goinon branded name

Terms of Service

GoinOn Terms of Service

Effective: April 1, 2020

Welcome to GoinOn’s Terms of Service Agreement. When creating a GoinOn account, you agree to these Terms of Service. This document outlines the “Terms” that dictate the relationship we have as a service provider with you, the user. Please read these terms carefully as they represent a legally binding contract between the user (you) and GoinOn, LLC.

To start, it must be understood that by using any product created, owned, and operated by GoinOn, LLC that links to these Terms, you therefore agree to these Terms of Service. If you do not agree with these Terms, then please refrain from using the products and services.

Below we will outline how these Terms relate the the GoinOn products and services (the Service)

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. THIS MEANS THAT YOU AND GOINON LLC AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND GOINON LLC WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

PLEASE READ ALL TERMS BELOW THOROUGHLY AND CAREFULLY

Definitions:

The Service: the service that GoinOn provides to you through any and all of our products, applications, websites, features, partnerships, technology and software.

The User: Presumably you - someone who has signed up and created a GoinOn account and intends to use their account to participate in our Service.

The Content: Any form of content (media, writing, actions you take - including but not limited to photos, videos, links, comments, captions, likes, etc) that the User shares while using the Service.

GoinOn Service Agreement

GoinOn offers a Service to our users through all and any products and services we provide at GoinOn LLC. This is inclusive of our mobile applications and products, websites, features within our apps and websites, technology and software. By offering these services, we agree to uphold our part of this agreement. In return, we expect that you agree to uphold your part of the agreement, as outlined by the Terms below.

GoinOn Agrees to…

  1. Provide means of communication, self expression and digital discovery through our products for our users

    GoinOn is a communication company. Our goal is to provide products, services and features that enhance communication, whether that be digital or non digital, across all types of people. From groups of friends, to families, to strangers with similar interests - we work hard to make our products work for you and your lifestyle.

  2. Further enhance products and services through research and development

    GoinOn is constantly striving to provide the best user experience for the user of our Service. In order to do so, we analyze user data, behavioral trends both within our Services and in the greater world, and user feedback to make decisions and improvements that drive our Service and technology forward.

  3. Store user data safely and securely

    Part of our Service is storing different types of user data. We store data on server instances owned by GoinOn LLC, and operated by third parties in the USA. While we make sure we store data as securely as possible, we are not responsible for data breaches that involve our user’s data as a result of incidents directly related to our third party web services and server providers. To learn more about what data we collect and store, and the rights you have as a user, please refer to our Privacy Policy.

  4. Reserve the right to remove Content that violates our Terms of Service

    Objectionable and abusive content will not be tolerated on any Services provided by GoinOn. GoinOn reserves the right to remove Content and user that violates our Terms of Service - this is including but not limited to:

    • Content that violates copyright infringement or trademark law or other intellectual property misappropriation
    • Content that is inappropriate and abusive in nature and is deemed harassment, bullying, spamming, or soliciting
    • Content that promotes false information, misinformation, conspiracy theories, violent threats, hate speech, slurs, slander, or the idea of ‘free speech’ under false pretenses.
    • Profiles and Content that exhibit impersonation

  5. Reserve the right to remove individuals and users from our platform who break our Terms of Service Agreement or who violate our community code of conduct

    We reserve the right to remove users from our products and Services who fail to uphold this agreement. We reserve the right to remove users with no warning. Depending on the offense, users may be banned indefinitely from the Services without warning.

The GoinOn team will address reported content within 24 hours of being flagged and take proper steps to ensure the appropriate actions have been taken.

User Agreement

As a user, by creating a GoinOn account, you agree to these Terms set forth below. Now that you understand our half of the agreement, it’s time to outline yours.

You (the user) agree to abide by the requirements of...

