Gokode Terms of Service

Welcome to Gokode, a service provided by Gokode, LLC. The Gokode Terms of Service (“Terms”) concern and govern your access to and use of Gokode’s websites and services (“Services”), and any information, images, or materials uploaded, downloaded, or appearing on the Services (all referred to as “Content”). Your access to and use of Gokode’s Services is conditioned on your acceptance of and compliance with these Terms. You must first agree to the Terms in order to use the Services. Please do not use the Services if you do not accept the Terms. Use of the Services indicates you accept the Terms.

Mobile Terms and Conditions

Gokode employs a standard rate one-off SMS service which allows users to opt-in to receive an alert about Gokode. Users will see the CTA at www.gokode.com. CTA will instruct users to text [GOKODE411] to 465633 to receive an alert from Gokode. Program is a standard rate one-off service. Message and data rates may apply.

You will not receive any unsolicited messages from this short code.

To receive information about the service from your cellular phone you can text HELP to 465633 or email supportgokode.com, or call 1-877-336-0277.

Opt-Out: You can cancel your receipt of the service by sending STOP, QUIT, END, CANCEL, UNSUBSCRIBE, STOP ALL to any text message you receive or to the short code 465633 Message and data rates may apply according to your specific cellular plan or prepaid conditions.

- Available for the following carriers in the US: AT&T, Boost Mobile, CellCom, Cellular One, Cellular South, Cincinnati Bell, nTelos, Nextel, Sprint, T-Mobile, US Cellular, Verizon Wireless, Virgin Mobile

General

Gokode retains the right to limit use and storage of Content at our sole discretion at any time without prior notice. Gokode retains the right to limit access to the Services or use of the Services at our sole discretion at any time without prior notice. Gokode may modify Content to adapt it to requirements of our networks, or services. Gokode is not liable for any harm to your computer, property, or data, or any other harm that results from your use of the Services, or Content. Gokode reserves the right to determine whether Content user activity violates these Terms of Service for reasons other than copyright infringement. Gokode may remove Content and/or terminate a user account for violation of these Terms of Service at any time, without prior notice and at its sole discretion.

If you opt-in to the Services, Gokode retains the right to provide you with notices and administrative Content as part of the Services. Opted-in users can opt-out of most notices and administrative Content; however Gokode has the right to send such messages (particularly critical ones) to all opted-in users.

Gokode retains ownership of all proprietary rights and interest in and to the Services and in all trade names and trademarks associated or displayed with the Services. You agree not remove, deface or obscure Gokode’s copyright, trademark or other proprietary marks, logos, distinctive features and notices, and nothing in the Terms gives you a right to use Gokode’s copyright, trademark or other proprietary marks, logos, distinctive features and notices.

The Gokode websites, Service and Content may contain links to third party websites that are not owned or controlled by Gokode. We have no control over and assume no responsibility for the content or practices of third party websites. By using the Gokode websites or Service, you agree to relieve Gokode from any and all liability arising from your use of third party websites. Gokode does not permit copyright infringing activities and infringement of intellectual property rights on its websites or in Content, and will remove all such Content if properly notified that such Content infringes on another's intellectual property rights.

Gokode is controlled and offered from within the United States of America, and makes no representations that its websites, Content, or Services are appropriate or available for use in other locations.

You acknowledge and affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms and comply with these Terms of Service.

These Terms have been prepared in the English language and the English version shall be controlling in all respects. Any non-English version of these Terms is solely for accommodation purposes. If any provision of these Terms is held to be invalid and/or unenforceable, the remaining provisions of these Terms will remain in effect. If Gokode fails to enforce any provision of these Terms, it will not be deemed a waiver of such provision.

Advertisements

All of the Services may include advertisements. By agreeing to the Terms, you acknowledge that Gokode and its third party partners may place advertising on the Services and within or attached to Content, including Content you provide.

User Accounts and Passwords

Please use passwords that use a combination of letters, symbols and numbers for your Gokode account(s). You are responsible for safeguarding all passwords that you use to access Gokode and the Service. You must notify Gokode immediately of any unauthorized use of your account. Gokode is not liable for any loss or damage that results from a compromised password; however you may be liable for the losses of Gokode or others due to such unauthorized use.

