The Terms of Service (the "Terms") govern your access to and the use of the services on the website, including SMS, APIs, email notifications, applications, buttons, and widgets, (the “Service” or "Services"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred as "Content"). By using our website, you accept the Terms in full. If you disagree with the Terms or any part of the Terms, you must not use our website.
The age to use the GoMad Inc. is 18 years and above. By using our Services and by agreeing to the Terms, you warrant and represent that you are at least 18 years of age. To complete any form of financial transaction, the legal age is 18 years or older (refer to the GoMad Credits Policy
GoMad Inc. website has provided you with a translation of the English language version of the Terms, and the Policies
. You agree that the translation is provided for your convenience only. The English language versions of the Terms and the Policies
, will govern your relationship with GoMad Inc.
3. Terms Agreement
You agree that the Terms constitute the entire, complete and exclusive agreement between you and GoMad Inc. regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of the Terms. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other GoMad Inc. Services, or third-party content or third party software.
4. License to use website
Unless otherwise stated, GoMad Inc. or our licensors, if any, own the intellectual property rights in the website and all other user broadcasted Contents ownership retains with the user. Subject to the license below, all outlined intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or from the website for your own personal use, subject to the restrictions as set out below and elsewhere in the Terms.
You must not:
4.1 Republish Content from this website (including republication on another website);
4.2 Sell, rent or sub-license Content from the website;
4.3 Show any Content from the website in public;
4.4 Reproduce, duplicate, copy or otherwise exploit Content on our website for commercial purposes;
4.5 Edit or otherwise modify any Content on the website; or
4.6 Redistribute Content from this website except for Content specifically and expressly made available for redistribution (such as our updates).
You may access our NewsCast by default. By accessing our NewsCast, you accept the Terms as laid out. Subject to your acceptance of the Terms, and notwithstanding the restrictions set out above, we grant to you a non-exclusive, non-transferable, non-sublicensable license to display our NewsCast in an unmodified form on any non-commercial website owned and operated by you. It is a condition of this license that you include a credit to GoMad Inc. and hyperlink back to GoMad Inc. on each web page where the NewsCast is published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form). We may revoke this license at any time, with or without notice or explanation.
5. Verification of Identity
GoMad Inc. does not have any obligation to verify the identity of the users registered to its Services, nor does it have any obligation to monitor the use of its Services by other users of the community; therefore, our website disclaims all liability for identity theft or any other misuse of your identity or information.
Any information that you provide to GoMad Inc. is subjected to our Policies, which governs the collection and use of your information. You understand that through your use of our website and its Services, you consent to the collection and use (as set forth in the Policies) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by our website. As part of providing you with the Services on our website, we may need to provide you with certain communications, such as announcements and administrative messages. These communications are considered part of the Services of your account, which you may not be able to opt-out from receiving.
We may use the information for the following:
a) Build games,
b) Build applications,
c) To enhance the security features of our website
d) To determine the effectiveness of the advertisements.
7. Acceptable use
You must not use GoMad Inc. in any way that causes, or may cause damage to the website or cause any impairment of the availability or accessibility of the website or its Services; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purposes or activity.
You are not permitted to use the website if you are a convicted sex offender.
You are not permitted to create more than one personal avatar.
You must not use our website or its Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our Services without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
8. User Categories
Email Registered Users:
In order to become an email registered user, you are required to complete a registration form and activate your account from the link sent to your registered email. By registering you agree that all the information you provide to us as part of the registration procedure or otherwise, and all information pertaining to the use of the website that you have provided is true, accurate, fair and complete and current. You also undertake the responsibility to update your personal information on the website.
You will select your own email ID and password, but you acknowledge that we may refuse to permit, or may insist that you change any account name that impersonates another user.
Email registered users must keep their passwords confidential.
Email registered users will have access to additional features on our website as they become available at our sole discretion.
Mobile Verified User:
In order to become a verified user, you are required to complete a verification process. Upon initiating the verification process, a unique code will be sent to your registered mobile phone number. After you have manually entered this unique code in the online verification form, you be upgraded from email registered user to mobile verified user. Only mobile verified user can conduct transactions such as the Top Up & Redemption of GoMad Credits, the use of GoMad Credits, Referral Bonuses, buy and sell on MyStore and any other transactions involving an exchange of value.
Verified Account (Person or Organization):
In order to become a Verified User of Verified Organization, you are required to provide us with the registered official identification documents to prove your legitimacy as a person or organization.
Only verified users are eligible for paid membership packages which may become available. Access to certain areas of our website will be restricted to paid users based on the package they purchase in future when it’s available.
Please note that every time a new user opens an account with GoMad Inc., the user by default endorses "GoMad Inc." and "United Nations World Food Program" organization page. However, the user can choose to undo endorse them at any time.
You are responsible for any activity on our website arising out of any failure to keep your account details confidential, and hold sole liability for any losses arising out of such a failure.
You must not use any other person's email and password to access our website, unless you have that person's express permission to do so.
We may disable accounts, delete accounts, and delete any information associated with an account, at our sole discretion without notice or explanation.
