Last Updated: May 2, 2018
Gubagoo Inc. (“Gubagoo”) is a provider of live chat and digital
to understand the Gubagoo chat, SMS, messaging and marketing
services (“Services”). By using the Services, you agree to these
By using the Services, you agree to be legally bound to and abide by
a legally binding agreement. If you do not accept or agree with
SMS and Chat Services
Users may opt-in and register to receive Gubagoo’s Services and
services from Gubagoo’s merchant customers by checking the box in
the chat window, texting YES in response to a text from Gubagoo or
Gubagoo merchant customer, or sending the first chat or SMS message
to Gubagoo or a Gubagoo merchant customer. By doing so, you are
confirming you would like to receive the Services from Gubagoo
and/or the Gubagoo merchant customer. You also consent to the use
of an electronic record to document your agreement.
By signing up for one or more of the Services, you expressly consent to receive non-marketing and marketing messages and phone calls from Gubagoo, Gubagoo’s merchant customers, and others texting or messaging on its behalf.
To opt-out of the texting service, simply text or type back the keyword STOP, after receiving a message, email firstname.lastname@example.org or call Gubagoo at 855-359-2574.
After opting-in to receive Gubagoo’s and Gubagoo’s merchant customer’s text or messaging alerts, Gubagoo and Gubagoo merchant customers may send periodic messages, texts and make phone calls to you for marketing or other purposes. The frequency of texts or messages from Gubagoo and Gubagoo merchant customers may vary. By opting-in to receive these texts, messages, and phone calls, you consent to our use of an automatic telephone dialing system to generate the text message or phone call to you.
No purchase is required to be eligible to receive the Services from Gubagoo. However, message and data rates may apply based on your existing wireless plan for sending and receiving text messages and phone calls. Gubagoo reserves the right to terminate the Services, in whole or in part, at any time without notice.
Gubagoo is the sole owner of all intellectual property, including
text, data, files, graphics, user interfaces, visual interfaces,
photographs, trademarks, service marks, trade names, logos, icons,
images, data compilations, sounds, music, artwork and computer code,
and any materials used or generated by Gubagoo, or created by you
and Gubagoo through use of the Service (collectively, "Content").
The Content includes but is not limited to the design, structure,
selection, coordination, expression, "look and feel" and arrangement
of the chat display and functionality.
For content that is owned by user that is covered by trademark, copyright, or any other intellectual property right, you provide Gubagoo a royalty-free, non-exclusive, transferable, worldwide license to use the content.
Gubagoo’s commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content that they may make available on pop-up screens or windows associated with the Services. This third party content is also not owned by you, and may not be used by you outside of your use of the Services.
The Content created by you through use of the Services are the sole
responsibility of the person from which the Content originates.
That means you, and not Gubagoo, are entirely responsible for all
Content that you upload, post, or otherwise transmit via the
Services. Gubagoo does not provide, create or control any Content
posted by you or any other user of the Service, and, as such, does
not guarantee the accuracy, integrity or quality of the Content.
You understand that by using the Services, you may be exposed to
Content that is offensive, indecent or objectionable. Gubagoo is
not liable for such Content, including but not limited to, for any
errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted or
otherwise transmitted through the Services.
You will not use the Services or the chat function to:
- Damage, disable, overburden, or impair the Gubagoo server, or interfere with any other third party’s use or enjoyment of the Services.
- Attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Gubagoo server or any of the Services.
- Violate any patent, trademark, trade secret, copyright, right to privacy, publicity or other proprietary right of any party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of publicity or privacy) of others.
- Send or otherwise make available any inappropriate content, profane, defamatory, obscene, abusive, racist, indecent or unlawful topic.
- Send or otherwise make available any information or material that may constitute or encourage conduct that is a criminal offense or civil wrong.
- Impersonate any person or entity or make any false statements regarding any agency or affiliation with any entity or create a false identity.
- Transmit or upload any material to any of the pop-up screens or windows associated with the Services that contain viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
Ownership of IM Conversation Content
Third Party Materials
The chat room features may display, include, or make available third-party content (including data, information, applications and other products services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that Gubagoo is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Gubagoo does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely your own risk and subject to such third parties’ terms and conditions.
Disclaimers of Warranties
This website and all information, content and materials made available to you through this site are provided by Gubagoo on an “as is, where is” basis. Gubagoo makes no representations or warranties of any kind hereunder, express or implied, as to the operation of the Services, or the information, data, content, materials, products, or other services included on or otherwise made available to you through use of the Services. Gubagoo does not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share. You agree that Gubagoo will not be liable for any damages of any kind (including but not limited to direct, indirect, special, consequential, punitive, general damages) arising from the use of this site, the Services, or the materials within the site.
You agree to indemnify and hold Gubagoo, its officers, directors,
shareholders, predecessors, successors in interest, employees,
agents, subsidiaries and affiliates, harmless from any demands,
loss, liability, claims or expenses (including attorneys’ fees),
made against Gubagoo any third party due to or arising out of or in
connection with your use of the Services.
Except as expressly stated in this agreement, Gubagoo is not liable for any of your acts or omissions, or your use of the Services in any manner that violates any federal or state law or regulation.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
How to Contact Us
4800 T-Rex Ave, Suite 350
Boca Raton, Florida 33431
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