Terms of Use

The Effective Date of these Terms of Use is January 3, 2017.

Welcome to Gogimogi’s website (the “Site”).  This site is owned and operated by MindTripz Inc. (DBA Gogimogi), hereafter Gogimgoi, (and its parent and affiliates and subsidiaries will be referred to as “Us” “We” “The Company” or “Gogimogi”).

Please read these Terms of Use carefully before using this site.  Your use of this site is expressly conditioned upon your acceptance of the following Terms of Use.  By using this site, you signify your acceptance of these terms of use.  IF YOU DO NOT AGREE WITH ANY PART OF THE FOLLOWING TERMS OF USE, PLEASE DO NOT USE THIS SITE.  In addition, when using particular features and services on the site, you will be subject to any posted guidelines and rules applicable to such features and services. All of which are incorporated herein by reference.

Gogimogi reserves the right to update or modify these Terms of Use at any time effective as of the posting of the new terms or a later date as may be specified in the new terms.  You agree that we may notify you of the new terms by making them available via the Site, and that your use of the Site after we have posted the new terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the new terms. For this reason, we encourage you to review these Terms of Use whenever you use the Site.

Purpose of the Site

The purpose of the Site is to provide you with information about Gogimogi, our products, services and stores, the campaigns that We support and the activities We undertake.  In addition, you may be able to purchase products and services through the Site.  If you are under the age of 18, you may use this Site only with involvement of a parent or guardian.

Disclaimer/Indemnity

Gogimogi and all content available on the Site are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness of a particular purpose.  You agree and acknowledge, by your use of the Site, that your use is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Tween Channels, and that Gogimogi and its Affiliates are not liable for any damages of any kind related to your use of the Site.

NEITHER WE NOR ANY AFFILIATED OR RELATED ENTITY, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THE SITE ARE RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR MISUSE OF THIS SITE OR ANY GOGIMOGI PRODUCTS OR SERVICES, OR ANY OTHER WEBSITE OR FEATURE.  BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER WE NOR ANY GOGIMOGI AFFILIATE WILL BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, CESSATION, MODIFICATION OF THE SITE, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS AND INFORMATION, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THE SITE.  YOU ASSUME THE ENTIRE COST OF, AND RESPONSIBILITY FOR, ANY AND ALL NECESSARY SERVICING, REPAIR OR CORRECTION RESULTING FROM YOUR USE OF THE SITE.

You agree to indemnify, defend and hold us and Tween Affiliates harmless from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense.

Copyrights and Other Intellectual Property

All of the Material (defined below) on this Site is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses help by Gogimogi.  Your use of the trademarks, service marks, trade dress, copyrighted material or any other materials displayed or available via the Site, including without limitation, graphics, layout, text, instructions, widgets, images, audio, videos, designs, advertising copy, logos, domain names, the “look and feel” of the Site and the compilation, assembly, and arrangement of the materials, of the Site (collectively, “Materials”) is strictly prohibited.  Gogimogi reserves complete title and full intellectual property rights of all the Material.  You may not copy, download , reproduce, modify, publish, distribute, transmit, transfer or create derivate works from the Material.

You also agree that you will neither: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage); nor 9b) modify, provide access to , frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish, by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way except as specifically permitted by these Terms or otherwise in writing by Gogimogi.

You may not use the Site for any purpose or in any manner that infringes the rights of any third party.

Product and Service Availability

The availability of the products and services listed on the Site is subject to change without notice.  Gogimogi cannot guarantee that products and services advertised on the Site will be available when ordered or thereafter.  The Site contains information about the availability of inventory of US products.  We cannot guarantee that a product listed as “In stock” will actually ship right away, as inventory can change significantly from day to day.  In rare cases, a product may be in stock when you place your order, and sold out or of diminished inventory by the time your order is processed.

Errors and Misprints

Gogimogi endeavors to provide current and accurate information on the Site.  However, misprints errors, inaccuracies, omissions (including incorrect specifications of products) or other errors may sometimes occur.  Gogimogi does not warrant that the content of the Site including, without limitation, product descriptions, colors or photographs of products, is accurate or complete.

Googimogi reserves the right to do the following without prior notice or liability to you or any other person:  (a) correct any error, inaccuracy or omission; (b) change the products and services advertised or made available for sale on the Site; (c0 change the prices, fees, charges of such products and services;  (d)change any promotional offers; and (e) limit quantities available for sale or sold.

Prices

All prices and other amounts appearing on the Site are quoted in US Dollars.  PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.

