Privacy and Security

Terms of Service

GABOOGIE WEB SITE TERMS OF SERVICE

(last updated June 9, 2011)

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 group 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

For users subscribing to paid Gaboogie services 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 telephone calls, 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.

 

Terms of Use

GABOOGIE WEB SITE TERMS OF USE

(last updated June 9, 2011)

Terms Of Use Agreement

BY VISITING AND USING G’S WEB SITE YOU WILL BE AGREEING TO BE BOUND BY THESE TERMS OF USE (“TOU”). PLEASE READ THEM CAREFULLY AND IF YOU DISAGREE WITH THE TOU, THEN DO NOT USE THIS WEB SITE. Gaboogie reserves the right to post changes to the TOU on our site (the “Web Site”) at any time, and by your continuing to use the Web Site thereafter, you agree to be bound by the new version of the TOU. In these TOU “we ” or “Gaboogie” refer to Gaboogie, and “User” or “you” refer to each visitor to this Web Site.

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.

Downloads

Gaboogie does not guarantee that 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 files.

Links

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.

Privacy

This Web Site may collect personal information from some Users. Because Gaboogie respects the privacy of its Users and their personal information, it has established the Gaboogie Privacy Policy to protect your personal information.

Communications

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.

Subscription Services

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.

General

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.