is strictly forbidden.
5.7 The content sent or forwarded and the chosen user name must not be offensive, promote pedophilia, bestiality or zoophile .
5.8 I will not use comments and user names that are unacceptable based on the standards of good taste, suggesting violation of the law or deceiving others.
5.9 I will immediately inform the Website for any illegal behavior
of the adult service providers and any illegal use of trademarks and / or music signals .
Section 6: 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 7: Subscription-Credits
Website 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. Website also reserves the right to cancel the FREE trial period at any time, for all or any of its members.
Section 8: Member Dispute
You are solely responsible for your interactions with other Website Members. Website reserves the right, but has no obligation, to monitor disputes between you and other Members.
Section 9: No credit or Subscription Transfer
Credits or subscription purchased for a specific Website account is strictly non-transferable. You agree that any remaining credits or membership subscription associated with an active or deleted Website account will not be transferred to any other account belonging to you or someone else.
Section 10: Service
Website 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 Website is offline for a period of more than 72 hours, will a pro-rated refund be given. Website DOES NOT OFFER TECHNICAL SUPPORT. We will offer support only for services/features related to the website.
Section 11: 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 Nevada.
Section 12: Non- Disparagement
As a condition of using Website, you agree not to, directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, Website, or any of its directors, officers, affiliates, subsidiaries, employees, agents or representatives.
Section 13: Intellectual Property Policy
We respect the intellectual property of others and expect you to do the same. At our discretion and in appropriate circumstances, we may terminate your account(s) and/or prevent access to the Website by users who infringe upon the intellectual property rights of others. Pursuant to 17 Unitgooed States Code 512 (2) (the Digital Millennium Copyright Act of 1998, as amended), you may contact our designated agent for notice of alleged copyright infringement appearing on our site at customer support.
Section 14: 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 Website 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 15: No Refund Policy
Website maintains a strict no-refund policy. All purchases made on our website are final. If you choose to purchase a credit or subscription package on Website, you agree that absolutely no refunds, either full or partial, will be issued for any reasons or for any unused credits or subscription. With the exception of our Guarantee Package, you agree the purchase of any credit or subscription package on our website does not guarantee you will get a date every time you spend credits to unlock an offer or conversation. Further, you agree that no refunds will be made on any credits spent to unlock an offer or conversation, even if the offer or conversation does not result in an actual meeting or date.
Section 16: Guarantee
Under the Goomena.com Guarantee Program (the "Guarantee Program") if you don't go out on at least five (5) real first dates with attractive members, we'll give you an additional 1000 credits (the "Guarantee Credits Extension") which you may use at Goomena.com at no additional cost for you.
The Guarantee Program is available for a limited time only, and open to anyone who is a first time purchaser of the 1000 Credit package.
Additionally, to be eligible for the Program and the Guarantee Extension, you must:
(2) Create a profile with a primary photo .
Your profile and primary photo must be approved by Goomena.com within the first seven days of purchasing your Guarantee Package in order for you to be eligible for the Guarantee Program.
(3) Keep your profile with primary photo visible at all times during the first three-months after you purchase your Guarantee Package.
(4) Making an "Offer" to a minimum of twenty unique Goomena.com users each Month after you purchase your Guarantee Package.
An "Offer" is an offer to go out on a first date that has an offer price.
Within 48 hours of acceptance of an offer, you must unlock conversation with the user and send a " Message" which must contain a request to schedule a time and place to meet the user for a date.
(5) Adhere to all the steps set out in the Guarantee Program .
If you are eligible for the Guarantee please send an email to email@example.com with the following information:
(a) Your Username;
(b) Your First and Last Name;
(c) Your Contact Phone Number; and (d) Your Email A ddress.
You must follow all requirements to obtain the Guarantee Extension.
Goomena.com reserves all rights to modify, suspend or cancel the Program at any time and without notice.
Section 17: Ownership
This Website is owned and operated by Website, and unless otherwise noted, Website 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 Website'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 Website. The Website itself, including all textual and graphic content, is copyrighted by Website, with all rights reserved.
Section 18: 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. Website 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 19: 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 20: 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. Website 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 21: 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). Website 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 Website on this Website and other than generally available third party Web browsers (e.g., Netscape Navigator, Microsoft Explorer, etc.). Website considers more than 100 detailed profile views per user license per day to be abuse, and Website reserves the right to terminate access to the product and collect fullcontract 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 orviolent 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 Website 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 explicitconsent.
