Terms of Service
GOGOYOKO TERMS & CONDITIONS
Updated as of: 30 June 2009
By using this website and the products and services on this website ("Products and Services"), you as a user agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted rules and guidelines applicable to gogoyoko or the Products or Services.
According to these Terms and Conditions, the term user refers to users who are using the gogoyoko website, for example to buy or listen to music published through gogoyoko as well as artists, producers and other third parties who are selling and/or publishing music or other products ("Goods") through gogoyoko.
If you do not agree to be bound by these Terms and Conditions and to follow all applicable laws, you should leave gogoyoko's website and discontinue any use of the Products and Services immediately.
We ask you to read these Terms and Conditions carefully as they contain important information regarding your legal rights, remedies and obligations.
2. Changes to gogoyoko.com and the Terms and Conditions
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time with or without further notice. If we do this, we will post the changes to these Terms and Conditions on this page and will indicate at the top of this page the Terms and Conditions' updated date. Your continued use of the website after any such changes constitutes your acceptance of the new Terms and Conditions. You are responsible for regularly reviewing these Terms and Conditions so that you are updated on any changes.
3. Eligibility and Registration
Our policy is to request that "Minors" (the age of Minors is determined by local law where you reside) do not make purchases or engage in other legal acts on the gogoyoko website without the consent and supervision of a parent or legal guardian, unless permitted by applicable law. You may browse the gogoyoko website without registering but as a condition to using certain aspects of the gogoyoko Service you may be required to register with gogoyoko. By registering for the gogoyoko Service, you represent and warrant that you are not a "Minor" acting without the consent and supervision of a parent or legal guardian and that you have the capacity to understand, agree to and comply with these Terms and Conditions. You should provide true, accurate and complete registration information to be a gogoyoko.com downloader (' Downloader'). As part of the registration process, you will be asked to select a username and password (your "IDs") and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
4. Downloader Conduct and Appropriate Content
The gogoyoko Service is made available for your personal use only. You may not use the gogoyoko Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from Iceland or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ("Materials") that you submit, post, and display on the gogoyoko Service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms and Conditions. Further, under no circumstances does gogoyoko have any obligation to check the accuracy or truthfulness of any Materials, nor to monitor any Downloader's use of the gogoyoko Service. gogoyoko cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph 4.
5. Conditions for Use
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the gogoyoko Service. By way of example, and not as a limitation, you agree NOT to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
- Use other Downloaders' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Downloaders
- Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
- Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by gogoyoko.
- Create a false or misleading identity of (including, but not limited to), a gogoyoko employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
- Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Use the gogoyoko Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the gogoyoko website.
- Attempt to gain unauthorized access to the gogoyoko Service, other accounts, computer systems or networks connected to the gogoyoko Service, through password mining or any other means.
- Modify, adapt, translate, or reverse engineer any portion of the gogoyoko Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the gogoyoko Service.
- Reformat or frame any portion of the web pages that are part of the gogoyoko Service unless we expressly authorise you to do so.
- Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
- Remove any copyright, trademark or other proprietary rights notices contained in or on the gogoyoko Service.
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Interfere with another Downloader's use and enjoyment of the gogoyoko Service.
- Harvest or collect email addresses or other contact information of Downloaders, including usernames, from the gogoyoko website by electronic or other means.
By using the gogoyoko Service, you acknowledge and agree that you have no right to provide any files obtained through the gogoyoko Service to any other party or through any other means.
Because the gogoyoko Service is designed for personal use, you are not allowed to use any automated system for the selection or downloading of files. gogoyoko reserves the right to immediately and permanently terminate your access to the Service if gogoyoko believes that you are violating such limitation.
You represent and warrant that you own or otherwise control all of the rights to any Materials that you post to the gogoyoko website and you agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the gogoyoko Service.
