Last Updated: Novermber 13, 2015
Blue Goji Corp. ("Blue Goji," "we", "us," "our,") provides online and mobile services, including but not limited to, www.bluegoji.com, www.gojiverse.com and other websites and urls (collectively the "Sites"), widgets, computer programs, games and mobile applications hosted by or on behalf of Blue Goji (collectively, the "Services"), as well as the Goji Play game controllers and other electronic products offered by Blue Goji (collectively with the Sites and the Services, the "Blue Goji Products"). These Terms of Service (“Terms”) govern your access to and use of our Services and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR CONTENT, OR BY DOWNLOADING ANY CONTENT FROM OR ON THE SERVICES OR CONTENT, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
We reserve the right, at our sole discretion, to modify, discontinue or terminate the Services or Content or to modify these Terms, at any time and without prior notice. If we modify these Terms we will post the modification on the website. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Services or Content after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services or Content.
If you use the Services or Content, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. Blue Goji and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Blue Goji offers the Services and Content only to adults who can purchase with a credit card. If you are between the ages of 13 and 18, you may use Blue Goji’s Services or Content only with involvement of a parent or guardian. Our Services and Content may not be used by anyone under the age of 13.
In order to access many features of the Services or Content you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Blue Goji immediately of any breach of security or unauthorized use of your account. Although Blue Goji will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Blue Goji or others due to such unauthorized use.
We may need to contact you about your access to or use of the Services. These communications are a required part of the Services and you may not opt-out from receiving them. For other types of communications, you can manage and opt-out from receiving them by contacting us at [email protected]
The Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Services and Content, including all associated intellectual property rights, are the exclusive property of Blue Goji and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Licenses Granted by Blue Goji to Blue Goji Content
Subject to your compliance with the terms and conditions of these Terms, Blue Goji grants you a limited, non-exclusive, non-transferable revocable license to access and view any Content solely for your personal and noncommercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Blue Goji or its licensors, except for the licenses and rights expressly granted in these Terms.
Posting Your own Content on the Services and Your Activities within the Services
Depending upon your subscription level, you may be permitted to post Blue Goji related and other exercise logs and activities, comments, photos and other content (“Your Content”) to the Services. You grant to Blue Goji a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute any of Your Content that you post on or through the Services.
You are responsible for your activities within the Services and Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content, the use and provision of Your Content on the Services and your activities within the Services will not: (a) infringe, misappropriate or violate any third party’s intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to any liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar, offensive or otherwise inappropriate; (e) promote discrimination, racism, hatred, harassment or harm against any individual or group; (f) be threatening, violent or promote actions that are threatening to any individual or group; (g) promote illegal, wrongful or harmful activities; (h) advertise or otherwise promote non-Blue Goji products or services commercially or (h) violate any of the Terms.
You agree not to do any of the following:
- Use, display, mirror or frame the Services or Content, or any individual element within the Services or Content, Blue Goji’s name, any Blue Goji trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Blue Goji’s express written consent;
- Access, tamper with, or use non-public areas of the Services or Content, Blue Goji’s computer systems, or the technical delivery systems of Blue Goji’s providers;
- Attempt to probe, scan, or test the vulnerability of any Blue Goji system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Blue Goji or any of Blue Goji’s providers or any other third party (including another user) to protect the Services or Content;
- Attempt to access or search the Services or Content or download content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Blue Goji or other generally available third party web browsers;
- Send any advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation, whether or not approved or authorized by the recipient;
- Use any meta tags or other hidden text or metadata utilizing a Blue Goji trademark, logo URL or product name without Blue Goji’s express written consent;
- Use the Services or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services or Content;
- Collect or store any personally identifiable information from the Services or Content from other users of the Services or Content without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Blue Goji will have the right to investigate and prosecute violations of any of the Terms to the fullest extent of the law. Blue Goji may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Blue Goji has no obligation to monitor your access to or use of the Services or Content or to review or edit any Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Blue Goji reserves the right, at any time and without prior notice, to remove or disable access to any Content that Blue Goji, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Services.
Health and Safety
Please consult your physician before beginning any exercise program, including using any of our Products or Services. Blue Goji is no responsible for any health problems, personal injury or property damage sustained by or through the use of any of our Products or Services. See our Health and Safety Information which are incorporated by reference into these Terms.
Contests And Giveaways
Blue Goji and our partners may from time to time sponsor contests, giveaways and other promotions. Additional terms and conditions may apply to these contests, giveaways and other promotions, and you will be responsible for reviewing those additional terms and conditions before you participate in those activities.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services or Content (“Feedback”). You may submit Feedback by emailing us at [email protected]. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
The Services may contain links to third-party websites or resources. You acknowledge and agree that Blue Goji is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Blue Goji of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.
Blue Goji reserves the right to revoke your access to and use of the Services or Content at any time, with or without cause.
IF YOU USE ANY BLUE GOJI SERVICE OR CONTENT, YOU DO SO AT YOUR OWN RISK. BLUE GOJI SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BLUE GOJI 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. BLUE GOJI MAKES NO WARRANTY THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BLUE GOJI MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES OR CONTENT, OR THE ACCURACY, TIMELINESS, CORRECTNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES OR ANY OF THE BLUE GOJI PRODUCTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BLUE GOJI OR THROUGH THE SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
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 SERVICES AND CONTENT REMAINS WITH YOU. NEITHER BLUE GOJI NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE 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, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLUE GOJI 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 BLUE GOJI’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED FIVE DOLLARS ($5). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BLUE GOJI 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.
Third-Party Services That You Link With Your Account
Our Services may allow you to link third party websites and services (“Third Party Services”) to your Blue Goji account or the Services. We are not responsible for the products, services or other materials from Third Party Services. You acknowledge you are solely responsible for and assume all risk arising from your use of any Third Party Services, and that Blue Goji has no responsibility or liability for such Third Party Services, including without limits, any information that you link or otherwise provide to Third Party Services.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Blue Goji used herein are trademarks or registered trademarks of Blue Goji. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action related to the Services or Content or these Terms will be the state and federal courts located in Travis County, Texas and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms constitute the entire and exclusive understanding and agreement between Blue Goji and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Blue Goji and you regarding the Services or Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Blue Goji’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Blue Goji may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Blue Goji by posting to the Services or Content. General The failure of Blue Goji to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Blue Goji. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting Blue Goji
If you have any questions about these Terms, please contact Blue Goji at [email protected]
Play and Get Fit!