(xv) Soliciting sex in exchange for money, or prostitution.
Section 22: 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 23: Reward Program
The site offers to its most active members who dedicate a considerable amount of time contributing to the sites successful operation a Reward Program, granting those members gifts, trips, money and more. This might sum up to one part of the credits value the member they are talking to has spent.
The site alone decides which Reward Program goes to each entitled member:
23.1 The decision which member is entitled to receive the Reward Program and for how long a period of time he or she will receive it is only taken by Goomena.com .
23.2 Only Goomena.com decides which exact Reward form is offered on each occasion.
23.3 Only Goomena.com decides when to terminate the Reward Program without any previous warning, and all Bonuses that might be on the members account are automatically deleted.
23.4 Members that are entitled to the Reward Program have to fulfill following conditions:
These conditions are not obligatory but optional during the registration process but Goomena.com might request them if considered necessary.
23.4.1 Signing of Agreement that guarantees authenticity of all provided personal data
as well as authenticity of the members stated Age.
23.4.2 Providing a scanned copy of the member’s I dentity with his / her photo .
23.4.3. Providing a picture in which the members hold their ID next to their face.
23.4.4 All of the above might be requested by third party internet marketing websites that operate on Goomenas’ behalf.
23.5 Reward Programs can be managed by third party internet marketing websites on Goomenas’ behalf.
23.6 All members receiving the Reward Program are responsible to crosscheck whether the bonuses he or she receives are come with compulsory taxation. It’s the members responsibility too, to collect , display and perform the correct taxes to the appropriate tax authorities.
23.7 Goomena.com guarantees that the participants of the Reward Program do not overcome 5% of the total amount of members of the same sex in the same country.
23.8 The receipt of the Reward Program in the rare case it is not sent electronically is sent strictly to the address the member has provided.
23.9 The maximum benefit a member may receive in gifts, trips etc from the Reward Program cannot exceed the sum of 3000 USD per year.
Section 24: ChargeBacks and Collections
You agree that all payments made on Website are final. If you have any issues relating to your payment (such as duplicate billing), you must open a support ticket through our website to resolve the issue.
Section 25: 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 shallbe the property of Website. 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. Website shall own exclusively all now known orlater 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 26: User Information
Section 27: Goomena.com is a strictly an online dating site
The use of Goomena.com by women who want to take advantage of its services in order to make money and/or meet clients is strictly prohibited. Such profile accounts will be detected and deleted automatically. If you are an escort or a sex worker looking to make money off of our members, don't try to; you'll just be wasting time.
Section 28: 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 29: Indemnity
You agree to defend, indemnify, and hold harmless Website, 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. Website 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.
Section 30: Credit Payment Method & Expiration
Website members who want to open communication with other members are kindly asked to purchase Credit Packages. Those packages vary from a smaller amount of credits with a shorter expiration date to a larger amount of credits that expire after a longer period of time. After their expiration date the unused credits of all packages areno longer valid, but the members’ account is still valid. In order to communicate againwith others the member has to purchase a new Credit Package and consume those credits before their expiration date.
Section 31: Safe Payment method
Payment providers offer an absolutely safe internet transaction method, that never exposes personal, banking and/ or credit data. Online Payment Providers (e.g. Epoch.com) receive the members’ credit card, charge it accordingly and then credit our account. That way absolute security is achieved for the member as goomena.com never comes across the members’ credit card data. Our cooperating Payment Providers accept the following credit cards: Visa, MasterCard, American Express and JBC. Debit cards are also accepted.
Section 32: Credit Card fraud and protection
Credit Card fraud is considered a crime and the administrator of this website will do everything within his power to help local and international authorities to identify individuals who commit such crimes. Purchases must be carried out by the credit card owner or have the permission from the owner. The management team of this website makes every effort to minimize the percentage of fraudulent purchases . If you know someone who is committing such activities please inform us, to help us protect our website. Also by using Goomena.com the subscriber accepts that:
- In case of a fraudulent transaction Website has the right to use all available information at its disposal during any legal procedure.
Including, without the claim of completeness, browser history, IP and e-mail addresses and any other traceable activity.
- Goomena.com provides full cooperation to legal authorities investigating fraudulent transactions and other matters falling under its jurisdiction and answer calls and judicial decisions.