Content

You are solely responsible for your use of the Services, and for any Content you post to the Services, and for any consequences resulting from Content you post. By posting Content, you are granting permission to Gokode and others to access it and to use it in connection with the Services, including collaboration with third party services. Your Content may be shared and distributed Gokode and our partners. By using the Services, you acknowledge and affirm that you have the full right, authority and power required to grant the rights granted herein to any Content you submit. If you do not have the right to submit Content for this use, it may subject you to liability. Your use of a license in connection with Content does not affect Gokode’s right to access and use it in connection with the Services or in collaboration with third party services. Gokode is not responsible for how third parties access or use Content and is not obligated to disable or restrict this access. You can restrict the availability of some Content by marking it private. However, all Content you post may be able to be viewed by other users of the Services and possibly third party services. Please, only post Content to the Services that you are willing to share with others under these Terms. Consider all Content to be publicly available. Gokode supports and promotes the sharing, use and re-use of Content.

All Content is the sole responsibility of the person who posted the Content. Thus, you are solely responsible for all Content you make available to the Service via any means. Gokode does not scrutinize, manage, or control Content. Gokode does not guarantee the accuracy, completeness or reliability of any Content, or endorse, support or represent any opinions expressed in Content. Under no circumstances will Gokode be liable in any way for any Content, including, but not limited to, errors in the Content, loss of the Content, delivery of Content, or how the Content is used. You assume all risk for all use of Content or Services or reliance on the Content or the Services.

You own your content, and you retain your rights to all Content you make available to the Services. However, by making Content available to the Services, you grant Gokode a non-exclusive, worldwide royalty-free license to use, copy, display, process, modify, publish, broadcast, transmit, exhibit and print such Content in any and all media, and to distribute it by all distribution methods. You also grant Gokode the right to sublicense your Content for the same purposes. These licenses granted by you are perpetual and irrevocable.

Gokode does not assume responsibility for and is not liable for the Content posted by its users. The Service may send you Content that you or other persons might find inappropriate or offensive. Gokode does not guarantee that Content will not be objectionable, inappropriate or offensive. If you find Gokode Content to be in any way objectionable, you agree that your only recourse is to stop using the Service. The Service only sends Content in response to direct queries or to opted-in users that have subscribed to the Service. Gokode can remove any Content at any time at its sole discretion. If Content is in violation with, but not limited to, the following terms, it will be Gokode’s sole discretion as to what action should be taken, which may including suspension or termination of user accounts. You may only display Content obtained through the Service for your personal, non-commercial use. Please contact us if you are uncertain whether your intended use of the Service or Content is permissible.

By using the Service, you agree not to make available Content that: is threatening, unlawful, abusive, harmful, harassing, defamatory, libelous, hateful, or otherwise objectionable; encourages others to commit illegal acts; is harmful to minors; falsely impersonates a person or entity; falsely misrepresents your affiliation with a person or entity; allows use of the Services by others in a way that violates these Terms; interferes with or disrupts the Services or violates policies or regulations of networks connected to the Services; infringes patent, trademark, copyright or other proprietary rights of any party; violates any applicable local, state, national or international law; makes available Content that you do not have a right to make available due to contractual or fiduciary relationships; includes identifying or personal information about another person without that person's explicit permission; advertises services or the sale of items which are prohibited by any applicable law. By using the Services, you agree to waive any legal or equitable rights or remedies you have or may have against Gokode with respect thereto, and agree to indemnify and hold Gokode, its owners and operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the websites, Content and the Services.

Gokode Squatting

Creating Gokodes for purposes other than good faith personal or business use is a violation of Gokode Terms of Service. Selling Gokodes or a Gokode account violates these Terms. Gokode squatting is a violation of these Terms. Gokode squatting is registering, trafficking in, or using a Gokode with bad faith intent to profit from the goodwill of a trademark belonging to someone else, and/or creating Gokodes with the purpose of preventing others to create that Gokode. Some factors that we look at in regards to squatting include, but are not limited to: number of accounts created, number of Gokodes created under one or more accounts, inserting third party content into Gokodes using the names of third parties in order to maintain account, creating accounts for the purpose of selling to third parties, Lack of content or inactivity of accounts, violations of trademarks, impersonation of organizations or individuals with the intent to deceive consumers of content into believing that content is from said organization/person. Gokode reserves the right to suspend or terminate any account used for squatting, and/or to terminate individual Gokodes, and Gokode is the sole entity that may make this determination.

Copyright

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing: 1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; 4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; 5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Limitation of Liability

IN NO EVENT SHALL GOKODE AND ITS OFFICERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHATSOEVER INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR PERSONAL INJURY OR PROPERTY DAMAGE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES (IV) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; AND (V) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GOKODE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT GOKODE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE GOKODE WEBSITES AND SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GOKODE, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GOKODE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES' OR SERVICES CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE OR SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE OR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE, CONTENT OR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE GOKODE WEBSITE OR SERVICE. GOKODE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GOKODE WEBSITE, CONTENT, OR SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING, AND GOKODE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Effective Date: March 12, 2010.