Go Motoring TERMS OF USE

TERMS OF USE

These terms of use apply to the use of www.gomotoring.in website (collectively referred to as GOMO), all its contents and features, any direct or third party links, associated website , pages, links for social media and otherwise, payment gateways, its advertisers, supporters, sponsors, organizers of events listed on website and all other third party providers and links associated with www.gotmotoring.in or any other associated websites and pages (collectively referred to as GOMO)

  1. Acceptance of terms

By using and/or visiting this website, including all content, products, software, payments, adverts and services offered via the GOMOtoring.com website (GOMO) and related websites (hereinafter collectively referred to as the "GOMO"), you signify your agreement to these terms and conditions (the "Terms of Use"). GOMO may, in its sole discretion, modify or revise these Terms of Use at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefit.

  1. Website (GOMO)

a. These Terms of Use apply to all users of the GOMO Website, including users who contribute video content, information, and other materials or services on the Website. The GOMO Website includes all aspects of GOMO, including but not limited to all products, software and services offered via the GOMO Website.

b. The GOMO Website may contain links to third party websites that are not owned or controlled by GOMO. GOMO has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, GOMO will not and cannot censor or edit the content of any third-party site. By using the GOMO Website, you expressly release GOMO from any and all liability arising from your use of any third-party website.

  1. GOMO Accounts

a. In order to access some features of the GOMO Website, you will have to create a GOMO member account, which is subject these terms and conditions along with any membership terms and conditions as notified from time to time on the relevant website section only. A user may not 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 GOMO immediately of any breach of security or unauthorized use of your account.

b. Although GOMO will not be liable for your losses caused by any unauthorized use of your account; you may be liable for the losses of GOMO or others due to such unauthorized use.

  1. Use of the GOMO Website - Permissions and Restrictions

GOMO hereby grants you permission to access and use the GOMO Website as set forth in these Terms of Use, provided that:

a. You agree not to distribute in any medium any part of the GOMO Website, including but not limited to User Submissions (defined below), without GOMO's prior written authorization

b. You agree not to alter or modify any part of the GOMO Website, including but not limited to the technologies it utilizes.

c. You agree not to access User Submissions (defined below) or GOMO content through any technology or means other than the pages of the GOMO Website itself or other explicitly authorized means GOMO may designate.

d. You agree not to use the GOMO Website, including the GOMO's embeddable video player for any commercial use, without the prior written authorization of GOMO. Prohibited commercial uses include any of the following actions taken without GOMO's express approval:

  •  sale of access to the GOMO Website or its related services on another website;

  •  use of the GOMO Website or its related services for the primary purpose of gaining advertising or subscription revenue;

  •  the sale of advertising, on the GOMO Website or any third-party website, targeted to the content of specific User Submissions or GOMO content;

  •  any use of the GOMO Website or its related services that GOMO finds, in its sole discretion, to use GOMO's resources or User Submissions with the effect of competing with or displacing the market for GOMO, GOMO content, or its User Submissions.

e. Permitted commercial uses include uploading an original video to GOMO, or maintaining an original channel on GOMO, to promote your business or racing team, subject to the terms of the GOMO Member Agreement, and any other use that GOMO expressly authorizes in writing.

f. If you use the GOMO embeddable player on your website, you must include a prominent link back to the GOMO Website on the pages containing the embeddable player and you may not modify, build upon, or block any portion of GOMO's embeddable player in any way.

g. While using the GOMO Website, you will otherwise comply with the terms and conditions of these Terms of Use, and all applicable local, national, and international laws and regulations in force and modified from time to time.

h. You agree not to use or launch any automated system, including without limitation, "robots", "spiders" or "offline readers" and such, to generate artificial views of Video Content, or to otherwise access the GOMO Website in a manner that sends more request messages to the GOMO servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, GOMO grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. GOMO reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the GOMO Website, nor to use the communication systems provided by the GOMO Website (e.g. discussion forums, comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the GOMO Website with respect to their User Submissions.

i. GOMO reserves the right to discontinue any aspect of the GOMO Website at any time and make any changes to the terms and conditions of use or limit or revoke access for any member without any notice or assigning a reason whatsoever.

j. GOMO at its discretion may choose to limit the use of its websites based on region, country or type of access at any time without any notice whatsoever.