  1. Who can use the Service
    • You must be at least 13 years of age to user the GoinOn Service
    • You must not have been previously banned from the Services due to a legal violation of our services
    • You must not be a convicted sex offender
    • You must have accepted these Terms of Service
  2. How you can use the Service
    • You must agree that you will not abuse our products and services, nor use them to promote, enable or engage in the abuse of others.
    • You must agree that you will not use the Services to promote or spread false information, misinformation, or information that could be perceived as violent or threatening.
    • You are responsible for the integrity of the Content that is shared, submitted and displayed from your account.
    • You retain the rights to the Content you submit, post, share, display and send through the Service. However by submitting, posting, sharing, displaying and sending Content on or through the Service, you grant us (GoinOn) a worldwide, transferable, sub-licensable, royalty-free, non-exclusive license to process, use, copy, manipulate, analyze, transfer, store, modify, publish, display and distribute that Content by any technologies or means that exist now or are later developed. You may end this license by deleting your Content, however in some scenarios, the Content may still be displayed to other users of the Service.
    • You agree not share, post or distribute Content that violates copyright infringement law or trademark law. You agree to obtain permission to post such Content from the copyright owners in advance of sharing, submitting or posting.
    • You agree not to post, share or distribute Content that compromises someone else’s personal security, safety or privacy.
    • You agree not to share your password
    • You agree not to create accounts that spam, solicit or impersonate another user or person
    • You will not buy, sell, lease, rent or auction your profiles and information as it relates to the Service
    • You will not use GoinOn or the Services as a template for future works or projects done by yourself or a group you are associated with. By using GoinOn, and all associated Services, you agree to not copy or infringe on any design or technical detail or functionality from GoinOn.

Other Rights We Retain

  1. We retain the right to change your username if it infringes on someone’s copyright or trademark
  2. You may not deface or use GoinOn logos, pictures of GoinOn products and services, or the GoinOn name in any sort of inappropriate way. Your usage must also follow our brand guidelines.
  3. You must not attempt to create derivative works of, or otherwise attempt to extract source code from us.
  4. We are not responsible or liable for other’s actions against you, whether offline or online.
  5. We are not responsible for goods, services, and Content that others share and distribute that you may find offensive (but still within our Terms).
  6. We are not responsible for the impact another’s Content may have on you or your businesses entity (such impact to reputation, revenue, etc.)
  7. We reserve the right to warn other users of false information or news that has been spread to them.
  8. We reserve the right to update and change these Terms of Service at any time without advance notice.

Arbitration Clause, Class Action Waiver and Jury Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND GoinOn, LLC TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

  1. Applicability of Arbitration Agreement. You and GoinOn, LLC agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and GoinOn, LLC are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms.
  2. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction
  3. Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
  4. Fees. If you choose to arbitrate with GoinOn, LLC, you will not have to pay any fees to do so. That is because GoinOn, LLC will reimburse you for your filing fee and the AAA’s Consumer Arbitration Rules provide that any hearing fees and arbitrator compensation are our responsibility. To the extent another arbitral forum is selected, GoinOn, LLC will pay that forum’s fees as well.
  5. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and GoinOn, LLC The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and GoinOn, LLC
  6. Waiver of Jury Trial. YOU AND GoinOn, LLC WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and GoinOn, LLC are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and GoinOn, LLC over whether to vacate or enforce an arbitration award, YOU AND GoinOn, LLC WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
  7. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 18.
  8. Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.
  9. Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor GoinOn, LLC can force the other to arbitrate. To opt out, you must notify GoinOn, LLC in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your GoinOn username and the email address you used to set up your GoinOn account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You email the opt-out notice to info@goinon.io.
  10. Small Claims Court. Notwithstanding the foregoing, either you or GoinOn, LLC may bring an individual action in small claims court.
  11. Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with GoinOn, LLC

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GoinOn, LLC AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF GoinOn, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GoinOn, LLC’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID GoinOn, LLC, IF ANY, IN THE LAST 12 MONTHS.

Final Terms

  1. If any part of this contract is deemed unenforceable, the rest remains valid and enforceable
  2. We reserve all rights not expressly granted to you
  3. You may not transfer any of your rights or obligations under these Terms without our consent
  4. These Terms do not create and third-party beneficiary rights

If you have questions, please contact us using this form. You may also refer to our Privacy Policy.