You may not use or allow others to use, your IDs and/or the gogoyoko Service, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the gogoyoko Service, that:
- is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive;
- violates any law or regulation or the rights of others;
- causes duress, distress or discomfort to another or is likely to deter or discourage others from using the gogoyoko Service;
- infringes any intellectual property, proprietary rights or confidentiality obligations of others;
- promotes illegal activity or is considered to be unlawful;
- facilitates hacking;
- infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party, or contributing to inducing or facilitating such infringement;
- contains unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- contains any software viruses or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services obtained from the gogoyoko website;
- is offensive to the gogoyoko community or the spirit of these Terms and Conditions;
The following are examples of the kind of activity that is illegal and prohibited and by accepting these Terms and Conditions you agree that you will not use Products and Services on the gogoyoko website to:
* intimidate or harass another ("stalk");
* impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or affiliation with a person or entity;
* collect or store personally identifying information about other users for commercial or unlawful purposes;
* conduct your own contests and promotions or otherwise transmitting or posting links to any content regarding for example a game or contest requiring a fee by participants;
* sell, distribute, or make any commercial use of data obtained from gogoyoko’s database or make any other use of data from gogoyoko's database in a manner which could be expected to offend the person for whom the data is relevant;
* create and maintain a gogoyoko user profile that contains hyperlinks to content not permitted on gogoyoko;
* disrupt the normal flow of dialogue in a chat room, cause a screen to "scroll” faster than other users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
* interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services;
* intentionally or unintentionally violate any applicable local, state, national or international law;
* access the Products and Services after your account or access has been terminated by gogoyoko;
* submit any order to purchase goods or services from individual artist pages on the gogoyoko site where you do not intend to complete the transaction;
* purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services;
* use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of gogoyoko and/or the party from whom such software may be licensed;
* decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services;
* use automated means, including additional computers, software and scripts, to enhance play in gogoyoko promotions, increase the number of plays of songs of any particular artist on gogoyoko or increase traffic to the gogoyoko artist site of any particular artist; or
* use automated means, including spiders, robots, crawlers, or the like to download data from any gogoyoko network database.
You are solely responsible and liable for any such activity, behaviour, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your IDs.
gogoyoko reserves the right to take appropriate legal actions against anyone, who in gogoyoko's sole discretion violates the provisions of these Terms and Conditions. Such legal actions include, but are not limited to, reporting that person and his IP address to the law enforcement authorities and to the relevant Collecting Society for Performing Artists and Phonogram Producers and the Performing Rights Society.
You also may not use, nor allow others to use, your ID(s), the gogoyoko Service, directly or indirectly, to:
- attempt to or actually disrupt, impair or interfere with, alter or modify the gogoyoko Service or any information, data or materials posted and/or displayed by us or anyone else;
- act in a way that affects or reflects negatively on us, the gogoyoko Service, or anyone else;
- collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all applicable laws and regulations which are applicable to your use of the gogoyoko Service.
You are prohibited from violating or attempting to violate the security of the gogoyoko Service by, including, without limitation:
- accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorised to access;
- attempting to probe, scan or test the vulnerability of the gogoyoko Service or to breach security or authentication measures, regardless of your motives or intent;
- attempting to interfere with or disrupt the gogoyoko Service including, without limitation, by submitting a virus, worm or Trojan horse or attempting to disrupt any processor, host or network; or
- sending unsolicited email or other information, including promotions or advertising. Violations of the gogoyoko system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
You accept that it is your responsibility to install appropriate anti-virus and security software on your computer hardware to protect against a computer security threat which may be transferred to your computer hardware through the use of the gogoyoko Service and/or the gogoyoko website including but not limited to viruses, Trojan horses, time bombs or any other form of programming routine designed to damage or otherwise impair a computer's functionality or operation.
gogoyoko derives its rights to use the musical tracks offered on the gogoyoko Service from artists and record labels for fixed periods of time and, sometimes, for limited territories (GOGOYOKO Licence Restrictions). gogoyoko is sometimes required to pull certain tracks off the Service for legal reasons. Therefore, certain tracks offered or advertised by gogoyoko may not be available when you try to download, and not all tracks are available in all countries. You are prohibited from violating or attempting to violate any GOGOYOKO Licence Restrictions either by using international proxies or any other technological measures or otherwise violating or attempting to violate any territorial limitations or other conditions of use or access of tracks.
6. Service Suspensions
gogoyoko will make reasonable efforts to keep the gogoyoko website operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of gogoyoko may, from time to time, result in temporary service interruptions. gogoyoko also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the gogoyoko Service with or without notice. You agree that gogoyoko shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the gogoyoko Service.
7. Proprietary Rights, Royalty Payments, Rights Owners and Payment Events
If you are an artist and/or record label you shall enter into a separate digital distribution agreement with us with respect to any recordings you wish to digitally distribute via the gogoyoko Service ("the DDS Agreement"). The DDS Agreement shall set out any applicable deductions and charges, shall be non-exclusive (meaning you are free to license your recordings to anyone else in addition to gogoyoko) and the payment provisions shall be further covered in the DDS Agreement.
As the artist/record label, it is up to you to decide and set the sale price of any recordings you wish to distribute on gogoyoko save that with respect to any recordings which are registered with a music collection society there will be a minimum sale price requirement which we shall inform you of and which we need to impose in order for us to meet any payment requirements imposed upon us by any music collection society.
Our intention is to make available a royalty sales overview section for our artist/label members where such royalty sales overview will be available in the artist/label registered account section of the gogoyoko website and will as close as reasonably possible provide our artist/label members with real time sales information.
In the event of a payment becoming due, the payment will be made to the single person/account authorised as being responsible for receiving payment as communicated to us in writing at the time of registration and gogoyoko will not be responsible to share proceeds from digital sales to rights owners other than the single contact identified at registration. As specified in the DDS Agreement given the potential transaction costs, gogoyoko and the rights owners agree that payments will only be made when the cumulative download balance exceeds €20 (Twenty Euros) and a payment account will be classed as dormant and will cease to become due for payment or any liability if the total payment due is less than €20 and no active transactions have occurred for a period of 18 (eighteen) months. For the avoidance of doubt no interest will be payable on any sums payable by gogoyoko hereunder.
By entering into the DDS Agreement you will have granted us the the right to stream your materials and that any streaming of your materials for purpose of reviewing content will be royalty free (meaning gogoyoko is not required to make any payment) and gogoyoko will be entitled to sublicense all rights granted by you (so that gogoyoko is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the gogoyoko Service).
gogoyoko does not claim any ownership rights in any of the Content (including, without limitation, master recordings, art or and photographs and video) that you post on or through gogoyoko. The copyright to all such Content shall remain with its original owner.
By displaying or publishing ("posting") Content on gogoyoko, you warrant and represent that you are the owner of the Content posted by you or otherwise have the right to grant the license set forth in this section, and that posting such Content does not violate the privacy rights, publicity rights, copyrights, contract rights of any other rights of a third party. You agree to pay all royalties and fees owing to any person by reason of any Content you post on gogoyoko.
By using gogoyoko's website and gogoyoko's Products and Services you grant gogoyoko a limited, worldwide, non-exclusive, royalty-free license to use, modify (for example, re-sizing of photos and/or encoding of audio or video files), delete from, reproduce, transmit, publicly display, publicly perform and distribute any Content posted by you on or through gogoyoko, to publish and promote such Content in connection with the particular Products and Services, to publish and promote such Content on any other gogoyoko website through links to gogoyoko, and to sublicense such rights solely as necessary to provide the Products and Services.
This limited license is given by you in order to make it possible for gogoyoko to provide the Products and Services. The license shall terminate at such time as you remove your Content from gogoyoko.
You represent and warrant that: gogoyoko and its affiliates and licensors own and retain all rights in the gogoyoko web site and its service including without limitation any proprietary rights and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by gogoyoko you may not copy, modify, publish, transmit, distribute, perform, display or sell any of gogoyoko's proprietary information. 'gogoyoko' is a trademark of gogoyoko ehf.
8. Profiles/Sharing of Uploaded Music
Users can post content to their profiles ("Profiles") and are invited to do so with the following limitations:
* gogoyoko expressly reserves the right to display advertising on users Profile pages and any other pages on the gogoyoko website;
* gogoyoko may limit the amount of bandwidth dedicated to any account and reserves the right to charge for additional bandwidth/storage space on the gogoyoko website; and
* Profiles are governed by the entire Terms and Conditions, including, without limitation, user conduct, and you are encouraged to review these Terms carefully.
