The GoMoment.com website (the “Site”) is owned, operated and maintained by Go Moment, Inc., a Delaware corporation (hereafter referred to as, “Go Moment”). We hope you enjoy the site and the products and services that it offers.
By using this Site, you agree to accept the terms and conditions, so please be sure to read them carefully. If you do not agree with our terms and conditions, please do not use our Site. The following terms govern your use of, and purchase of products from our Site.
We may, from time to time, change the terms that govern your use of our Site. Your use of our Site following any such change represents your agreement to follow and be bound by the terms as changed. Additionally, we may change, move, or delete portions of the Site, or add to it from time to time.
Occasionally products or services may not be available or use. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or services or to cancel any order.
All of the content on the Site, including images, illustrations, photographs, video clips and written content that appear as part of this Site (the “Contents”) is owned, controlled or licensed by or on behalf of Go Moment, and/or used with permission pursuant to these Terms that govern the Site. Go Moment is the exclusive copyright owner of the Site as a whole, and the trademarks designated on the Site. Other illustrations, advertisements, videos and other materials pertaining to the Experiences offered on the Site, advertisements and/or licensed content are property of the respective copyright and trademark owners of these images, texts, brands and other materials. The Site and its Contents are intended solely for personal, noncommercial (other than product purchases) use by users of our site. You may download or copy the Contents and other downloadable items on the Site for your personal use only. No rights, interest or title in any downloaded materials is transferred to you as a result of such copying or downloading. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, Go Moment Site (including Content, advertisements, Software on the Site).
User Comments, Feedback And Other Submissions
Any and all comments, feedback, suggestions, ideas or submissions offered to the Site (user “Contributions”) regarding products or the Site itself shall remain the property of Go Moment. User Contributions may be used by Go Moment without limitation; and Go Moment may use, reproduce, distribute and display or discontinue use of such Contributions in its sole discretion, including also use for commercial and promotional purposes. Go Moment is not obligated to maintain any user comments or Contributions in confidence, pay for the use of, or respond to user Contributions.
Go Moment, in operating the Site, uses Secure Socket Layers (SSL) technology to ensure the privacy of your personal information. When you make an online purchase, our advanced security technology encrypts and scrambles your personal data (including your name, delivery and e-mail addresses and credit card numbers). Unless specifically authorized by you, no outside party is able to access or receive any of your personal customer information.
Rules Governing Public Contributions And Interactive Features
- own or have sufficient rights to post your Contributions, on or through the Site;
- will not post Contributions that violate Go Moment or any other person’s privacy rights, publicity rights, copyrights or contract rights;
- have fully complied with any third-party licenses relating to Contributions, agree to pay all royalties, fees and any other monies owing any person by reason of Contributions that you posted to or through the Site;
- will not post Contributions that: (i) are defamatory, damaging, disruptive, unlawful, inaccurate, pornographic, profane, hateful, racially or ethnically offensive, obscene, lewd, threatening, excessively violent, or harassing; (ii) incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; (iii) solicit personal information from anyone under 13; or (iv) exploit anyone in a sexual or violent manner;
- will not post Contributions that contain advertisements or solicit any person to buy or sell products or services
- will not use the Site for any unauthorized purpose, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Site without Go Moment’s express written consent;
- will not post Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Go Moment or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party;
- will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site, including without limitation, hacking into the Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
- will not impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
- will not engage in the unauthorized practice of law or medicine; or any other practice that requires government license or certification.
Grant of License to Us and Purchasers for Contributions
By making a Contribution to the Site, you grant Go Moment and its parent company a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to Go Moment, but not including any Go Moment copyrighted materials, logos, trademarks or recipes), fully-paid, royalty-free (meaning that Go Moment is not required to pay you to use your Contribution), sub-licensable (meaning that Go Moment can sublicense its rights to, for example, third party hosted service providers who host the Site) and worldwide (because the Internet and the Site are global in reach) license to use, modify, create derivative works of, publicly perform, publicly display, reproduce and distribute the Contribution for the purpose of displaying the content on the Site and selling it to Purchasers.
Go Moment will terminate, in appropriate circumstances and in its sole discretion, the access of users who are repeat infringers. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user submission or content on the Site infringes upon your copyrights, you may submit a notification to email@example.com pursuant to the Go Moment Digital Millennium Copyright Act Notice.
Go Moment Digital Millennium Copyright Act Notice
If you believe that content available on or through the Site infringes on one or more of your copyrights, please immediately notify Go Moment’s Copyright Agent at firstname.lastname@example.org providing the information described below. A copy of your Notification will be sent to the person responsible for the material addressed in the Notification.
Please be advised that you may be held liable for damages if you make material misrepresentations pursuant to federal law in a Notification. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.
All Notifications should include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This Site and all contents of the Site are provided on an “as-is” basis without warranties of any kind, either expressed or implied.
Your use of Go Moment Site and software are at your sole risk. The Site is provided on an “as is” and “as available” basis. Go Moment and its affiliated, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, or fitness for a particular purpose.
Go Moment and affiliates, officers, employees, agents, partners and licensors make no warranty that (i) Go Moment will meet your requirements; (ii) Go Moment will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of Go Moment will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through Go Moment will meet your expectations; and (v) any errors in the Go Moment Site will be corrected.
Any material downloaded or otherwise obtained through the use of Go Moment is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Go Moment or through or from Go Moment shall create any warranty not expressly stated in the Terms.
You acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site and that Go Moment shall not be liable for any damages of any kind related to your use of this site
Go Moment may provide links to other internet sites or resources. You acknowledge and agree that Go Moment is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Go Moment shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource, including also any experiences offered on such sites or by such experience providers, vendors or advertisers.
You agree to indemnify and hold Go Moment, its affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Contributions you submit, post, transmit, modify or otherwise make available through Go Moment, your use of the Go Moment Site and/or the Go Moment Services and/or Experiences that you obtain through the Go Moment Site, your connection to the Go Moment Site, your violation of the Terms, or your violation of any rights of another.
Limitation of Liability
You expressly understand and agree that Go Moment and its affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Go Moment has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Go Moment Site or its services; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Go Moment Site or in connection with any of the Services or Experiences offered in connection with Go Moment; or (e) any other matter relating to Go Moment. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
The Terms constitutes the entire agreement between you and Go Moment and governs your use of the Go Moment Services, superseding any prior version of this Terms between you and Go Moment with respect to the Go Moment Services. You also may be subject to additional Terms and conditions that may apply when you use or purchase certain other Go Moment services, affiliate services, third-party content or third-party software.
Choice of Law and Forum
You and Go Moment each agree that the Terms and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms, or the relationship between you and Go Moment, shall be brought exclusively in the courts located in the county of Los Angeles, California or the U.S. District Court for the Central District of California. You and Go Moment agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California or the Central District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms
The failure of Go Moment to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Go Moment Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
For all other inquiries, please contact: support@GoMoment.com
2355 Westwood Blvd. #379
Los Angeles, CA 90016