  1. Access and use of GOMO content

In addition to the terms and conditions as above, the following restrictions and conditions apply specifically to your use of content on the GOMO Website:

a. The content on the GOMO Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to GOMO, subject to copyright and other intellectual property rights under the applicable law. Content on the GOMO Website is provided to you AS IS for your information and personal consumption only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. GOMO reserves all rights not expressly granted in and to the GOMO Website and its contents. The content meant for your use may be shared using social media links and while doing to the integrity of the content must be maintained. GOMO is not liable for any of its content shared by the users on any social media website or downloaded for use by its users at any time.

b. You may access User Submissions solely for your information and personal use, or as otherwise intended through the normal functionality of the GOMO Website.

c. User comments are made available to you for your information and personal use solely as intended through the normal functionality of the GOMO Website. User comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the GOMO Website or otherwise as prohibited under these terms and conditions.

d. You may access GOMO Content, User Submissions and other content only as permitted under these terms and conditions. GOMO reserves all rights not expressly granted in and to the GOMO Content and the GOMO Website.

e. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the GOMO Website for any commercial purposes.

f. You agree not to circumvent, disable or otherwise interfere with security-related features of the GOMO Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the GOMO Website or it’s Content.

g. You understand that when using the GOMO Website, you will be exposed to User Submissions from a variety of sources, and that GOMO is not responsible for the accuracy, functionality, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GOMO with respect thereto, and agree to indemnify and hold GOMO, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the GOMO Website.

  1. User accounts

a. All users are required to create an account by providing minimum details using the registration link and form provided in the relevant area of the GOMO website. These details are subject to verification and confirmation by GOMO and its authorized representatives or any third party that GOMO may assign for the purpose. The User agrees to share this information at users risk alone and GOMO shall not be liable for the safety and storage of this information. Care shall be taken to keep the information confidential to the best of GOMO’s ability and capability.

b. All users must access the GOMO content under their own login and use of any other users login is strictly not permitted.

c. GOMO may terminate a User's access to the GOMO Website without prior notice if GOMO determines that the User has acted in contravention of these and other Terms of Use.

d. GOMO reserves the right to decide whether Content or a User Submission is appropriate for display on the GOMO Website, and GOMO may remove any User Submissions or Content at any time, without prior notice, in its sole discretion.

  1. Copyrighted content

a. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a request to GOMO via email by providing GOMO with the following information in writing:

 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

 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 information reasonably sufficient to permit the service provider to locate the material;

 Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

 A statement that you have 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

 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  1. Disclaimer

You agree that your use of the GOMO website shall be at your sole risk. To the fullest extent permitted by law, GOMO, its officers, directors, employees, third party representatives and agents disclaim all warranties, express or implied, in connection with the GOMO website and your use thereof. GOMO makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the GOMO website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the GOMO website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the GOMO website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the GOMO website. GOMO does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the GOMO website or any hyperlinked website or featured in any banner or other advertising, and GOMO will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

  1. Limitation of Liability

In no event shall GOMO, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the GOMO website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the GOMO website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the GOMO website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the GOMO website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that GOMO shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The GOMO website is controlled and offered by GOMO from its facilities in the India. GOMO makes no representations that the GOMO website is appropriate or available for use in other locations. Those who access or use the GOMO website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  1. Indemnity

You agree to defend, indemnify and hold harmless GOMO, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the GOMO Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the GOMO Website.

  1. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

  1. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GOMO without restriction.

  1. General

Any disputes are subject to jurisdiction of courts in New Delhi. These Terms of Use, together with any other legal notices published by GOMO on the GOMO Website, shall constitute the entire agreement between you and GOMO concerning the GOMO Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and GOMO's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

GOMO reserves the right to amend these Terms and conditions of use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the GOMO Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms