Terms of Service Agreement - Razor GoMojo

Governing the Web site at www.gomojo.net
Operated by Razor Binaries Ltd
The end user ("you") must agree to this terms of service agreement ("these terms of service") to use Razor GoMojo and any connected services offered by Razor Binaries Ltd ("us"). By using Razor GoMojo you are confirming your acceptance and agreeing to be bound by these terms of service.


1. Scope

Razor GoMojo is an independent music platform and a set of tools for music fans operated by Razor Binaries Ltd and hosted on the domain www.gomojo.net ("the GoMojo Web site").


2. Restrictions on Use

Razor Binaries Ltd provides Razor GoMojo to you "as is" and does not give any warranty, expressed or implied, for quality, accuracy of any content, functionality or fitness for purpose.

Any restrictions on data storage and available features for any valid GoMojo Web account type are subject to change at any time without prior notice.

You may: (i) Use the GoMojo Web site as a non-registered user to access features including product search, gig search, artist search and viewing of profiles by registered users. Your use of the GoMojo Web site will be subject to our privacy policy available to view at www.razorbinaries.com/privacy.html. As a non-registered user you will not be required to submit any personal information unless you submit feedback, request support or make a purchase from the GoMojo Shop. (ii) Use the GoMojo Web site as a registered user to access all features available to non-registered users and in addition get access to a personal profile page, limited storage of GoMojo Web personal settings on your account and the ability to request for public data in the GoMojo database to be added or edited unless this feature is disabled or withdrawn.

You may not: (i) Reverse engineer or use any other means to derive, modify or build upon the source code or architecture of Razor GoMojo (only exceptions for modifying and building upon are portions of source code covered by open source license agreements, for which source code must be obtained from the official source). (ii) Change, bypass, remove, deactivate or in any other way circumvent any of the software or user account protection mechanisms on the GoMojo Web site (iii) Attempt to enable or use any features on the GoMojo Web site for which you do not have a valid account, including but not limited to making unauthorised changes to any data, whether user data or public data, in the GoMojo database (iv) Translate or reproduce the GoMojo Web site in any other format or language on any server anywhere. (v) Sell, rent, lease, sublicense, or otherwise transfer rights to your usage of the GoMojo Web site (vi) Obtain paid for GoMojo Web account status from any source other than Razor Binaries Ltd. (vi) Attempt to automate any functionality on the GoMojo Web site or any connected service intended for operation through manual interaction. (vii) Use the GoMojo Web site to intentionally perform activities that violate the terms of service for any of the third party connected sites and services linked from or integrated with the GoMojo Web site. (viii) Use the GoMojo Web site to connect to any Internet site or service other than those sites and services which are explicitly supported. (ix) Use any client software not authorised by Razor Binaries Ltd to connect to and attempt to exchange data with any GoMojo Web service. (x) Deep link to any script whatsoever that processes HTTP-POST parameters or any script that processes HTTP-GET parameters and does not output HTML intended for full page display. The only exceptions are deep links published as such by Razor Binaries Ltd on the GoMojo Web site. (xi) Modify and/or use within any other context any HTML, script source, style sheets, graphics or any other elements of the GoMojo Web site without explicit written permission from Razor Binaries Ltd.


3. User Submitted Data

As a registered GoMojo Web user you have the privilege of creating your own public profile with your own profile text. Furthermore you have the ability to submit data to be shared publicly through the GoMojo Web site. All forms of user submitted data, including but not limited to your profile text, shall be governed by the same terms and conditions, which you agree to abide by.

You acknowledge that all content submitted through your GoMojo Web account by yourself or by any individual who has been given access to your account, is your sole responsibility. Razor Binaries Ltd ("we") shall not be held responsible in any way whatsoever for any offence or breach of copyright caused by content submitted through your account. Neither shall we be held responsible in any way or accept any liability whatsoever for the consequences of any other user following any advice or links posted by you. We make no warranty about the accuracy of any information posted by users (including users who are employees of Razor Binaries Ltd), including information which has been approved for publishing by an administrator. Such approval shall in no way be considered as an endorsement of the submitted information or as any guarantee of its accuracy.

Your GoMojo Web account is protected by a password selected by yourself. It is your responsibility to ensure that your password remains secret and we recommend that you change it regularly. We shall not be held responsible for or accept any liability for content submitted through your account or any changes made to your account by any individual who has gained access to your account against your will.

User profile text must be plain text only. No HTML or scripting is allowed without explicit written permission from Razor Binaries Ltd. With the exception of user profile text and data fields clearly designated for Web links (such as URLs of fan sites and feeds), no URLs must be submitted as part of any data field.

Submitting unlawful, threatening, defamatory, abusive, sexually explicit or racist comments as part of any type of data, whether in the form of text or images, is strictly prohibited and shall lead to immediate suspension of your GoMojo Web account.

Any type of commercial advertising or the endorsement of any service for financial gain is strictly prohibited in all user submitted data and shall result in account termination. Any commercial organisation wishing to be represented on GoMojo Web should contact us to discuss your requirements.