You must contact our Customer Support
immediately if you become aware of any unauthorized use of your account.
9. Referral Feature
GoMad Inc. allows you to invite people you may know through a referral feature to join your network by the sending of invitations. You will be assigned a referral link which will ensure that all users who join and register through that link will be included in your referral network.
10. User Generated Content
In the Terms, “your user content” means Content (including without limitation, text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose. By participating on GoMad Inc. you agree and represent that your Content will comply with the Terms.
By participating on GoMad Inc. you agree to a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user Content in any existing or future media. You also agree to grant to us the right to sub-license these rights, and the right to bring an action for any infringement of these rights.
We may modify or adapt your Content, which is not restricted by any privacy settings, in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
Your Content must not be illegal or unlawful, and must not infringe on any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
Your Content (and its publication on our website) must not:
10.1 Be libellous or maliciously false;
10.2 Be obscene or indecent;
10.3 Infringe any copyright, moral right, database right, trade mark right, design right, right in
passing off, or other intellectual property rights;
10.4 Infringe any right of confidence, right of privacy, or right under data protection legislation;
10.5 Constitute negligent advice or contain any negligent statements;
10.6 Constitute an incitement to commit a crime;
10.7 Be in contempt of any court, or in breach of any court order;
10.8 Be in breach of racial or religious hatred or discrimination legislation;
10.9 Be blasphemous;
10.11 Be in breach of official secrets legislation;
10.12 Be in breach of any contractual obligation owed to any person;
10.13 Depict violence in an explicit, graphic or gratuitous manner;
10.14 Be pornographic or sexually explicit;
10.15 Be untrue, false, inaccurate or misleading;
10.16 Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
10.17 Constitute spam;
10.18 Be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
10.19 Cause annoyance, inconvenience or needless anxiety to any person.
10.20 You will not BroadCast anyone's identification documents or sensitive information on our website.
10.21 You will not feature or mention users without their consent.
10.22 You will not send referral invitations to parties you do not know or who have given their email address to you for another intended purpose other than the sending of an invitation to register on our website.
10.23 Your Content must be appropriate, civil, tasteful and in accordance with the generally accepted standards of etiquette and behavior on the Internet.
10.24 You must not use our website to link to any website or website page consisting of or containing of any Content that would, if it were BroadCasted on our website, breach the provisions of the Terms and Policies.
10.25 You must not submit any Content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under the Terms in relation to user Content, we do not undertake to monitor the submission of such Content to, or the publication of such Content on our website.
We may not monitor every item of Content generated or BroadCasted by you; hence we cannot take responsibility for such Content. The user who has generated the Content is solely responsible for any loss or damage that may occur due to the nature of the Content
11. Ecommerce on MyStore
The seller is fully responsible for the sale of any product or service on MyStore, including and not limited to its quality, warranty, shipping or any matter related with the sale. GoMad Inc. restricts the sale of anything illegal under any applicable law or regulation in the jurisdiction you are selling the product from or to (please refer to MyStore Policy
). GoMad Inc. also restricts the sale if it violates any applicable international, federal, national, local, copyright, patent, trademark or other intellectual property laws or contains any software viruses, trojans, worms, logic bombs or other Content which is malicious or technologically harmful.
GoMad Inc. is neither responsible nor liable for the perceived success or failure of any product or service added in MyStore.
We have no control over any product or service added by the seller, and therefore we accept no responsibility for products or services featured on GoMad Inc. or for any loss or damage that may arise from your use of them.
MyStore has been designed for GoMad Inc. users, providing a key platform for e-commerce. You are not permitted to use the website to promote Chain Marketing or Pyramid Schemes.
The Referral Bonus is a promotional offer and we reserve the right to change or discontinue the offer at any time, without prior notice.
You must not be involved in person or in conjunction with any individual or organization doing activities that leads to misrepresentations, misstatements or false promises about the Referral Bonus promotion from the GoMad Inc. We accept no responsibility for any loss or damage that may arise from such an activity.
13. Content to Public
You clearly understand, the Content you BroadCast to world, will be made available to both users and non-users to our website. Your avatar information will display both on our website and the content will be available to public search engines. It will also be accessible via the games, applications or through other websites connecting to GoMad Inc.
When you BroadCast Content on others Board, you may not be able to choose a specified audience. As a general rule, the Content you BroadCast is considered to be open to all.
14.1 The mobile services are part of the registration process, but please be aware that your carrier's normal rates and fees, including but not limiting to text messaging fees, data chargers, roaming charges will still apply.
14.2 In the event you change or deactivate your mobile telephone number, please update your account information on our website to ensure that your messages are not sent to the person who acquires your old number.
14.3 You provide all the rights necessary to enable users to sync (including through the use of an application) their contact list with any basic information and contact information that is visible to them on our website, including your name and avatar.
GoMad Inc. respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that does not comply with applicable law and where adequate information has been provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
15.1 A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
15.2 Identification of the copyrighted content claimed to have been infringed;
15.3 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the supply of sufficient information to permit us to locate the Content;
15.4 Your contact information, including your address, telephone number, and an email address;
15.5 A statement provided by you which stipulates that in good faith, you believe that the use of the Content infringes on copyright(s) held and is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, and that you are authorized to act on behalf of the copyright owner.