Order Acceptance

The advertisements on the Site are invitations to you to make offers to purchase products and services on the Site and are not offers to sell.  Your submission of an electronic or other form of order confirmation does not signify our acceptance of your order.  We reserve the right at any time and without liability to you or any other person to reject, correct, cancel or terminate any order, including accepted orders.

Refunds and Exchanges

We guarantee your satisfaction with all Gogimogi products.  However, if you are not satisfied, you may return any of our products, with your receipt, for a product exchange, or a full refund of the purchase price (minus shipping and handling charges).  Fur full details please read our Returns, Refunds and Exchanges Policy.

Payment

You are responsible for any payments due for any products or services ordered online.  If We do not receive payment from your credit issuer or its agents, We reserve the right to cancel the order without any liability to Us.

Sales Tax

We are required by law to charge applicable sales tax on products shipped in California.  Additional sales taxes may be required for products shipped to other regions including Canada and worldwide.

User Comments, Feedback, and Other Submissions

We may provide user comment areas, chat rooms, message boards, or other interactive or public areas on the Site or our Social Channels (Gogimogi Channels) where users can engage in social networking, interact with others, as well as have the opportunity to submit photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including personal information (collectively, “User Submissions”).  For each User Submission you send, post, upload, or otherwise make available to Gogimogi or the Gogimogi Channels, you grant Gogimogi an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable and assignable, royalty-free license to use, exploit, reproduce, modify, translate, incorporate in other works, create derivative works from, publish, broadcast and perform that User Submission and your name, voice, likeness and other identifying information in connection with that User Submission via any media now known or later developed, without any compensation or further notice to you.

By submitting a User Submission, you represent and warrant that:

  • You are the sole author and owner of the intellectual property and other rights thereto
  • Subject to applicable laws, all “moral rights” that you may have in such content have been voluntarily waived by you, even if the User Submission is altered or changed in a manner not agreeable to you
  • All content that you post is honest, accurate and not misleading
  • You will not impersonate any other person, user or company or upload or post user submissions that you know are false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company
  • Use of the content you supply does not violate these terms and will not cause injury to any person or entity
  • Your user submission relates to the content on the Site or Gogimogi Channels and is intended to add to the discussion and community on the Site or Gogimogi Channels-it should not include irrelevant topics or postings (this is not the place to discuss politics, religion or private matters)
  • Your user submission is not for commercial purposes and does not advertise or promote a product or service except those provided on the Site or Gogimogi Channels
  • You will be respectful of others’ opinions and comments so we can continue to build a community forum for everyone to enjoy.  If you think your user submission might offend someone, chances are it probably will and it does not belong on a community forum
  • Your user submission is suitable for a public forum

You further agree and warrant that you will not submit any User Submission that:

  • Infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
  • Violates any law, statute, ordinance, rules or regulations (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  • Is or may reasonably be considered to be defamatory, libelous, indecent, obscene, hateful, racially or religiously biased or offensive, unlawfully threatening, unlawfully harassing, abusive, or threatening to any individual, partnership or corporation, or negative toward or connected to national origin, gender, sexual preference or physical handicap, cursing, stalking, posting insulting comments, personal attacks, gossiper similar actions are prohibited and your user submission may not threaten abuse or harm others
  • Includes any information that references other websites, or personal information about you or another person (e.g. full name, password, phone number, address, e-mail address, financial information, other personally identifiable information or contact information, or information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature)
  • Contains any computer viruses, worms, or other potentially damaging computer electronic programs, code or files
  • Promotes violence or describes how to perform a violent act

We hope that you will use the Site and the Gogimogi Channels to exchange information and content and have discussions with other members.  However, please remember that these platforms are public forums and User Submission that you post on these platforms will be accessible and viewable by other users.

You agree to indemnify and hold Gogimogi and its subsidiaries, affiliated companies, divisions, joint ventures, and third-party service providers and each of their employees, officers, directors, members, managers, and agents (collectively “Gogimogi Affiliates”), harmless from all claims, demands, losses, and damages of every kind and nature, whether actual, consequential or otherwise, known and unknown including reasonable attorneys’ fees, arising out of a breach or alleged breach of your representations and warranties set forth above.

By submitting your email address or other contact information through the Site or Gogimogi Channels in connection with your User Submission, you agree that Gogimogi and Gogimogi Affiliates may use your information to contact you about the status of your User Submission and other administrative purposes.

