Terms and Conditions
1. Acceptance of Terms and Conditions
These Terms and Conditions set forth the terms and conditions that apply to your use of the Gobbl. From time to time, Gobbl may supplement these Terms and Conditions with additional terms pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, and tools ("Additional Terms"), which Additional Terms may be placed on the Gobbl to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms and Conditions. BY USING GOBBL, YOU AGREE TO THESE TERMS AND CONDITIONS JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH GOBBL. If you do not agree to be bound by these Terms and Conditions, please discontinue your use of the Gobbl. Gobbl is provided free of charge to you (unless otherwise indicated). Although portions of the Gobbl may be viewed simply by visiting the relevant web site, in order to access the social networking features and/or receive additional services from Gobbl you need to register as a member of Gobbl. Registering as a member will allow you to access certain services that are not available to guests. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of Gobbl, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
2. Registration Information/Privacy Policy
When you register for Gobbl, you will be required to provide Gobbl with the following information: your name, e-mail address, city, state, zip code, sex, birth date, member name and password.
Any information provided by you or gathered by Gobbl or third parties during any visit to Gobbl shall be subject to the terms of Gobbl's Privacy Policy, which are incorporated herein by reference. Click here if you wish to read Gobbl's Privacy Policy. Gobbl reserves the right to offer third party services and products to you based on the preferences that you identify during the registration process and based on your subsequent preferences.
Gobbl reserves the right to (i) terminate your membership and access to any specific content , services, digital products, products courses or events, and (ii) remove your personal Gobbl website, if Gobbl learns that you have provided Gobbl with false or misleading registration information.
3. Termination
Gobbl reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms and Conditions; and/or (ii) your registration(s) with or ability to access Gobbl and/or any other service, tool, or specific content provided to you by Gobbl, including any personal web site, upon any breach by you of these Terms and Conditions or otherwise.
4. Modifications of these Terms and Conditions
Gobbl may modify these Terms and Conditions from time to time in its sole discretion. Each time you use Gobbl, you will be deemed to have accepted any such changes. Gobbl shall have no obligation to notify you of any such changes other then posting such modifications on Gobbl, but Gobbl reserves the right (at Gobbl's discretion) to provide you notice of such changes to any e-mail address you have provided to Gobbl, or post office address you have provided to Gobbl.
5. Modifications of Gobbl
Gobbl may modify or discontinue Gobbl, any portion thereof, or any services or tools related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
6. Use of Gobbl
A. Content of Messages
You alone are responsible for the content of your messages or any materials you transmit to others, and any consequences of such messages. Please carefully consider the information you choose to post on Gobbl, including, but not limited to, any blog or any comment, profile or email. Do not continue any conversation online that makes you feel uncomfortable. You should not include your telephone number, street address or last name on any area of Gobbl that is accessible to the general public nor provide such personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable. Gobbl assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other users of Gobbl. Gobbl further assumes no responsibility for the deletion of or failure to store e-mail messages.
You further agree that you will not use Gobbl to send emails or instant messages or post on message boards, blogs, profiles, comments or any place on Gobbl, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, (unless within the scope of the topic area of a message board as determined by Gobbl in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on Gobbl. Gobbl reserves the right to delete any such material from Gobbl. Gobbl will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms and Conditions contained in this Section 6.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Gobbl. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use Gobbl to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) content on Gobbl is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms and Conditions and applicable copyright, trademark and other laws govern your use of such content. You may not post to Gobbl, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights. You acknowledge that Gobbl may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any "public area" of Gobbl, including blogs, forums, contests, personal websites, public profiles, or comments you grant Gobbl a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on Gobbl retains any and all Rights that may exist in such content.
Gobbl is not obligated to review content posted by users prior to the content's posting to any area of Gobbl, including any private profile. Content posted by any user to Gobbl does not reflect the opinions or views of Gobbl, its parent, subsidiaries or affiliates. Gobbl makes no warranty, whether express or implied, as to the accuracy of any content or material that you send to other Gobbl members through any Gobbl service.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY BLOG, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON GOBBL, YOU HEREBY EXPRESSLY PERMIT GOBBL TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY GOBBL'S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
B. Non Commercial Use
Gobbl, its services, social networking tools (as more fully described below) and any other element of Gobbl are only for the personal use of visitors and members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or pre-approved by Gobbl in writing. Illegal and/or unauthorized use of Gobbl, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to Gobbl is prohibited. In furtherance thereof, you agree that you will not use Gobbl for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.
Any such use shall be deemed to be a violation of these Terms and Conditions.
C. Gobbl Social Networking
The Gobbl social networking service allows members to create unique personal profiles, communicate and share materials with other Gobbl members through tools, such as email, friend invitations, groups, photograph uploading, blogs, restaurant rating, comments, and other tools and services that may be included from time to time. Use of and membership to the social networking platform is void where prohibited. You must register for the social networking platform in order to use the services contained therein. Your use of the social networking platform is subject to this Terms and Conditions and any Additional Terms. You are solely responsible for your interactions with other users.
7. Member Disputes
You are solely responsible for any interaction with other members or visitors of Gobbl. Gobbl reserves the right but shall have no obligation to monitor disputes between you and any other member of Gobbl.
