As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
Personally Identifiable Information
When you register with us through the Site or Applications, we may ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you (“Personal Information”). Personal Information includes, but is not limited to, your name, username, phone number, credit card and other billing information, email address, shipping address, and your friends’ email addresses (which we will only use in order to invite them to use the Service). We may also collect information you supply to us regarding your personal preferences and interests. You can choose not to provide us with any or all of the information we specify or request, but then you may not be able to register with us or to take advantage of some or all of our features.
Terms of Service
Big APPl Labs (“Big APPl Labs”, “our”, “us” or “we”) provides the services offered by GoNoogie (the “Services”) through our website, accessible at gonoogie.com (the “Site”), and our applications for mobile devices (the “Applications”).
By accessing or using the Site, Applications or Services, or by posting any Content, you acknowledge that you have read, understood and agree to be bound by these Terms. Big APPl Labs reserves the right, at its sole discretion, to modify, discontinue or terminate the Site, Applications or Services or to modify these Terms, at any time and without prior notice.
Key Terms related to Content
- “Content” means text, graphics, images, music, software, audio, video, information or other materials, including the infrastructure used to provide such Content.
- “GoNoogie Content” means all Content that Big APPl Labs makes available through the Site, Applications or Service, including any Content licensed from a third party, but excluding User Posted Content.
- “User” means a person that completes our account registration process, as prompted upon checkout and any User who does not complete the site registration but chooses to fill out services pricing or job inquiry.
- “User Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
- “Site Content” means User Content and GoNoogie Content.
The Site, Applications and Services are intended solely for persons who are 13 or older. Any access to or use of the Site, Applications or Services by anyone under 13 is expressly prohibited. By accessing or using the Site, Applications or Services you represent and warrant that you are 13 or older.
You will not use GoNoogie if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department’s list of Specially Designated Nationals.
The Site, Applications, Services and Site Content are protected by copyright, trademark, and other laws of the United States and foreign countries. To the extent permitted by applicable law, Big APPl Labs owns all right, title and interest in and to the Site, Applications, Services and Site Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Applications, Services or Site Content.
4) General Prohibitions
You agree not to do any of the following, either directly or indirectly:
- Post, upload, publish, submit, provide access to or transmit any Content that:
- i.infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
- ii.violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
- iii.is fraudulent, false, misleading or deceptive.
- iv.is defamatory, obscene, vulgar or offensive, pornographic or contains nudity.
- v.promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.
- vi.is violent or threatening or promotes violence or actions that are threatening to any other person.
- vii.promotes illegal or harmful activities or substances.
- Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Content, software, products, services or other intellectual property obtained from or through this Site, without our express written consent.
- Use, display, mirror or frame the Site or Applications, or any individual element within the Site or Applications, Roughly Polished name, any trademarks, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent.
- Access, tamper with, or use non-public areas of the Site or Applications, our computer systems, or the technical delivery systems of our providers.
- Attempt to probe, scan, or test the vulnerability of any Big APPl Labs system or network or breach any security or authentication measures.
- Avoid, bypass, remove, deactivate, impair or otherwise circumvent any technological measure implemented by Big APPl Labs or any of our providers or any other third party (including another user) to protect the Site, Applications or Site Content.
- Attempt to access, monitor, search, copy, download or scrape the Site, Applications, or Site Content, for any purpose, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like), or through the use of any manual process, other than the tools provided by Big APPl Labs within the Site or by means of generally available third party web browsers, without our express written permission.
- Take any action that is harmful to, inconsistent with or disruptive of the Site or Applications, and/or the beneficial use and enjoyment of the Site by its users, including but not limited to any form of unauthorized automated traffic or scripted scraping, or taking any action that may impose, in our discretion, an unreasonable load on our infrastructure.
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation.
THE SITE, APPLICATIONS, SERVICES AND SITE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BIG APPL LABS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BIG APPL LABS MAKES NO WARRANTY THAT THE SITE, APPLICATIONS, SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BIG APPL LABS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICE OR SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATIONS OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATIONS OR SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATIONS OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATIONS OR SERVICES. YOU UNDERSTAND THAT BIG APPL LABS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE, APPLICATIONS OR SERVICES, NOR DOES BIG APPL LABS MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATIONS OR SERVICES. BIG APPL LABS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATIONS, OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATIONS OR SERVICES.
We take no responsibility and assume no liability for any User Content posted or sent over the Site, Applications or Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you incur or allege to incur as a result of User Content.
You agree to defend, indemnify, and hold Big APPl Labs, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
- i.Your access to or use of the Site, Applications, Services or Site Content,
- ii.Your User Content
- iii.Your violation of these Terms.
7) Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATIONS, SERVICES AND SITE CONTENT REMAINS WITH YOU. NEITHER BIG APPL LABS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATIONS, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATIONS, SERVICES, SITE CONTENT , OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATIONS OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATIONS OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BIG APPL LABS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL BIG APPL LAB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATIONS, SERVICES OR SITE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BIG APPL LABS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The Service is controlled and operated from its facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You represent and warrant you are not located in a country embargoed by the United States or that has been designated by the United States government as a “terrorist-supporting” country, and that you are not a foreign person or entity blocked or denied by the United States government or otherwise listed on any United States government list of prohibited or restricted parties. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
8) How to contact Roughly Polished
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Applications and Services. If you have any questions about these Terms or any questions, complaints or claims with respect to the Applications, please contact us.