Goombal User Agreement
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the Goombal.com service indicates your acceptance of the amended User Agreement.
Description of Service
Goombal.com is an online service that simplifies event management by helping you and your event team plan, collaborate and communicate better. Users can work on one or more events, invite and collaborate with other members, assign tasks and track status using the Goombal.com.
Goombal.com is not available to minors under the age of 13 or to any users suspended or removed from the system by Goombal.com for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your Goombal.com account to another party. If you do not qualify, you may not use the services provided by Goombal.com.
Use of Service
Your use of the Goombal.com is governed by this User Agreement. Goombal may refuse service without prior notice to any user for any or no reason. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Goombal of any unauthorized use of your password or account or any other breach of security. Goombal cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Event plans you post and information you share may be seen and used by other Users within a given event, and Goombal cannot guarantee that other Users that are part of a given event will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any Goombal.com. GOOMBAL IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY GOOMBAL COMMUNITY FORUMS.
You agree that Goombal may, with or without cause, immediately terminate your Goombal account and access to the Goombal Service without prior notice. Without limiting the foregoing, the following will lead to a termination by Goombal of a user’s use of the Goombal.com Service (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your Goombal account includes removal of access to all offerings within the Goombal.com Service and may also bar you from further use of the Goombal.com Service. Furthermore, you agree that all terminations shall be made in Goombal’s sole discretion and that Goombal shall not be liable to you nor any third-party for any termination of your account or access to the Goombal.com Service.
You understand and agree not to use Goombal.com to:
Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
Use the Goombal.com Service for any illegal purpose, including but not limited to conspiring to violate laws.
Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
Upload third party content that infringes upon or violates the necessary licenses, permissions, consents and agreements necessary for the lawful use of such third party content.Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to a) Using Goombal.com invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using Goombal.com to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Stalk or harass anyone
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Goombal.com Service.
Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field.
Interfere with or disrupt the Goombal.com Service or servers or networks connected to the Goombal.com Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Goombal.com Service.
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Information Provided on this Website
Access to Service
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Goombal.com website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
Monitoring and Enforcement
While we have the right to monitor activity and content associated with the Goombal.com Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.
Signing up for a basic Goombal.com account is free. Certain other services are provided for free only to beta users. Goombal reserves the right to charge for the Goombal.com Service or any portion thereof, modify the pricing of, add to, or discontinue the Goombal.com Service or any portion thereof without prior notice.
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless Goombal, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Goombal.com Service; ii) unauthorized access to or alteration of your communications with or through the Goombal.com Service, iii) any other matter relating to the Goombal.com Service, or iv) and file uploaded to or accessed with the Goombal.com Service. Any business transactions which may arise between users from their use of Goombal are the sole responsibility of the users involved.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE GOOMBAL.COM SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT GOOMBAL DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. GOOMBAL, INC. ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. GOOMBAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
GOOMBAL MAKES NO WARRANTY THAT (i) THE GOOMBAL.COM SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE GOOMBAL.COM SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE GOOMBAL.COM SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE GOOMBAL.COM SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GOOMBAL.COM SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOOMBAL OR THROUGH OR FROM THE GOOMBAL.COM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The User Agreement constitutes the entire agreement between you and GOOMBAL and governs your use of the GOOMBAL.COM Service, superseding any prior agreements between you and GOOMBAL.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOOMBAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GOOMBAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL GOOMBAL’S TOTAL CUMULATIVE DAMAGES EXCEED US $100.
The User Agreement between you and Goombal, Inc. will be governed by and construed in accordance with the laws of the State of Delaware without regard to conflict of laws principles.
Goombal, the Goombal logo, and other Goombal logos and names are trademarks of Goombal, Inc. You agree not to display or use these trademarks in any manner without Goombal’s prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to:
Attn: User Agreement