Section 33: Account Deletion, Suspension and Reinstatement
Section 34: Subscribers’ Statement
34.1 I am fully aware that the Website offers subscribers dating content and adult entertainment content.
34.4 Today I live in the country that I honestly and accurately state on the form necessary to fill in in order to connect to the Website and undertake the obligation to immediately inform the Website, within 24 hours, of any change of residence , sending an e-mail to firstname.lastname@example.org
32.2 I am fully aware that the display of content that appeals to adults is only allowed to viewers who have completed their 18 th year of age, or their 21 st year of age according to local laws.
32.3 I explicitly state that as of today I have completed the required age in order to legally access adult content in accordance with the local regulations of my region.
34.5 I know that my personal data are recorded on a platform and pictures of me might appear on other domain names on the same platform.
34.6 I fully agree and totally accept the philosophy of the site that female members do not need to pay for purchasing credits.
34.7 I accept that I am responsible to report profiles which I believe are fake providing all the information I have on these profiles that made me believe that they are fake. Though the site decides solely if the profile(s) will be deleted, limited or not.
34.8 I am responsible to inform the site in case I receive message(s) from member who violates the site’s policy (like from escorts or other professionals) providing all information I have on these profiles.
34.9 I accept the fact that some profiles might not be real and the site is not responsible in any way for this. I accept I have the responsibility to report anything like this to the site.
34.10 I fully agree and totally accept that part of the sum of money that I pay for the purchase of credits can be retributively given to selected members (not in real money but gift cards) that dedicate a lot of time talking to others and going out on dates contributing this way to the Website success and well function.
34.11 I am fully and solely responsible for any false statements concerning my residence and/ or for not updating the Website on any changes that have occurred, according to the terms and conditions listed above.
34.12 I also certify that I am fully aware of my criminal liability and therefore I will operate in all circumstances according to the local ethical rules and all applicable laws.
34.13 I believe that as an adult I have the inalienable right to read and or watch any content I chose.
34.14 Reading and/or watching the Websites content should not in any way violate the rules or the laws of my neighborhood, my village, my city , my region , my state or my country .
34.15 I know very well that all content and materials contained in the Website and include streams, images, graphics, applications and text are fully protected by applicable laws and all rights are reserved. Therefore , it should be for my exclusive personal use .
34.16 I am fully aware that the Website provides full cooperation to the authorities in investigating any case of fraudulent transaction and/ or other matters that fall in legal jurisdiction as well as the fact that I as well have an obligation to answer all calls and judicial decisions.
34.17 I acknowledge that the Website and its affiliates cannot be held responsible for any legal requirements that may arise as a result of fraudulent entry into the Website or use of the Website and or material contained in it
34.18 I understand and fully accept that in no case is the Website or any of its affiliated and subsidiaries held responsible for any direct, indirect, incidental, special, consequential or punitive damage resulting from any false disclosures that may arise, violation of rights of subscribers, prostitution, pedophilia, child pornography, illegal abuse, exploitation or the exploitation of women and / or children.
34.19 I acknowledge and authorize the Websites team to review all content for violation of its policies. Any prohibited content will be removed immediately from the Website. However I know that this review is not an obligation, nor is the Website held responsible- either jointly, or entirely- in case of an illegal behavior of mine .
34.20 I agree to grant all intellectual copyrights ( including but not limiting to the right to use , adapt, translate, etc.) all content ( eg messages, chat texts, etc. ) that is created , published or publis hed by me in the Website.
34.21 I expressly authorize the Website to monitor, record and link all my online activities on the site (including messages, email, video, chat).
34.22 I acknowledge and agree that any material recorded or any original work created under this Agreement and / or during the use of the Websites services (and all rights, including, without limitation, copyright) are and should be the sole and exclusive property of the Website.
34.23 Hereinafter I assign and convey, without further compensation, to the Website all outcomes, content and revenue from its appearance(s) (including all such appearances made up ??to today) in
video files, audio, chat, in dialogues, texts and video tutorials and tips, which are part of the provided services- including all copyrights for the above materials, renewals and extensions of those rights worldwide and throughout the period of validity of these rights.
34.24 The Website considers the authors responsible in all cases and owners of all rights, titles and interests of every kind and nature for the period of validity of these rights, including any extensions and renewals.