8. Intrastate Nature of Communications
When you register with Gobbl and/or any service therein, you acknowledge that in using the Gobbl services to send electronic communications, you will be causing communications to be sent through Gobbl's computer networks, portions of which are located in California, New York, Kentucky and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Gobbl's business practices and the nature of electronic communications, communications that seem to be intrastate in nature, may also be the transmission of interstate communications, regardless of where you are physically located when transmitting messages. By virtue of agreeing to this Terms and Conditions and using the Gobbl communication tools, you acknowledge that the use of the services results in interstate data transmissions. You further agree to comply with all applicable local laws regarding the transmission of data exported from the United States or the country in which you reside.
9. Third Party Services
You may order services or merchandise through Gobbl from other persons not affiliated with Gobbl ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Gobbl makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Gobbl nor will Gobbl be construed as a party to such transactions, whether or not Gobbl may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
Gobbl may include special routing icons which may be located within Gobbl, the activation of which will allow you to access and learn more about Gobbl and other services provided by Gobbl whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
10. Registration and Password
You are responsible for maintaining the confidentiality of your information and passwords. You shall be responsible for all uses of your registration and account, whether or not authorized by you. You agree to immediately notify Gobbl of any unauthorized use of your registration or password.
11. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Gobbl infringe your copyright, you (or your agent) may send Gobbl a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Gobbl to locate the material on Gobbl; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) 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; and (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Gobbl a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: info@gobbl.com. Gobbl suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
12. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF GOBBL, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, TOOLS AND PRODUCTS PURCHASED THROUGH GOBBL, IS AT YOUR SOLE RISK. GOBBL IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOBBL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
GOBBL MAKES NO WARRANTY THAT GOBBL WILL MEET YOUR REQUIREMENTS, OR THAT GOBBL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES GOBBL MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF GOBBL. GOBBL WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF GOBBL. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF GOBBL IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT GOBBL DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH GOBBL. GOBBL IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER GOBBL NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN GOBBL, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. GOBBL ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
GOBBL SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN GOBBL, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN GOBBL IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOBBL OR THROUGH GOBBL, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
GOBBL MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH GOBBL OR ANY TRANSACTIONS ENTERED INTO THROUGH GOBBL.
GOBBL IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE GOBBL. AS A CONVENIENCE TO OUR MEMBERS, WE MAY WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH GOBBL MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST GOBBL WITH RESPECT TO SUCH SITES.
BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, GOBBL MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. GOBBL SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON GOBBL, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY GOBBL AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON GOBBL, YOU WAIVE ANY CLAIMS AGAINST GOBBL FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.
13. Limitation of Liability
GOBBL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE GOBBL OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH GOBBL OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF GOBBL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Promotional Messages
Gobbl and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Gobbl makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Gobbl nor such third party shall have any liability with respect thereto.
15. Indemnification
You agree to indemnify and hold each of Gobbl, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Gobbl, the violation of these Terms and Conditions by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
16. Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions. By registering for or entering Gobbl, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York.
17. Remedies for Breach of these Terms by You
In the event that Gobbl determines, in its sole discretion, that you have breached any portion of these Terms and Conditions, or have otherwise demonstrated conduct inappropriate for Gobbl, Gobbl reserves the right to (i) delete any or all content provided by you or your agent(s) to Gobbl; (ii) discontinue your registration(s) with Gobbl and/or any other Gobbl community; (iii) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through Gobbl; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which Gobbl deems to be appropriate.
If your registration(s) with or ability to access Gobbl, any other Gobbl community and/or any other service, product, content, course, event, tool or digital product provided to you by Gobbl is discontinued by Gobbl due to your violation of any portion of these Terms and Conditions or for conduct otherwise inappropriate for the community of Gobbl, then you agree that you shall not attempt to re-register with or access Gobbl, any other Gobbl community and/or any other digital product, course content or service provided by Gobbl, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Gobbl reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), and (v) of this provision without any notice or warning to you.
18. Miscellaneous
In the event that any provision of the Terms and Conditions conflicts with the law under which the Terms and Conditions are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms and Conditions, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms and Conditions will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms and Conditions or to exercise any right under the Terms and Conditions will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Gobbl may assign its rights and obligations under these Terms and Conditions and upon such assignment Gobbl may be relieved of any further obligation hereunder.
You represent to Gobbl that you have the authority to register with or visit Gobbl according to these Terms and Conditions. Gobbl does not encourage, solicit, or permit visitors who are known to be under the age of 18 to become a member of or visit Gobbl.
These Terms and Conditions constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms and Conditions will, at the election of Gobbl, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms and Conditions will remain valid and enforceable.
Gobbl reserves the right to terminate free access to Gobbl including any or all content, services, digital products, products, events, courses or tools with or without notice to you. Gobbl reserves the right (at Gobbl's discretion) to provide you with notice of such change by prominently posting a notice on Gobbl and/or sending written notice to you at any e-mail and/or post office address you have provided to Gobbl. Once free access is terminated Gobbl may charge each subscriber any applicable fee, surcharge and/or membership fee for access to Gobbl and/or any services, digital products, products, events, tools or products.
Please address all further questions regarding the Terms and Conditions to legal@gobbl.com.
