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A. Introduction
Welcome to GoYoDeo.com (hereafter “GoYoDeo.com” or “Site”). By using the
services of this Site, you are agreeing to the following terms, including those
available by hyperlink (hereafter the “Agreement” or “User Agreement”) with
GoYoDeo Inc. (hereafter “we,” “our,” or “us”).
B. Definitions
1. An Unregistered User is a person who accesses GoYoDeo.com without registering
for an account.
2. A Registered User is a person who signs up for an account with GoYoDeo.com.
C. Acceptance
1. All Users, whether registered or unregistered, accept all terms and
conditions contained in, or linked into, this User Agreement and the Privacy
Policy. It is strongly recommended that, as you read this Agreement, that you
also access and read the linked information.
2. Additionally, a Registered User accepts all terms and conditions contained
in, or linked into, this User Agreement and the Privacy Policy, by registering
for an account on GoYoDeo.com.
3. A Registered User must specifically accept the terms of this User Agreement
and Privacy Policy before accessing their account.
D. Using GoYoDeo.com
1. While using GoYoDeo.com, you will NOT:
a. Post content, items or video in an inappropriate category or areas on the
Site;
b. Violate any laws, or third-party rights;
c. Use the Site if you are suspended from this Site;
d. Interfere with the content, items or videos of other users;
g. Circumvent or manipulate our software or system(s);
h. Post false, inaccurate, misleading, defamatory, or libelous content
(including personal information);
i. Take any action that may undermine the feedback or ratings systems;
j. Transfer your GoYoDeo.com account (including feedback) and Username to
another party without our written consent;
k. Distribute or post spam, chain letters, or pyramid schemes;
l. Distribute viruses or any other technologies that may harm this Site, anyone
using this Site, or GoYoDeo Inc.;
m. Publish content, images, audio or video that are adult in nature or otherwise
not appropriate for minors (individuals under 18 years of age);
n. Linking GoYoDeo.com to or from other sites containing material that is
prohibited under one or more of our policies;
o. Copying, modifying, or distributing content from the Site in violation of the
intellectual property rights of GoYoDeo Inc. or of other Users; or,
p. Harvest or otherwise collect information about users, including email
addresses and/or other contact information, without their consent.
2. As relating to the ability of other Users to access the Site or the integrity
of the information contained therein, you further agree that you will NOT:
a. Use any robot, spider, scraper, or other automated means to access this Site
for any purpose without our express written permission;
b. Take any action that imposes or may impose (at our sole discretion) an
unreasonable or disproportionately large load on the Site infrastructure, or
upon third parties that provide the Site with web hosting, storage,
communications, or other services;
c. Copy, reproduce, modify, create derivative works from, distribute or publicly
display any content (except for your own information) from the Site without our
prior express written consent as well as permission from the appropriate third
party, as applicable;
d. Interfere or attempt to interfere with the proper working of the Site or any
activities conducted on the sites; or
e. Bypass any measures we may take now or in the future to restrict access to
the Site.
3. Unless an exception is noted, Users cannot use certain types of HTML or
JavaScript to manipulate any User’s experience with the Site. The scope of this
rule includes both Advertisements as well as to content contributed by other
Users. Moreover, this includes, but is not limited to, the use of HTML or
JavaScript to:
a. Drop or read a cookie on any GoYoDeo.com web page;
b. Redirect the user from GoYoDeo.com to another page (such as the “replace”
script);
c. Automatically call remote scripts and pages (such as JavaScript includes or
inline-frames);
d. Change registry entries;
e. Write to a User’s hard drive;
f. Load any binary program onto another’s computer (except for Flash content,
and then only with our prior written consent); or,
g. Manipulate what the User sees, either inside or outside of an Advertisement,
within the Site.
E. Abusing GoYoDeo
1. Users may contact us of violations by using the “Ask YoDeo” link, as
available from the home page, or at other locations within the Site.