In choosing your GoMojo Web account user name and display name you agree not to infringe on any trademarks or attempt to pass off as any other entity or individual. You agree not to imitate any person or entity or to falsely claim an affiliation with any person or entity. Furthermore your user name and display name must not be the term for a music genre, although modified versions of such terms are acceptable. For example "Pop" is not acceptable, while "PopGirl" is. We reserve the right to refuse your continued use of a registered user name or display name if we deem the user name or display name to be in violation of these terms of service or in any other way inappropriate or misleading and will not enter into any discussion.

You acknowledge that by using Razor GoMojo and any connected services, you may be exposed to offensive or indecent content. Under no circumstances shall Razor Binaries Ltd be liable in any way for any consequences whatsoever of your viewing such content.

By submitting any type of content to the GoMojo Web site, you grant Razor Binaries Ltd and its affiliates and licensees the right to use, reproduce, display and modify the content in any form, anywhere and for any purpose. Additionally you grant other users the right to use, reproduce, display and modify any content that is submitted as a public community contribution under the restrictions of these terms of service. This excludes your profile text.

If you send any comment or creative suggestions, including ideas and drawings, such submissions shall be deemed and shall remain the property of Razor Binaries Ltd. We shall not be liable for any use or disclosure of such submissions and we shall be entitled to use such submissions for any purpose whatsoever, commercial or otherwise. Any compensation to the provider of such submissions shall be at our absolute discretion and we shall be under no obligation whatsoever to provide any such compensation.


4. Indemnification

You agree to indemnify Razor Binaries Ltd, its agents, affiliates and licensors, and hold us harmless against all and any loss, damages, costs, liabilities, claims, demands and expenses (including but not limited to all legal fees), directly or indirectly relating to any claim made against us by a third party in respect of your use of the GoMojo Web site or in connection with these terms of service, except where it is caused by our breach of contract. You additionally agree to hold us harmless against any claim that your use of the GoMojo Web site has violated any right of any third party or any law.


5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RAZOR BINARIES LTD, ITS EMPLOYEES, DISTRIBUTORS, LICENSORS OR AGENTS BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THESE TERMS OF SERVICE OR THE USE OF THE GOMOJO WEB SITE (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA AND COMPUTER HARDWARE OR SOFTWARE FAILURE OR MALFUNCTION OF ANY KIND). OUR TOTAL LIABILITY TO YOU FOR ANY REASON WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE USAGE OF THE GOMOJO WEB SITE FOR THE PERIOD IN WHICH THE LIABILITY ARISES. YOU AGREE THAT ANY GOMOJO WEB ACCOUNT FEE PAID BY YOU HAS BEEN AGREED BY US BASED IN PART ON THE FOREGOING LIMITATION OF LIABILITY.

Furthermore:

a) Razor Binaries Ltd will not be held responsible or liable for damage of any sort caused by content of any format acquired by you directly or indirectly through the use of the GoMojo Web site.

b) Razor Binaries Ltd will not be held responsible or liable for any transactions or contracts between you and any third party, the services of which you accessed directly or indirectly though the use of the GoMojo Web site.

c) Razor Binaries Ltd will not be held responsible or liable for damage of any sort caused by any material in any format submitted by you directly or indirectly through the use of the GoMojo Web site.


6. Termination

Should you at any time disagree with these terms of service, your only remedy shall be to stop using the GoMojo Web site.


7. Privacy

The privacy of your data and interaction with the GoMojo Web site shall be governed by our privacy policy available to view at www.razorbinaries.com/privacy.html. Parameters resulting from user interaction on the GoMojo Web site, including but not limited to product and information search parameters, may be logged for internal processing, but such data shall not be made available to any third party.


8. General

a) Razor Binaries Ltd reserves the right to assign, subcontract or transfer any or all of its rights and obligations under these terms of service at any time. You may not assign, subcontract or transfer any of your rights or obligations under these terms of service without explicit written permission from Razor Binaries Ltd.

b) If any provision or term of these terms of service should become or be declared illegal or unenforceable, such provision or term shall be modified to make it enforceable without losing its intent, or at the discretion of Razor Binaries Ltd, be removed from these terms of service. Regardless, all other provisions and terms of these terms of service shall remain in force.

c) Razor Binaries Ltd reserves the right to change or add to these terms of service at any time, and to modify, remove or impose conditions on any feature or function on the GoMojo Web site, or any connected services. Your continued use of the GoMojo Web site will indicate your agreement to any such change. The latest version of the terms of service for the GoMojo Web site are available to view at www.razorbinaries.com/webtos.html.

d) Any users found to be in breach of these terms of service will have their accounts suspended immediately. Reactivation of an account and retrieval of any data from the account shall be at our absolute discretion.


9. Copyright

The GoMojo Web site is protected by copyright and other intellectual property laws. You acknowledge Razor Binaries Ltd’s ownership and intellectual property rights of the GoMojo Web site and you will take no action whatsoever to infringe them.

Razor GoMojo is copyright 2005-2015 by Razor Binaries Ltd. All rights reserved.


10. Trademarks

You acknowledge the ownership of all trademarks used on the GoMojo Web site.

"Razor Binaries", the Razor Binaries logo, "GoMojo", "Razor GoMojo", "GoMojo Basement", "the cyber gadget for the music fan", "music fans take control" and the Razor GoMojo logo are trademarks of Razor Binaries Ltd.

All other product or brand names are either registered trademarks or trademarks of their respective owners.

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