All User Submissions that you submit may be used at our sole discretion.  Gogimogi does not guarantee that you will have any recourse through the Site or Gogimogi Channels to edit or delete any content you have submitted.  You acknowledge that you, not Gogimogi, are responsible for the content of your User Submission.  Subject to applicable laws, you further authorize us to public your User Submission in a searchable format that may reaccessed by users of the Site and Gogimogi Channels and the Internet. Neither Gogimogi nor Gogimogi Affiliates are responsible for, and we do not endorse, any User Submission posted on the Site or on Gogimogi Channels.

No Obligation to Pre-Screen/Monitor

We do not have, and do not undertake, any obligation to pre-screen, monitor, edit, or remove any User Submission.  However, we retain the right (but not the obligation), in our sole discretion and for any reason, to pre-screen, monitor, edit, refuse to accept, post, remove, or move any User Submission.  Because we may not pre-screen User Submissions, if your User Submission contains offensive, indecent, or otherwise objectionable content, or infringes on the rights of any third parties, you may bear legal responsibility for that User Submission.  You agree that Gogimogi hanse obligation to monitor or enforce your intellectual property rights to your User Submission, but has the right to protect and enforce its and its licensors’ licensed rights to your User Submission.

No Confidential Relationship, Compensation or Liability

Except as otherwise described in the Gogimogi Privacy Policy any User Submission will be treated as non-confidential and non-proprietary and We will not be liable for any use or disclosure of any User Submission.  You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Submission does not place Gogimogi in a position that is any different from the position held by members of the general public, including with regard to your User Submission.  none of you User Submissions will be subject to any obligation of confidence on the part of Gogimogi, and We will not be liable for any use or disclosure of any User Submission you provide.

You agree that if you submit content, information, ideas, suggestions, designs, or other materials to Gogimogi, those materials are submitted voluntarily.  You also understand and acknowledge that: (a) Gogimogi has wide access to content, information, ideas, suggestions, designs, and other material that may be similar or identical to materials you submit to us; (b) you will not be entitled to any compensation (nor will Gogimogi be obligated to negotiate with you) as a result of our use of any similar or identical material; and (c) We do not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of your rights in and to any materials you submit to Gogimogi.

No Obligation to Use

You agree and understand that we are not obligated to post, keep or use your User Submission.

Membership and Registration

Certain areas of the Site and Gogimogi Channels may require registration or may otherwise ask you to provide information to participate in certain features or access certain Materials or User Submissions.  The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or User Submissions or participate in certain features of the Site or Gogimogi Channels.  When you provide information to Gogimogi, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.

If you register with Us,  you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights.  You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Site or Gogimogi Channels using  your name in whole or in part.  We reserve the right to terminate your account or otherwise deny you access to the Site or Gogimogi Channels or feature in our sole discretion without notice and without liability.

Viral Content Distribution

We may grant you-but only through express written permission-the limited, revocable permission to engage in certain expressly described personal uses of Materials as may from time to time be made available via forms of digital delivery on the Site and Gogimogi Channels for such purpose (“Viral Distribution”).  Express written permission for Viral Distribution may include these personal uses: (a) sending Materials to friends or acquaintances at no charge; (b) posting and displaying a copy of Materials on a personal web site; (c) posting and displaying a copy of Materials on third party web site that permits users to post content, so long as the posting is allowed pursuant to the third party site terms and conditions, and provided that the third party web site does not charge for access to those materials or associate those materials with products, services or advertising.  If expressly permitted and made available on the Site and Gogimogi Channels, you may engage in Viral Distribution pursuant to these Terms, but you will not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Materials without our express written permission.

Modification of the Site and the Services

We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability.  We ma also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.  We may suspend and terminate your ability to purchase through the Site.

Contests

Gogimogi may make contests available to users of the Site and others.  All contests are governed by these Terms of Use and the applicable Contest  Rules.  By participating in a contest through the Site, you signify your agreement and acceptance of these Terms of use and the applicable Contest Rules.

External Links

Gogimogi may provide links to other websites from time to time.  These links are provided for your convenience.  we do not endorse or take responsibility for the content of those websites, are not responsible for the availability of them, and will not be liable in any way for any loss or damage which you may suffer by using those websites.  If you decide to access linked websites you do so at your own risk.

Governing Law and Venue

These Terms, Gogimogi and your use of the Site and Gogimogi Channels shall be governed by and construed in accordance with the laws of the State of California, and the laws of the United States, without giving effect to any principles of conflicts of law.  Any action relating to the use the Site and Gogimogi Channels or any transaction with Gogimogi must be brought exclusively in the state or federal courts located in Los Angeles County, California.