We have the right to remove the Content prior to notifying the user concerned, if the Content is suspected to have infringed upon copyrights. If the infringement repeats, we may even terminate the User account.
16. GoMad Inc. Applications
GoMad Inc. will offer Services through the applications built on our website. It would also offer interactive applications, smartphone applications, buttons or other plugins. If you use a GoMad Inc. Application or interact with a website that has deployed a plugin, you agree that the information about you and your use of the Services, including, but not limited to your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing GoMad Inc. plugins that load in your browser may be communicated to us.
17. Third Party Sites and Developers
Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the Contents of the third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
GoMad Inc. does not endorse any features, content, advertising, products or other materials on or available from third party sites or applications. We also do not screen, audit, or endorse applications. Accordingly, if you decide to access third party sites or use applications, you do so at your own risk and agree that your use of any application is on an “as-is” basis without any responsibility as to the developer’s actions, and that this agreement does not apply to your use of any third party website or developer application.
18. Website Functionality
GoMad Inc. does not guarantee that the Services it provides will function without interruption or error. The operation of the Services may be interrupted due to maintenance, updates, or system or network failures. We disclaim all liability for damages caused by any such interruption or error in functioning. Furthermore, we disclaim all liability for any malfunctioning, impossibility of access, or any degraded functions of our website due to inappropriate equipment, disturbances related to internet service providers, or to the saturation of the internet network, and for any other reason.
GoMad Inc. may terminate the Terms for any reason or no reason, with or without notice at any time. The termination of an account includes the disabling of access to a user account, our website and we may also choose to block you from any future use of the website. Termination occurs in the following ways:
a) Delete: You can delete your account. It takes up to one month to delete the account. You should delete your account, only if you are certain that you are not going to reactivate it.
b) Misuse of Services: GoMad Inc. may restrict, suspend or terminate your account if you abuse or misuse the Services.
If you violate any of the terms stated above or create any possible legal exposure or risk which may impact GoMad Inc., we may terminate your account immediately. We may also delete your account or disable any applications associated with you. We may choose to notify you by email of the action taken or by providing a notification when you try to access your account.
Upon termination, if you have GoMad Credits in your account, these would be forfeited (please refer to GoMad Credits Policy
20. Resolving Issues
For any dispute you have with GoMad Inc., you agree to first contact us and attempt to resolve the dispute with us informally. If we, for some reason, cannot resolve a dispute that we have with you, after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach there of (collectively, “Claims”), and by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, which by reference are considered to be an intrinsic part of the Terms.
21. Safety for Minors
GoMad Inc. Terms does not allow children below the age of 18 years to use the website or its Services. It is the responsibility of the parent or the guardian to supervise the online activities of children. We are not responsible for any loss or damage that may arise from the use of the website or its Services by children.
22. Limited warranties
You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not guarantee the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the Content on the website is kept up-to-date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to this website and to the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Only those authorized in writing can carry, conduct or organize any activities on our behalf. Any unauthorized individual or organization shall be doing so at its own risk. We accept no responsibility for any unauthorized individual or organization for any loss or damage that may arise from such an activity.
23.Limitations and exclusions of liability
Nothing in these Terms will:
(a) Limit or exclude our or your liability for death or personal injury resulting from negligence;
(b) Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
(c) Limit any of our or your liabilities in any way that is not permitted under applicable law; or
(d) Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these Terms:
(a) Are subject to the preceding paragraph; and
(b) Govern all liabilities arising under the Terms or in relation to the subject matter of the Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these Terms. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.
You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.
25.Breaches of these Terms
Without prejudice to our other rights under these Terms, if you breach these Terms in any way, or if we reasonably suspect that you have breached these Terms in any way, we may:
(a) Send you one or more formal warning(s);
(b) Temporarily suspend your access to the website;
(c) Permanently prohibit you from accessing the website;
(d) Block computers using your IP address from accessing the website;
(e) Contact your internet services provider and request that they block your access to the website;
(f) Bring court proceedings against you for breach of contract or otherwise;
(g) Suspend and/or delete your account with the website; and/or
(h) Delete and/or edit any or all of your user generated content.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
GOMAD™ and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.
27. Competitions / Promotions
From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).
28. Changes to Terms
We reserve the right to modify, supplement or replace the Terms, effective upon posting on GoMad Inc. or by notifying you otherwise by any other means. Revised Terms will apply to the use of your website from the date of the publication of the revised Terms on our website. We recommend that you check this page regularly to ensure you are familiar with the current version. If you do not agree to changes to the Terms, you should stop using GoMad Inc. immediately.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
31. Exclusion of Third Party Rights
These Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.
, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
33. Law and Jurisdiction
These Terms will be governed by and construed in accordance with Delaware law, and any disputes relating to these Terms will be subject to the non-exclusive jurisdiction of the courts of Delaware.
34. Our Contact
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