Terms of Service

GABOOGIE WEB SITE TERMS OF SERVICE
(last updated May 3, 2007)

Terms of Service Agreement

BY CLICKING THE “I AGREE” BUTTON YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE (“TOS” OR “THIS AGREEMENT”) TO USE THE GABOOGIE SERVICES WHICH YOU REGISTERED FOR. THESE TOS ALSO INCLUDE THE TERMS OF USE (“TOU”) FOUND ON THE GABOOGIE WEB SITE WHICH APPLY TO ALL OUR WEB SITE VISITORS. PLEASE READ THEM CAREFULLY AND IF YOU DISAGREE WITH THE TOS, THEN DO NOT SUBSCRIBE FOR OR USE THE SERVICES.

The TOS apply whether you use the free Gaboogie services or the services for which Gaboogie charges fees. Gaboogie reserves the right to maker changes to the TOS by posting them on this Web Site or by sending them to you by email at any time. By your continuing to use the Service thereafter you agree to be bound by the new version of the TOS. In these TOS “we” or “Gaboogie” refer to Gaboogie Canada Inc., and “Subscriber” or “you” refer to each registered subscriber for the Services.

Subscription

At the time of subscribing for the Services, you will provide us with accurate and complete registration information and advise us promptly of any changes. If you do not, we will have the right to immediately terminate your subscription and use of the Services..

Services

Gaboogie will provide the Services in accordance with this Agreement. Services may include the Gaboogie conference calling service, and/or other audio, video and web communications services provided by Gaboogie, for which you subscribed (collectively the “Services”). Gaboogie may at its sole discretion modify the features of the Services from time to time without prior notice.

Minors

We do not provide Services to minors.  If you are under 18 you may only use Services through a parent, guardian or other supervising adult who subscribes for the Services.

Responsibility For Your Communications

You are solely responsible for the content of all visual, written or audible communications sent though the Services by you or in Gaboogie meetings hosted by you. You agree not to use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, infringing the rights of any party, or is otherwise unlawful under any applicable law or regulation. Although Gaboogie is not responsible for monitoring, editing or removing any such communications, Gaboogie may at its discretion delete or terminate any such communications of which Gaboogie becomes aware at any time, without notice to you.

Security

When you register, you will receive a user name and password which we may assign or allow you to select. You may not select a user name which violates anyone's rights, or one we consider in our sole discretion to be offensive or inappropriate. If you do, we will have the right to modify or delete it. You will not give out your user names and/or passwords to any other person. We reserve the right to cancel your subscription, without refund, if we discover that your subscription account is being used by non-registered persons, or if your username/password has been given to any other person.

Charges

Gaboogie may charge to your credit card or other payment mechanism selected by you and approved by Gaboogie (“your Account”) all amounts due and owing for the Services, including Service fees, subscription fees, overage fees, conferencing fees, or any other fee or charge associated with your use of the Services. Gaboogie may change prices at any time without prior notice. In the event Gaboogie is unable to collect the fees owed to Gaboogie for the Services through your Account, Gaboogie may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by Gaboogie in connection with such collection activity. Gaboogie may collect interest at the lesser of 1.5% per month (18% per annum) or the highest amount permitted by law, on any amounts not paid when due. Gaboogie also reserves the right to charge and collect from you any taxes applicable to the Services.

Services Use Restrictions

You may use the Services solely for conferences or meetings in which you are an active participant, for your own business or personal purposes only. You may not resell, distribute, make any commercial use of, use on a timeshare or service bureau basis, or otherwise generate income from the Services. You shall not use the Services in any manner that could damage, disable, impair or otherwise interfere with the web sites, Services, or any networks or security systems used to provide the Services.

Proprietary Rights in the Services

Gaboogie and/or or its affiliates or licensors, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, modify or obscure any of Gaboogie's or its suppliers' copyright or trademark notices or other proprietary notices associated with the Services.

Access to Services

We do not guarantee that access to or use of the Services will always be uninterrupted or error free. Certain features of the Service may be discontinued, expanded, limited or modified at any time by us to meet the needs of our subscribers, or for technical or other reasons, without advance notice or reason. Your sole and exclusive remedy for any unavailability of the Services shall be for Gaboogie to use commercially reasonable efforts to correct such Services unavailability or to credit your Account for the unavailable Services.

Termination

You may terminate this Agreement by providing written notice to Gaboogie by email to [email protected] Such termination will be effective on the last day of the term of the Services, subject to your having given us at least 30 days prior written notice.

If you fail to comply with any of the TOS, Gaboogie may terminate this Agreement and cancel your subscription immediately without 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 SERVICES.

EXCLUSION OF CONSEQUENTIAL DAMAGES

IN NO EVENT WILL GABOOGIE BE LIABLE FOR ANY INCIDENTAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, 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.

DAMAGES LIMITATION

IN THE EVENT THAT GABOOGIE IS FOUND TO BE LIABLE TO YOU FOR DAMAGES RELATING IN ANY WAY WHATSOEVER TO THE SERVICES, THE LIABILITY OF GABOOGIE WILL BE LIMITED TO THE AMOUNT THAT YOU HAVE PAID FOR THE SERVICES IN THE 6 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE DAMAGES.

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.

Assignment

This Agreement is personal to each Subscriber, and Subscribers may not assign this Agreement, or any of the TOS to anyone, and any such assignment without our consent shall be null and void. Gaboogie shall have the right to assign this Agreement to a subsidiary or other affiliate.

General

The TOS (including the TOU) constitute the entire agreement between each Subscriber and Gaboogie governing the Subscriber’s use of the Services, and supersede all prior agreements regarding its subject matter. The TOS shall be governed by the laws of the Province of British Columbia, Canada without giving effect to any principles of conflicts of laws. Each Subscriber attorns and agrees to the non-exclusive jurisdiction of the courts of the Province of British Columbia, Canada. The failure by a Subscriber or Gaboogie to exercise any right or to enforce any provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS will remain in full force and effect. It is the express will of Gaboogie and each Subscriber that the TOS 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.

 

FAQ’s

  • How do I use Gaboogie?
  • Just visit gaboogie.com, click Get Started! and follow the simple steps. There’s no complicated registration process and you should be able to create your first call in minutes.
  • Do I have to become a Gaboogie member?
  • You’ll automatically become a Gaboogie member when you book your first Gaboogie Conference.