(last updated May 3, 2007)
Welcome to this Web Site operated by Gaboogie Inc.
If you subscribe to any services offered through this Web Site, you will also be subject to additional terms and conditions (“Terms of Service” or “TOS”) applicable to such services, which will be brought to your attention at the time you subscribe to them.
Web Site Access
We do not guarantee that access to or use of this Web Site will be uninterrupted or error free. Gaboogie shall not be liable for any Web Site feature not being accessible or for any unavailability of its Web Site. The Web Site and its features may be expanded, limited or modified at any time by Gaboogie to meet the needs of its Users, or for technical or other reasons, without advance notice. To access some of the content or features of the Web Site, Users may need to reconfigure, enhance or change the hardware or software in their computer systems.
Web Site Content Limitations
This Web Site is provided on an “AS-IS” basis. Gaboogie shall not be responsible or liable for any errors or omissions in the Web Site content. Some of the information may not be applicable in, or compliant with, the laws or other legal requirements of certain countries. The Web Site content may be modified at any time by us, without advance notice.
License to Use Content
We grant you a limited personal use license to access, download and print reasonable portions of this Web Site content solely for your own personal use in conjunction with Gaboogie’s services, provided that the content is not modified and all proprietary notices and source references are kept intact. Apart from the licensed rights, Users may not reproduce, publish, translate, merge, sell, distribute, modify or create a derivative work of, the Content, or incorporate the Content in any other web site, in whole or in part. You may not frame or utilize framing techniques to enclose any content on this Web Site.
Third Party Content
Any information or content made available on or through this Web Site by Users ( “Third Party Content”) is solely the responsibility of its respective providers and not of Gaboogie which does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. It is the responsibility of each User to evaluate Third Party Content. Gaboogie shall not be liable for any damage or loss caused by Users’ reliance on, or other use of, Third Party Content.
Materials Posted by Users
By posting or submitting any content or materials to the Web Site forums or message boards, you will be granting Gaboogie a world-wide fully paid-up non-exclusive license to allow your content or materials to be edited and displayed by Gaboogie on its Web Site and accessed by Users. You represent that you own or otherwise have the right to post your content or materials, that your content or materials are accurate, that use of your content or materials on the Web Site does not violate any laws, and that your content or materials will not cause injury to any person. You shall indemnify and hold harmless Gaboogie and its Users from any claim or demand made by any third party due to or arising out of your content or materials. Gaboogie shall have the right to use your name in connection with your posted content or materials.
Gaboogie does not guarantee that MP3 or other files available for downloading through its Web Site will be completely free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing your own procedures for integrity, security and accuracy of downloaded MP3 or other files.
As a convenience to Users, the Gaboogie Web Site may provide links to other sites or resources. Because we do not review or have no control over such sites and resources, Gaboogie shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by Gaboogie of the linked sites.
Password Protected Areas
Some areas of the Gaboogie site (“Password Protected Areas”) are password protected and available only to Users who are registered with Gaboogie. Gaboogie reserves the right to deny or revoke registration or access to Password Protected Areas for any User. Gaboogie takes reasonable measures to ensure the security of the Password Protected Areas but cannot guarantee the absolute security of information or communications in such Password Protected Areas. Users are responsible for maintaining the security of the password they receive from Gaboogie and must notify us if they believe that the security of their password or account has been breached or subject to unauthorized use. Gaboogie will not be liable for any loss or liability incurred as a result of any unauthorized use of a User’s password.
When you visit our Web Site or send us email, our responses to your communications will be by e-mail. All agreements, notices and communications that we provide to you by email will satisfy all legal requirements that they be in writing and delivered to you.
Proprietary Rights in the Web Site
The Gaboogie Web Site and its content are protected by copyright, trade mark and other proprietary laws. See our Copyright and Proprietary Rights Notice.
Although Gaboogie offers subscription services in many parts of the world, certain Gaboogie services may not be available in or suitable for some countries or locales. We reserve the right to discontinue or to make changes to any of our services, at any time, in any locale, without advance notice.
DISCLAIMER OF WARRANTIES
GABOOGIE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THIS WEB SITE.
EXCLUSION OF CONSEQUENTIAL DAMAGES
IN NO EVENT WILL GABOOGIE BE LIABLE FOR ANY INCIDENTAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, DIRECT OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE OR ANY OF ITS CONTENT, EVEN IF GABOOGIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.
INAPPLICABILITY OF LIMITATIONS AND DISCLAIMERS
IN JURISDICTIONS THAT DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY, GABOOGIE’S LIABILITY IN SUCH JURISDICTIONS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The TOU (and any applicable TOS) constitute the entire agreement between each User and Gaboogie governing the User’s access to and use of the Web Site and its services, and supersede all prior agreements regarding its subject matter. The TOU shall be governed by the laws of the Province of British Columbia, Canada without giving effect to any principles of conflicts of laws. Each User attorns and agrees to the non-exclusive jurisdiction of the courts of the Province of British Columbia, Canada. The failure by a User or Gaboogie to exercise any right or to enforce any provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid or unenforceable, the court shall give effect to the intentions reflected in the provision to the degree possible, and the other provisions of the TOU will remain in full force and effect. It is the express will of Gaboogie and each User that the TOU have been prepared in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.