If you are an artist and/or record label you should be aware that any recordings that you upload to gogoyoko and which you make available for purchase within your store section shall by default also be available to stream in your artist/label Profiles until such time as you manually remove such recording from your artist/label Profile.
All artists/labels and Users should note that recordings that are available for streaming on a Profile or are available for purchase on a gogoyoko artist/label store will be accessible by other Users who will be able to add such Recordings onto their own Profiles as a promotional stream. This free sharing of music streams is in place to encourage the sharing and promotion of music within gogoyoko. Therefore if you do not want any recording to be available for other User´s to add to their own User Profiles then they should be removed from gogoyoko.
Under no circumstances may Profiles be used to infringe the copyright or any other right of any person or entity. gogoyoko reserves the right to modify or discontinue the Profile service at any time, and you are encouraged to maintain back-up copies of the content you post on your Profile.
You are solely responsible for all content published or displayed through your account, and for your interactions with other users.
Please choose carefully the information that you post on your profile. gogoyoko takes no responsibility nor is it in any way liable for information provided by you or other users in their Profiles that may contain inappropriate, impermissible or offensive material.
gogoyoko reserves the right, in its sole discretion, to reject, refuse to post or remove any content posted by you, or remove or replace or take control of any url within gogoyoko´s network or to deny, restrict, suspend or terminate your access to all or any part of the gogoyoko's network at any time, or to remove your Profile, for any or no reason, with or without prior notice or explanation, and without any liability.
9. gogoyoko player
The gogoyoko player and any software contained therein (the "gogoyoko player") is made available to users free of charge subject to the provisions of these Terms and Conditions.
You may load the gogoyoko player into the temporary storage of your computer each time you use it provided that such use does not violate gogoyoko's intellectual property rights. gogoyoko offers you a non-assignable, non-transferable and non-exclusive licence to place the gogoyoko Player onto third party websites subject to such third party website permitting this and subject to such placement not violating any terms and conditions of such third party.
You agree not to attempt to, or assist another person to attempt to, circumvent, tamper with, modify, disassemble, decompile, reverse engineer, derive the source code of, or create derivative works from the gogoyoko Player. Furthermore, you agree not to modify the gogoyoko Player in any manner or form unless we have expressly authorised you to do so, or to use modified versions of the gogoyoko Player, for any purposes. You may neither use the gogoyoko Player to engage in or allow others to engage in any illegal activity.
10. Store Credit
You acknowledge that the Service presently includes a component of in-site fictional currency ("Store Credit"). You may purchase Store Credit from gogoyoko or at gogoyoko's sole discretion you may convert any monies held in your gogoyoko account into Store Credit at the rate prescribed on the gogoyoko website at the applicable time. The right to use Store Credit on the gogoyoko website represents a limited license right governed solely under the terms of this Agreement, and Store Credit is not redeemable for any sum of money or monetary value from gogoyoko at any time and for the avoidance of doubt cannot be withdrawn as real currency but can be used to purchase goods or services (including advertisements) as provided on the gogoyoko site and also can be used to donate to charity as further detailed in the charity section of the gogoyoko site and as further governed by the charity section of these Terms and Conditions. You agree that gogoyoko has the absolute right to manage, regulate, control, modify and/or eliminate such Store Credit as it sees fit in its sole discretion, in any general or specific case, and that gogoyoko will have no liability to you based on its exercise of such right.
11. Charitable Donations
The gogoyoko website allows you to donate to any of the ten (10) charities and/or organisations listed on the website from time to time. Every charity or organisation listed has a contractual agreement with gogoyoko authorising gogoyoko to collect donations on its behalf. Charities and organisations are accepted as members at gogoyoko's discretion.
gogoyoko is not responsible for any dissatisfaction you may have regarding the recipient organisation's use of any donation you may make through the gogoyoko website. Please note that the recipient organisation reserves the right to use your donation for its general purposes. gogoyoko cannot guarantee that funds will be earmarked for a particular appeal, unless specifically stated by the recipient organisation itself.