2. Without limiting other remedies, we may limit, suspend (in whole or in part),
or terminate any account, prohibit access to our website, delay or remove hosted
content, and take technical and/or legal steps to keep users off the Site if we
think that they are creating technical or other problems, creating possible
legal liabilities, or acting inconsistently with the letter or spirit of the
policies contained herein. In addition, we reserve the right to cancel
unconfirmed accounts or accounts that have been inactive for a long time,
including the elimination of any content created and/or uploaded by the User.
3. There are situations where we are compelled to take action immediately
without prior notice to any User. These situations include, but are not limited
to, actions taken in response to a lawful order from a government authority (for
example, a court order or subpoena), situations where the product or service
that is listed or advertised is unlawful on its face, and/or where the continued
posting of the advertisement or listing poses a threat to the health or safety
of others. In such cases, the affected User(s) shall be advised of the removal
and provided a reasonable opportunity to respond.
F. Fees and Services
1. Signing up for an account on GoYoDeo.com is free. We do charge fees for using
other additional services, as found (when made available) in the User Account
Home Page. When you use a service that has a fee, you have an opportunity to
review and accept the fees that you will be charged prior to paying fees or
using these fee-based services.
2. Permanent changes to fees, including the introduction of fees to previously
free services, are effective for existing Registered Users after we provide you
with at least fourteen (14) calendar days notice by posting the changes on the
Site, except as to services on annual terms. In which case, the fee change is
effective upon annual renewal.
3. Temporary changes to fees due to promotional events are effective when we
post the promotional event on the Site.
4. Fees for new services are effective when we post the new service on the Site.
5. To the extent that fees are incurred, such fees are due and payable upon
receipt.
6. If you provide credit card or other payment information, you agree that it
may be used towards automatically renewing your fee-based services until you ask
us to cancel. You agree to update your credit card or other payment information,
as appropriate.
7. You agree that fees are in U.S. dollars and must be paid in U.S. dollars.
G. Content License
1. When you give us content of any kind, you grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through
multiple tiers) right to exercise the copyright, publicity, and database rights
(but no other rights) you have in the content, in any media known now or in the
future.
H. Liability, Generally
1. You agree that you will not hold us responsible for the actions or inactions
of other Users, including (but not limited to) things posted by other Users on
this Site. You acknowledge that this Site is only a venue designed to allow it's
Users the ability to post and stream license-free, royalty-free, personal video
and audio content. We are not involved in, and have no control over, and cannot
guarantee the quality, safety, efficacy, or legality of goods or services
advertised, the truth or accuracy of listings or of feedback entries, the
ability of anyone to competently render a service or to deliver goods in a
timely manner, the ability of buyers to pay for products or services, the
ability of any party to honor a contract, or that a particular transaction can
be successfully completed. You are responsible for conducting any further
investigation and/or due diligence to determine whether a particular company,
seller, or provider will meet your needs, whether (if applicable) that party is
reputable, appropriately licensed, and whether goods and/or services will meet
your specifications and requirements.
2. Operation of this Site may be interfered with by numerous factors outside of
our control. Accordingly, to the extent legally permitted, all implied
warranties, terms, and conditions are hereby excluded. You agree that we shall
not be liable for any loss of money, goodwill, or reputation, or any special,
indirect, or consequential damages arising from your use of this Site. Some
jurisdictions do not allow the disclaimer of warranties or exclusion of damages,
so such disclaimers and exclusions may not apply to you.
3. Notwithstanding the previous paragraph, if we are found to be liable, then
our liability to you or to any third party is limited to the greater of—
a. The total fees paid to us during the twelve (12) calendar months prior to the
action giving rise to the liability, as measured in U.S. currency; and,
b. One Hundred Dollars ($100.00) in U.S. currency.
4. Your agreement not to hold us liable, pursuant to this section, extends not
only to GoYoDeo Inc. itself, but to its officers, directors, agents,
subsidiaries, joint ventures, vendors, and employees.
5. We cannot guarantee that a particular product or service, as displayed on
this Site, will be lawful or economically available in your geographic area. You
are strongly encouraged to check the laws of your area to make sure you will be
able to comply.
6. This Site is not designed for Users residing outside the United States or
Canada. For users outside of these countries, we cannot guarantee that the Site
will meet your purposes or objectives or that it will function correctly in
accepting personal or other information.
