Not a member?
Sign up
Terms of Service for GoingOn Networks, Inc.
This web site and the services offered on it ("GoingOn Networks") are owned and operated by GoingOn Networks, Inc. ("GoingOn") and provided to you pursuant these Terms of Service, as may be amended, and any guidelines or policies that may be published on the GoingOn Networks. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE OR REGISTER TO USE THE GoingOn Networks.
General
GoingOn has the right at any time to change or discontinue any aspect of the GoingOn Networks, including the content, hours of availability, and equipment needed for access to or use of the GoingOn Networks. You understand and agree that GoingOn Networks is provided to you exclusively under GoingOn's Terms of Service. GoingOn Networks is intended for use by individuals 13 years of age or older, and is not directed to use by children under the age of 13. By completing the registration process and using GoingOn Networks, you are stating that you are 13 years of age or older and that if you are under age 18 your account was created by your legal guardian and that they agree to these Terms of Service on your behalf. GoingOn reserves the right to terminate your account at any time for any reason, including if GoingOn learns that you have provided false or misleading registration information or have violated the Terms of Service. Subject to the Terms of Service and any instructions and guidelines posted on the GoingOn Networks, GoingOn grants you a limited license to access and use the GoingOn Networks.
GoingOn Networks restricts adult content from its “Public” and “Moderated” networks, which are properties viewable by the general public. Additional guidelines related to a network’s content should be placed within a network’s optional “community guidelines,” so every network administrator has the responsibility and rights to post their own network’s guidelines with the exception of the above statement related to adult content. You understand and acknowledge that GoingOn's guidelines prohibit, among other things, use of the GoingOn Networks in any unlawful manner or in any other manner that interferes with, disrupts, or creates an undue burden on GoingOn's computer equipment or the networks or services connected to the GoingOn Networks.
User's Responsibilities
GoingOn Networks does not provide you with access to the internet, and you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the GoingOn Networks and all charges related thereto. You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not authorized by you. You agree to notify GoingOn immediately of any unauthorized use of your account.
Privacy
As part of the registration process, you will provide certain personal information to GoingOn. GoingOn agrees to use your individualized information only for internal purposes; GoingOn may, however, provide your information, in an aggregate form with the information of other users, to third parties, but only in such a way that your individual privacy is protected. GoingOn may contact you periodically to provide you with news, other information, or offers which it believes would be of interest to you. All uses of your information will be in accordance with the provisions of GoingOn's Privacy Policy.
Creative Commons
GoingOn strongly believes in the work and mission of the non-profit organization, Creative Commons, to expand the range of creative work available for others to build upon and share. GoingOn encourages you to post your content on the GoingOn Networks under one of the licenses developed by Creative Commons, however, by default, meaning that unless you actively decide to use a Creative Commons license, you retain all rights in your content posted on the GoingOn Networks. Additional information on how to post content under a Creative Commons license is available on certain related pages within the GoingOn Networks. Our wholehearted endorsement of Creative Commons is simply a matter of corporate policy, and you acknowledge that GoingOn does not provide legal services and that providing you with the ability and opportunity to post content under a Creative Commons license does not create an attorney-client relationship.
Nonetheless, by posting content you are effectively, and hereby, granting permission to GoingOn and others to access and use it in connection with the GoingOn Networks, and as otherwise necessary for GoingOn in connection with its business. You acknowledge that GoingOn is not responsible for the use of your content by third parties and is under no obligation to disable or restrict access to or use of your content posted on the GoingOn Networks. Information on how to remove your posted content is available within the GoingOn Networks.
Third Party Content and Monitoring
GoingOn is a distributor (and not a publisher) of content supplied by third parties and users of the GoingOn Networks. Accordingly, GoingOn has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of GoingOn. GoingOn neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the GoingOn Networks by anyone other than authorized GoingOn employee spokespersons while acting in their official capacities. GoingOn has the right, but not the obligation, to monitor and review the content on the GoingOn Networks and your account to determine compliance with the conditions of use and operating rules established by GoingOn, to satisfy any law, regulation or authorized government request, or for other reasonable purposes. You understand and acknowledge that GoingOn does not monitor content for accuracy or reliability.
Trademarks
Certain of the names, logos, and other materials displayed in the GoingOn Networks constitute trademarks or intellectual property of GoingOn or other persons or entities. You are not authorized to use any such marks. Ownership of all such trademarks and, unless otherwise stated, other intellectual property remains with GoingOn or those other persons or entities.
Disclaimer of Warranty; Limitation of Liability
You expressly agree that use of the GoingOn Networks is at your sole risk. Neither GoingOn, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the GoingOn Networks will be uninterrupted or error free; nor do they make any warranty as to the accuracy, completeness or reliability or any information, advertisements, services or merchandise provided through the GoingOn Networks, or as to the results that may be obtained from use of the GoingOn Networks.
The GoingOn Networks is provided on an "as is" basis. GoingOn expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
In no event will GoingOn, or any person or entity involved in creating, producing or distributing the GoingOn Networks or the content included therein, be liable in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages, including, without limitation, lost profits or revenues, loss of use or similar economic loss, arising out of the use of or inability to use the GoingOn Networks. You hereby acknowledge that the provisions of this section shall apply to all use of and content on the GoingOn Networks. In no event shall GoingOn's total liability to you for all damages, losses and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by you, if any, for accessing the GoingOn Networks.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the GoingOn Networks, under any legal theory or cause of action.
Indemnification
You agree to indemnify, defend and hold harmless GoingOn, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the GoingOn Networks, your violation of the Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
Miscellaneous
The Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. The Terms of Service will inure to the benefit of GoingOn's successors, assigns and licensees. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by GoingOn. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. This Terms of Service constitutes the entire agreement between you and GoingOn with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding this subject matter.
