Effective as of August 30, 2018
Your access to the Site is subject to these Terms, and by using this Site, you agree to follow and be bound by the Terms, and further agree to comply with all applicable laws and regulations, including United States and Florida laws. In these Terms, the words “you” and “your” refer to each customer, Site visitor, or user. The “Company,” “we,” “us,” and “our” refers to Go Go Brothers. “Services” refers to all services provided by us on the Site.
YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY CAPABLE OF ENTERING INTO A
CONTRACT. Minors are not eligible to use the Site without the supervision of a legal guardian and we ask that they do not submit any personal information to us. You acknowledge that we reserve the right to refuse service to anyone and to cancel user access at any time.
Changes to Terms: It is your responsibility to review the Terms periodically. If you do not agree to the Terms, do not use this Site. We may modify these Terms at any time without notice to you, and such modifications, additions or deletions shall be effective immediately upon posting.
Changes to Site: We may change or discontinue any aspect, service, or feature of the Site, including, but not limited to, the content, availability, and equipment needed to access or use the Site, at any time and without notice. If you have any questions about these Terms, please contact us.
Date of Last Revision: August 30, 2018
The Service: The Service is comprised of (i) the Company website, currently located at www.thegogobrothers.com (and/or any successor or additional website(s) owned or operated by or for Company); (ii) the servers operated by or on behalf of Company; and/or (iii) any other technology and/or services that Company provides its members. The Service may be distributed through any media format through any media channel and/or via any media device. The Service allows You to make content and other material available to other users of the Service and to access content and other materials made available by other users of the Service. All comments and other communications posted or published by you or other users on the Service, including in any bulletin board, chat, discussion group, feedback area, news group or email, are referred to as “User Material.” All content made available by users other than “User Material” is referred as
“User Content” and includes the documents, forms, templates, and other content materials that may be uploaded to the Service or otherwise provided by you to Company, along with any other material including, without limitation, text, software, scripts, graphics, images, audio, information, and interactive features. User Material and User Content are collectively referred to as “User Material and Content.”
Rights in User Material and Content: You retain all of your rights in your User Material and Content. You shall be solely responsible for your User Material and Content, whether created by or for you, and the consequences of posting or publishing it on the Service. You may not submit User Material and Content that contains any pornographic, infringing, hate-related, violent, or illegal content. You may only upload and publish or permit Company upload and publish on your behalf, User Material and Content on the Service for which you have sufficient rights and licenses to permit the distribution of your User Material and Content via the Service. You expressly represent and warrant that you either own or have secured the necessary licenses, rights, consents, and permissions to enable Company to include the User Material and Content as part of the Service and in the manner contemplated by these Terms. You acknowledge that you have no expectation of privacy or confidentiality with respect to your User Material and Content. You warrant that all moral rights to the User Material and Content you submit have been waived. At all times, in using the Service, you must observe and abide by these Terms, as they may be amended from time to time.
User Material: By submitting, posting, uploading, emailing, or otherwise providing User Material to Company, you hereby grant Company a worldwide, non-exclusive, royalty-free, fully-paid, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform, and transmit the User Material in connection with the Service and Company’s (and its successor’s) business, including, without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your User Material through the Service, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Material as permitted through the functionality of the Service and under these Terms.
User Content: You hereby grant to Company a revocable, non-exclusive, worldwide, royalty- free, sublicensable, and transferable right and license to: (i) use, display, publicly perform, transmit, distribute, copy, edit, modify, store, reproduce, make available for download and/or provide your User Content on or through the Service, either in its original form, as a copy or as a derivative work; (ii) secure, encode, reproduce, host, cache, route, reformat, analyze, and create algorithms based on your User Content; (iii) distribute, transmit, and/or display your User Content and encoded works via such technologies as are supported by Company from time to time through or via the Service; (iv) display advertisements and promotional material in connection with your User Content; and (v) perform such other acts with respect to your User Content as are necessary from time to time to provide the Service. You understand and agree that Company may retain, but not display, distribute, or perform server copies of your User Content. For the avoidance of doubt, as between you and Company, you retain all ownership rights in and to the User Content, and Company is under no obligation whatsoever to use your User Content in any way.
Trademarks: You hereby grant Company a non-exclusive, royalty-free right to reproduce and display your logos, trademarks, trade names, and other similar identifying material (the “Marks”) solely for the purposes of promoting, marketing, and/or displaying your User Material and Content, and to grant sublicenses thereto on the same terms and conditions to end users and Company’s affiliates and partners to the extent necessary in connection with the provision of the Services. This trademark license will terminate automatically upon the termination of these Terms between you and Company.
Authority: If you upload or email content to Company, you represent and warrant at all times that:
(i) you are either over 18 years of age, an emancipated minor, or possess legal parental or guardian consent and are fully authorized to enter into these Terms on your own behalf and on behalf of any other individuals or companies whom you are representing; (ii) you are fully able and competent to accept, make and/or perform the terms, conditions, obligations, representations, and warranties set forth in these Terms, and to abide by and comply with the terms herein; (iii) if you are a company, you are duly organized, validly existing, and in good standing under the laws of the state of your organization, you have full corporate power and authority to enter into these Terms, and you are duly authorized to perform the obligations and to carry out the provisions herein; (iv) you understand that these Terms are legal and valid obligations, binding and enforceable in accordance with their terms; and (v) neither the execution, delivery, or performance of these Terms conflicts with any agreement, instrument, or understanding, oral or written, to which you are a party or by which you may be bound, or violates any law or regulation of any court, governmental body or administrative or other agency having jurisdiction over you.
