Last Updated: May 2, 2018

Gubagoo Terms of Use

Gubagoo Inc. (“Gubagoo”) is a provider of live chat and digital marketing software and services. These Terms of Use will allow you to understand the Gubagoo chat, SMS, messaging and marketing services (“Services”). By using the Services, you agree to these Terms of Use and the Privacy Policy located at https://gubagoo.com/privacy.

If you have any questions about these Terms of Use, please contact us.

General Terms

By using the Services, you agree to be legally bound to and abide by these Terms of Use, just as if you had signed these Terms of Use as a legally binding agreement. If you do not accept or agree with these Terms of Use or the Privacy Policy, you should not use the Services.

The chat function of the Services (“IM Content”) is intended to facilitate conversation between you and Gubagoo, or a third party merchant operating the website or business for which you are using the Services (“Gubagoo merchant customer”). As a user of the Services, you agree to engage with the chat function and create IM Content in a respectful manner and to adhere to the Terms of Use.

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 privacy@gubagoo.com  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.

Ownership

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.

Except as expressly provided in these Terms of Use, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Gubagoo’s express prior written consent.

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.

You agree to only post IM Content that adheres to Gubagoo’s Terms of Use. Since you do not own content posted by others, you agree not to repost content of others without their prior permission.

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.

User Conduct

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:

  1. Conduct any purpose that is unlawful, unethical, prohibited these Terms of Use or that could create liability for Gubagoo.
  2. Damage, disable, overburden, or impair the Gubagoo server, or interfere with any other third party’s use or enjoyment of the Services.
  3. Attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Gubagoo server or any of the Services.
  4. Violate any patent, trademark, trade secret, copyright, right to privacy, publicity or other proprietary right of any party.
  5. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of publicity or privacy) of others.
  6. Send or otherwise make available any inappropriate content, profane, defamatory, obscene, abusive, racist, indecent or unlawful topic.
  7. Send or otherwise make available any information or material that may constitute or encourage conduct that is a criminal offense or civil wrong.
  8. Impersonate any person or entity or make any false statements regarding any agency or affiliation with any entity or create a false identity.
  9. 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

You acknowledge that Gubagoo owns the transcripts of the chat sessions you conduct through the Services, and that we will keep those transcripts and content, and that we may share them as described in our Privacy Policy and with the Gubagoo merchant customer that operates the website from which your chat room conversations are initiated.

Modification

Gubagoo reserves the right to modify the Terms of Use at any time, and you agree to be bound by those modifications. Any changes to the Terms of Use will be effective immediately upon posting on the Gubagoo website and you agree to the Terms of Use by continuing to use the Services.

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.

Privacy

You acknowledge that when you use the Services, Gubagoo may collect information about you and your mobile devices and about your use of the Services. You also may be required to provide certain information about yourself as a condition to using the Services. All information we collect through or in connection the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

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.

Indemnification

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.

Governing Law

By visiting Gubagoo’s Web Site, and/or using the Services, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern this Terms of Use Agreement and any dispute of any sort that might arise between you and Gubagoo regarding such Agreement.

Entire Agreement

This Agreement and our Privacy Policy constitute the entire agreement between you and Gubagoo with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.

Waiver

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

Gubagoo Inc.
c/o Legal
4800 T-Rex Ave, Suite 350
Boca Raton, Florida 33431
Telephone: 855.359.2574
Email: legal@gubagoo.com

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