When a donation is made on the gogoyoko website the transaction is final and not disputable unless unauthorised use of your payment method is proved. If you become aware of fraudulent use of your payment card, or if it is lost or stolen, you must notify your card provider in accordance with its reporting rules and similarly if you make a charitable donation via a different payment method (e.g. paypal) and you become aware of any fraudulent use of your other payment method then you must notify your payment service provider in accordance with its reporting rules.
12. Third party websites, advertisements and content
gogoyoko may contain links to websites owned by any persons and entities which includes advertisement from third parties and/or where users can purchase goods or services from third party merchants ("Merchants").
gogoyoko has no control over such links and you agree and acknowledge that when you access website from such link you do so at your own risk. gogoyoko cannot confirm that Merchants are who they claim to be nor confirm the truth or accuracy of any statements made by Merchants.
Users are obligated to complete transactions, when an order is submitted to purchase any goods or services from Merchants subject to the individual Merchant's terms and conditions governing such transactions. By submitting an order to purchase goods or services from an individual Merchant, you acknowledge that you are entering into a transaction with that Merchant. gogoyoko will not interfere or get involved in any dispute between Users of the Service and Merchants who post links or advertisements on gogoyoko.
Furthermore, gogoyoko shall not be responsible or liable for any damage or loss caused by or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13. Linking to gogoyoko, use of gogoyoko's logo
gogoyoko offers you a non-assignable, non-transferable, and non-exclusive license to link to gogoyoko websites, using gogoyoko logos, subject to the following provisions:
(a) gogoyoko logos may be placed on a website for the sole purpose of creating a link to gogoyoko and allowing users of your site to access the Products and Services on gogoyoko.
(b) gogoyoko logos may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by gogoyoko.
(c) gogoyoko logos may only be used in the exact size, shape, colors, design, and configuration as found on the gogoyoko website or as otherwise authorised by gogoyoko.
(d) gogoyoko logos may not be altered in any manner unless expressly authorised by gogoyoko.
(e) gogoyoko logos must appear by themselves, with reasonable spacing between each side of the applicable logo and other graphic or textual elements.
(f) gogoyoko logos may not be used to disparage gogoyoko's Products or Services, or in a manner which, in gogoyoko's reasonable judgment, may diminish or otherwise damage gogoyoko's goodwill in gogoyoko logos.
(g) By using any such gogoyoko logo, you acknowledge that gogoyoko has exclusive rights to the logo, and that all good will generated through your use of the logo will inure to the benefit of gogoyoko.
gogoyoko reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. gogoyoko reserves the right to take action against any use that does not conform to these provisions.
14. Submission of ideas
You agree and acknowledge that any submission of suggestions, development, ideas feedback, and/or related ideas to gogoyoko and its directors, subsidiaries, affiliates, officers, employees, and licensors, improving gogoyoko's Products and Services, will be subject to these Terms and Conditions.
By submitting an idea, comments, suggestions, feedback and/or any such related material to gogoyoko, you waive any and all rights in connection to the material and give gogoyoko the rights to implement the idea or material and to use that information if it so desires, as provided or as modified by gogoyoko, without obtaining consent or license from any third party.
15. No Refunds
Please note that we are unable to accept cancellation of any orders for paid for digital downloads, nor offer any refund for such orders, once downloading has commenced. All such sales are final and a sale is confirmed immediately when you begin to download paid for content from the gogoyoko website and you will have no right to cancel your contract once the sale commences. On most occasions the gogoyoko service enables you to preview content and this ability to preview content prior to purchase will assist in your decision making prior to purchase.
17. Copyright and Intellectual Property
The gogoyoko website and the underlying computer code used by us to design, operate and maintain the website and all content and material contained within or available on the gogoyoko website is protected by rights of copyright, trademarks, service marks, patents, database rights, domain name rights, trade secrets and/or other proprietary intellectual property rights and laws throughout the world. Unless expressly authorised by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on the gogoyoko website. Notwithstanding the above, you may use the content and materials on the gogoyoko website in the course of your normal, personal, non-commercial use of the gogoyoko website.
We respect the ownership of copyright and other intellectual property rights of others and we have made all reasonable endeavours to acquire the consent of the copyright owners to the content provided on the gogoyoko website. We will upon notice of any actual or potential infringement of copyright in such content either seek to acquire the consent of the copyright owner to use such content or, if this is not possible, remove the infringing or potentially infringing content from the gogoyoko website as soon as possible.