Representations and Warranties: You specifically represent and warrant that (i) you either own fully and outright the User Material and Content or have obtained all rights, approvals, licenses, consents, and permissions as are necessary, and are authorized to grant the licenses granted by you under these Terms to make the representations and warranties made herein, and to perform your obligations hereunder; (ii) your User Material and Content and the distribution and/or publication of your User Material and Content through the Service, directly or indirectly, does not, and shall not, infringe or misappropriate any copyright, trademark, privacy right, name, or likeness right, or any other rights of any third party; (iii) you have obtained all necessary consents (including, but not limited to, with respect to name and likeness), secured all licenses and paid all associated fees required to be paid to third parties (including, but not limited to, for the use of any music performed in, contained in, or synchronized with any of the User Material and Content) (“Third Party Fees”) with respect to the User Material and Content and you covenant to timely pay any and all Third Party Fees required to be paid in the future. You further expressly agree that, as between you, on the one hand, and Company and its affiliates, subsidiaries, and distribution partners on the other hand, any obligation to secure any third-party rights and to pay Third Party Fees as a result of distribution of your User Material and Content pursuant to these Terms shall be your obligation and not the obligation of Company or any of its affiliates, subsidiaries, or partners.
Publication: By using the Service, you may elect to have Company present, publish, manage, and distribute your User Material and Content and permit Company’s end users access to your User Material and Content. In all cases, Company’s selections in the manner of publication shall be conclusive in the event of any dispute.
Suspension: Company reserves the right to suspend its publication of the User Material and Content or any aspect thereof under these Terms at any time, without giving prior notice, for any act which Company, in its sole discretion, determines to be harmful to any end user of the Service, the Service itself or which Company determines in good faith violates, fails to comply with any applicable law or regulation, or for any other reason, in Company’s sole discretion. Company may, without notice to you, remove or block any User Material and Content from the Service.
Monitoring: We shall have the right, but not the obligation, to monitor your or other users’ use of the Site to determine compliance with the Terms and to satisfy any law, regulation, or authorized government request. We may share personally identifiable information in response to a law enforcement agency’s request, or where we deem, in our sole discretion, that it is necessary or otherwise required by law.
Ownership: This Site is owned and operated by Go Go Brothers LLC. Aside from third-party licensed content, all rights, title, and interest in and to the materials provided on this Site, including, but not limited to, information, documents, logos, graphics, sounds, images, audio- visual works, characters, and the intellectual property rights therein, including, without limitation, copyright and trademark (the “Materials”) are owned by us. Go Go Brothers is the trademark and the exclusive property of Go Go Brothers LLC. Except as otherwise expressly provided herein, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way, and nothing on this Site shall be construed to confer any license under any of our intellectual property rights, whether by estoppel, implication, or otherwise. Any rights not expressly granted herein are reserved by us.
Third-Party Content: As a convenience for its members, Company may provide links on this website to other websites owned by third parties or make viewing of videos available on third party websites or services. We have no control over the content of any third-party site, and these Terms do not govern your use of any such third-party site. Additionally, the Site may reference products, services, or other information by trade name, trademark, or otherwise, and such reference shall not be construed as an endorsement, sponsorship, or recommendation of or by such third parties unless expressly stated to the contrary. Unless otherwise stated, Company does not endorse or control these third parties and takes no responsibility for them or their websites. Please refer to these third-party websites for their terms and conditions and other policies.
User Behavior: Go Go Brothers grants you permission to use the Site subject to all of the terms and conditions set forth in these Terms. The words "use" or "using" in this Agreement means any time an individual (a "User"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of, or interacts with any function, service, or feature of the Site, for any purpose whatsoever.
As a condition of use, you agree not to use the Site for any purpose that is unlawful. You agree to abide by all applicable local, state, national, and international laws and regulations, including, without limitation, all intellectual property laws (such as U.S. copyright laws). Any unauthorized use of the Site is expressly prohibited.
By way of example, you agree not to (a) take any action, or (b) upload, download, post, submit, or have Go Go Brothers upload or post on your behalf or otherwise distribute or facilitate distribution of any material and/or content, using any communications service or other service available on or through the Site, that:
infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity; or
is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, profane, pornographic, or obscene, or promotes hate or incites violence; or
misrepresents the source, identity, or content of information transmitted via the Site; or
constitutes unauthorized or unsolicited advertising, junk or bulk email (“spamming”) or a chain letter, a pyramid scheme, petitions for signatures, charity requests, or any other similar solicitation; or
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, or other information belonging to Go Go Brothers or any third party; or
impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Go Go Brothers; or
discourages or is likely to discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site; or
uses the Site for unauthorized commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
collects, or attempts to collect, personal information about users without their consent or constitutes a solicitation, for commercial purposes, of any users of the Site; or
Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in Go Go Brothers’ sole discretion, an unreasonable or disproportionately large load on Go Go Brothers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) alter or modify any part of the website; (iv) bypass any measures Go Go Brothers may use to prevent or restrict access to the Site, other accounts, or computer systems or networks connected to the Site; or (v) interfere with any other user’s enjoyment of the Site, including, without limitation, accessing an account of a Go Go Brothers user that is not yours.