34.25 The Website can use and reuse, publish, distribute, edit, present and generally exploit
my name (real or fictional), my likeness, my personality, my performances, voice, photos, chat, video, audio, biological information and identification and reporting, for each and for all uses, in whole or in part, in any and in all media, in ways that are now known or will be known, for use on a global scale, without limitation, including, among others, advertising, exploitation and publishing.
34.26 I expressly renounce any right and declare ready to withdraw any claim that any use of the Website violates any of my rights, including but not limited to moral rights, privacy rights, publicity rights ,
property or other rights and / or rights to credits and material or ideas referred to those.
34.27 The Website can edit my appearance at will (and I expressly renounce any or all moral rights I may have ), andI understand that there is no obligation to use my appearance .
34.28 Images can be extracted from videos or my appearance in any other form, and I allow the Website, its successors and its licensees the rightto use these photos without paying me extra money in print, digitally online or via CDs, or any other means, without limitations.
34.29 I also allow the Website, its successors and its licensees the right to use photos taken by me (through camera or other means) and sent for publication on the website, to use them without paying me extra money, in print publications, on the internet or digitally via CD, or any other means, without any restrictions.
34.30 I Expressly renounce any further financial compensation for any of the rights assigned, transferred or granted to the website under this Agreement.
34.31 I expressly declare and acknowledge that I am not acting on behalf of a legal person ,
but as an individual consumer and in no case could the consumption of the Website’s services be considered as a part of my professional activity.
Section 35: Disclaimer
Website is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Website is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Website 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, user or Member communications. Website is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Website be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Website expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Website cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
This Website contains links to sites that are not maintained by Website. While we try to include links only to those sites which are in good taste and safe for our visitors, we are not responsible for the content or accuracy of those sites and cannot guarantee that sites will not change without our knowledge. The inclusion of a link in this Website does not imply our endorsement of the linked site. If you decide to access linked third-party Web sites, you do so at your own risk.
This Website is only a venue - it acts as a venue for individuals to post personal and contact information for the purposes of dating. Website is not required to not screen or censor information posted on the Website, including but not limited to the identity of any user. We are not involved in any actual communication between Members. As a result, we have no control over the quality, safety, or legality of the information or profiles posted, the truth or accuracy of the information. You agree you are solely responsible for your interactions with other Website Members. Website, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members. This includes, but is not limited to, conversations via regular email, dates, relationships, phone calls, meetings, he said/she said accusations or any other correspondence or interaction that occur outside of the scope of this Website. The website is a tool for providing the initial contact between members, anything beyond that is not in our control and is done so at the their own risk. Members have to use common sense about what information they reveal to others via email or any other means of communication. It is your responsibility to investigate matches/members of this site and that you will verify they are legitimate date seekers. There are many different frauds, schemes, and deceptions on the Internet, and we strongly caution you to be skeptical of any of our members until you learn more about them and verify their background.
You are solely responsible for your interactions with other Website Members. You agree that Website will not be held responsible for any incident following a contact or a date between Members.
THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE MATERIALS AND INFORMATION FOUND ON THIS SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. Website DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Website DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT Website) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God/act of nature, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, or under any other cause of action.
You specifically acknowledge and agree that Website is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties, and we reserve the right to remove such materials from this Website without liability.
Section 36: Limitation On Liability
Except in jurisdictions where such provisions are restricted, in no event will Website be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Website has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Website'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 Website for the Service during the term of membership.
Section 37: Others
37.1 If you are a resident of or have your principal place in the US or Canada, this Statement is an agreement between you and Goomena LLC. Otherwise, this Statement is an agreement between you and ZitaNet Ltd, Cyprus. References to “us,” “we,” and “our” mean either Goomena LLC or Zitanet Ltd, as appropriate.
37.2 This Statement makes up the entire agreement between the parties regarding Goomena, and supersedes any prior agreements.
37.3 If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
37.4 If we fail to enforce any of this Statement, it will not be considered a waiver.
37.5 Any amendment to or waiver of this Statement must be made in writing and signed by us.
37.6 You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
37.7 All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
37.8 Nothing in this Statement shall prevent us from complying with the law.
37.9 This Statement does not confer any third party beneficiary rights.
37.10 We reserve all rights not expressly granted to you.
37.11 You will comply with all applicable laws when using or accessing Goomena.
To access the Statement of Rights and Responsibilities in several different languages, change the language setting for your Goomena session by clicking on the language link in the left corner of most pages. If the Statement is not available in the language you select, we will default to the English version.