If you believe that your work or the work of a third party has been used on the gogoyoko website in such a way that constitutes copyright infringement, please contact us and provide us with the written information specified below:
- An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright protected content;
- A description of the copyright protected content that you believe has been infringed upon;
- A full description of where on the gogoyoko website this content can be found (including the relevant URL and/ or screen shot);
- Your address, telephone number, and email address;
- A written statement by you that in your reasonable belief the use of the content is not authorised by the copyright owner, its agent, or the law;
- A written statement by you that the information contained in this notice, and any other information we may reasonably require from you in order to enable us to resolve the issue of copyright infringement (whether actual or alleged) is accurate and that you are either the copyright owner or authorised to act on the copyright owner's behalf.
18. Internet Access
gogoyoko shall not be responsible for any connection or access to the gogoyoko website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the gogoyoko website via the Internet, and the Internet access charges thereon.
19. Termination of the gogoyoko Service
These Terms and Conditions will apply to your use of the gogoyoko Service. At any time, you can terminate your account which will remove your profile and other personal information from view. We may terminate your downloader status immediately at any time, for any reason. Once your downloader status terminates, you will have no right to use the gogoyoko Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your downloader status.
gogoyoko may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the gogoyoko Service, or any part thereof, with or without notice. You agree that any termination of access to the gogoyoko Service under any provision of the Terms and Conditions may be effected without notice, and acknowledge and agree that gogoyoko may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the gogoyoko Service. Where possible, gogoyoko will use reasonable efforts to give users fair notice of termination or suspension of their access to the gogoyoko Service. Further you agree that gogoyoko shall not be liable to you or any third party for any termination or suspension of access to the gogoyoko Service or modification of the gogoyoko Service.
20. Disclaimer of Warranties
gogoyoko, and its affiliates, licensors, partners, suppliers, employees, consultants and agents ('the gogoyoko Family') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the gogoyoko Service.
The gogoyoko Family further expressly disclaims (1) that the gogoyoko Service (including for the avoidance of doubt the "real time" royalty sales overview referred to at clause 7 hereof) will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the gogoyoko Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the gogoyoko Service or the content made available as part of the gogoyoko Service will be correct, accurate, timely, or otherwise reliable.
gogoyoko Family expressly disclaims any and all responsibility and liability for the conduct of any other Downloader, and expressly disclaims that the content and Materials of the gogoyoko Service input by other Downloaders is correct or accurate.
THE GOGOYOKO SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE GOGOYOKO SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. GOGOYOKO EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT YOUR USE OF THE GOGOYOKO SERVICE IS ENTIRELY AT YOUR OWN RISK.
21. Hold Harmless and Indemnity
You agree to hold harmless and indemnify, and at gogoyoko's request defend, gogoyoko, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, downloaders, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the gogoyoko Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, gogoyoko will provide you with written notice of such claim, suit or action.
22. Limitation of Liability
YOUR USE OF THE GOGOYOKO SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL GOGOYOKO, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, DOWNLOADERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE GOGOYOKO SERVICE, WHETHER OR NOT GOGOYOKO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE GOGOYOKO SERVICE, FROM INABILITY TO USE THE GOGOYOKO SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE GOGOYOKO SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE GOGOYOKO SERVICE OR ANY PART OF THE GOGOYOKO SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GOGOYOKO SERVICE AND ITS RELATED WEBSITE. SOME TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL GOGOYOKO BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING FIVE HUNDRED EUROS €500.00).
gogoyoko may provide you with notices regarding the gogoyoko Service or these Terms of gogoyoko Service by regular mail, email, or postings to this website.
24. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the gogoyoko Services.
These Terms and Conditions will be governed by and construed in accordance with the laws of Iceland, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the exclusive jurisdiction of the courts located in Reykjavik, Iceland.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of the Terms and Conditions will continue in full force and effect.
You shall not assign these Terms and Conditions or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall gogoyoko be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms and Conditions constitute the entire agreement between you and gogoyoko with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Any waiver of any provision of these Terms and Conditions by a party will be effective only if in writing and signed by and on behalf of gogoyoko.