I. Release
1. If you have a dispute with one or more one or more Users, you expressly
release us from claims, demands, and damages (actual and consequential) of every
kind and nature, known and unknown, arising out of or in any way connected with
such disputes.
2. Your agreement to release us, pursuant to this section, extends not only to
GoYoDeo Inc. itself, but to its officers, directors, agents, subsidiaries, joint
ventures, vendors, and employees.
J. Privacy
1. Your information will not be sold or rented to third parties for their
marketing purposes without your express consent.
2. Your information will be used only in a manner in accord with our Privacy
Policy. If you object to your information being transferred or used in this
manner, please do not use this Site.
K. Indemnity
1. You shall indemnify and hold us harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third party due to or arising from your
breach of this Agreement, or your violation of any law or the rights of a third
party.
2. Your agreement to release us, pursuant to this section, extends not only to
GoYoDeo Inc. itself, but to its officers, directors, agents, subsidiaries, joint
ventures, vendors, and employees.
L. No Agency
1. You agree that no agency, partnership, joint venture, employee-employer,
franchisee-franchiser, master-servant, or similar relationship is intended or
created by this Agreement, nor in connection with the use of any other of our
other services, whether available now or in the future.
M. Notices
1. Except as explicitly stated otherwise, legal notices shall be served as
follows:
a. GoYoDeo Inc.: GoYoDeo Inc., 1305 Clinton Street, Suite 230, Nashville, TN
37203
b. You:
i. Through the email address you provided during registration.
ii. By postal mail, through the mailing address you provided during
registration.
2. Where email is used, notice shall be deemed given twenty-four hours after
email is sent, unless the sending party is notified that the address is invalid.
3. Where postal mail is used, notice shall be deemed given three (3) business
days after the date of mailing.
N. Resolution of Disputes
1. You and GoYoDeo Inc. agree that we will resolve any claim or controversy,
whether at law or equity, that arises out of this Agreement or our services (a
“Claim”) in accordance with this Section, or as we and you otherwise agree in
writing. If it is not, it shall be considered improperly filed. Should you file
a claim contrary to this Section, we may recover attorneys’ fees and costs up to
Ten Thousand Dollars ($10,000.00), provided that we have notified you in writing
of the improperly filed claim, and you have failed to promptly withdraw the
claim.
2. This Agreement shall be governed in all respects by the laws of the State of
Tennessee as they apply to agreements entered into and performed entirely within
Tennessee between Tennessee residents, without regard to conflict of law
provisions. You agree that any claim or dispute you may have against us must be
resolved by a court located in Davidson County, Tennessee, except as otherwise
agreed by the parties in writing. You agree to submit to the personal
jurisdiction of the courts located in Davidson County, Tennessee, for the
purpose of litigating all such claims or disputes.
O. Amendments to this Agreement
1. We may amend this Agreement at any time by posting the amended terms on this
Site. Except as stated below or elsewhere, all amended terms shall automatically
be effective one (1) calendar day after they are initially posted.
a. Amended terms are effective immediately as to Unregistered Users.
b. Amended terms are also effective at the time of registration as to Users who
newly register for an account at GoYoDeo.com.
2. This agreement may not be otherwise amended.
P. Concluding and Miscellaneous Provisions
1. If any provision if this Agreement is held to be invalid or unenforceable,
such provision shall be struck and the remaining terms and provisions shall be
enforced.
2. In our sole discretion, we may assign this Agreement in accordance with the
Notices section.
3. Section headings are used solely for the convenience of the reader. They
shall not be construed to limit the scope or extent of such section.
4. Our failure to act with respect to a breach by you or others does not waive
our right to act with respect to subsequent or similar breaches. We do not
guarantee that we will take action against all breaches of this Agreement.
5. This Agreement sets forth the entire understanding between us with respect to
the subject matter hereof.
6. The following Sections shall survive any termination of the Agreement:
Fees and Services (with respect to fees owed for our services);
Release;
Content License;
Liability;
Indemnity; and,
Resolution of Disputes.
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