Goongoonalo Terms of Use

1. Introduction

Please read these Terms of Use (these** "Terms**") carefully as they govern your access to Goongoonalo's personalized services for streaming music and other content, including all of our websites and software applications that incorporate or link to these Terms (collectively, the "Goongoonalo Service") and any music, videos, podcasts, or other material that is made available through the Goongoonalo Service (the "Content").

Access to the Goongoonalo Service may be subject to additional terms and conditions presented by Goongoonalo, which are hereby incorporated by this reference into these Terms.

By signing up for, or otherwise accessing, the Goongoonalo Service, you agree to these Terms. If you do not agree to these Terms, then you must not access the Goongoonalo Service.

Goongoonalo Service Provider

The Goongoonalo Service is provided by Goongoonalo Private Limited, Rathna Building, Bangalore, Karnataka, India.

Age and eligibility requirements

In order to access the Goongoonalo Service, you need to (1) be 13 years of age (or the equivalent minimum age in your home country) or older, (2) have parent or guardian consent if you are a minor in your home country; (3) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (4) reside in a country where the Service is available. You also promise that any registration information that you submit to Goongoonalo is true, accurate, and complete, and you agree to keep it that way at all times. Furthermore, Goongoonalo undertakes no liability in relation to a violation of these Terms by you. If you are a minor in your home country, your parent or guardian will need to enter into these Terms on your behalf. You can find additional information regarding minimum age requirements in the registration process. If you do not meet the minimum age requirements then Goongoonalo will be unable to register you as a user.

2. The Goongoonalo Service Provided by Us.

Goongoonalo Service Options

We provide numerous Goongoonalo Service options. Certain Goongoonalo Service options are provided free-of-charge, while other options require payment before they can be accessed (the "Paid Subscriptions"). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties. The Unlimited Service may not be available to all users.

Trials

From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a "Trial").

Third-Party Applications, Devices and Open Source Software

The Goongoonalo Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions and policies provided to you by the applicable third party. Goongoonalo does not guarantee that Third-Party Applications and Devices will be compatible with the Goongoonalo Service.

Service Limitations and Modifications

We use reasonable care and skill to keep the Goongoonalo Service operational and to provide you with a personalized, immersive audio experience. However, our service offerings and their availability may change from time to time and subject to applicable laws, without liability to you; for example:

• The Goongoonalo Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
• We aim to evolve and improve our Services constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of the Goongoonalo Service (including particular functions, features, subscription plans and promotional offerings).
• Goongoonalo has no obligation to provide any specific content through the Goongoonalo Service, and Goongoonalo or the applicable owners may remove particular songs, videos, podcasts, and other Content without notice.

3. Your Access to the Goongoonalo Service

Creating a Goongoonalo account

You need to create a Goongoonalo account to access all or part of the Goongoonalo Service. Your username and password are for your personal access only and should be kept confidential. You understand that you are responsible for all access (including any unauthorized access) via your username and password. Notify our Customer Service team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.

Goongoonalo may reclaim, or require you to change, your username for any reason.

Your rights to access the Goongoonalo Service

Access to the Goongoonalo Services

Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to access the Goongoonalo Service for your personal, non-commercial purpose (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or Goongoonalo. While accessing the Goongoonalo Service, you may enjoy the Content for your own personal, non-commercial purpose. Except for the Access, Goongoonalo grants no right, title or interest to you in the Content. You agree that you will not redistribute or transfer the Goongoonalo Service or the Content.

The Goongoonalo software applications and the Content are not sold or transferred to you, and Goongoonalo and/or its licensors retain ownership of all copies of the Goongoonalo software applications and Content even after installation on your Devices.

Goongoonalo's Proprietary Rights

The Goongoonalo Service is the property of Goongoonalo. The Content is the property of Goongoonalo or Goongoonalo's licensors. All Goongoonalo trademarks, service marks, trade names, logos, domain names, and any other features of the Goongoonalo brand ("Goongoonalo Brand Features") are the sole property of Goongoonalo or its licensors. These Terms do not grant you any rights to use any Goongoonalo Brand Features whether for commercial or non-commercial use.

You agree to abide by the Goongoonalo User Guidelines and not to access the Goongoonalo Service, or any part thereof in any manner not expressly permitted by these Terms.

Payments and cancellation

Billing

You may purchase a Paid Subscription directly from Goongoonalo or through a third party either by:

● paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or

● pre-payment giving you access to the Goongoonalo Service for a specific time period ("Pre-Paid Period").

Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.

Price and tax changes

Goongoonalo may from time to time change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes (defined above), and will communicate any price changes to you in advance on reasonable notice. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, by continuing to access the Goongoonalo Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.

Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory or even city. Any change in Tax rate will be automatically applied based on the account information you provide

Renewal and Cancellation

With the exception of Paid Subscriptions for a Pre-Paid Period, your payment to Goongoonalo or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact our Customer Support team for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Goongoonalo Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.

If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated in the Code, or when there is an insufficient pre-paid balance to pay for the Goongoonalo Service.

Withdrawal right

If you sign up for a Trial, you agree that the withdrawal right for the Paid Subscription for which you are receiving a Trial ends fourteen (14) days after you start the Trial. If you don't cancel the Paid Subscription before the Trial ends, you lose your right of withdrawal and authorise Goongoonalo to automatically charge you the agreed price each month until you cancel the Paid Subscription. For trials less than fourteen (14) days, you expressly consent to us providing you with the paid service immediately after the end of your Trial and that from that point you lose your right of withdrawal.

If you purchase a Paid Subscription with no Trial, you agree you have fourteen (14) days after your purchase to withdraw for any reason and must pay us for the services provided up until the time you tell us that you have changed your mind. . You expressly consent to us providing you with the service immediately following your purchase, that you lose your right of withdrawal, and authorise Goongoonalo to charge you automatically each month until you cancel.

User Guidelines

We've established guidelines for accessing the Goongoonalo Service, to make sure the Goongoonalo Service stays enjoyable for everyone ("Goongoonalo User Guidelines"). In accessing the Goongoonalo Service, you must comply with the Goongoonalo User Guidelines, as well as all applicable laws, rules, and regulation, and respect the intellectual property, privacy, and other rights of third parties.

4. Content and Intellectual Property Rights

User content

The content you post on the service

Goongoonalo users may post, upload, or otherwise contribute content to the Goongoonalo Service ("User Content"). For the avoidance of doubt, "User Content" includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to the Goongoonalo Service (including to the Goongoonalo Support Community) by users.

You are solely responsible for all User Content and interactions (including but not limited to comments, chats, messages, and other communications with artists, fans, or users) that that you post. transmit, or make available on the Goongoonalo Service.

Goongoonalo is not responsible for, and does not endorse, any User Content or interactions posted by you or other users. You agree to indemnify and hold harmless Goongoonalo and its affiliates from any claims, damages, or liabilities arising from your User Content or interactions.

You promise that, with respect to any User Content you post on Goongoonalo, (1) you own or have the right to post such User Content; (2) such User Content, or its use by Goongoonalo pursuant to the permission granted below, does not: (i) violate these Terms, applicable law, or the intellectual property or other rights of any third party; or (ii) such User Content does not imply any affiliation with or endorsement of you or your User Content by Goongoonalo or any artist, band, label, or other individual or entity without the prior express written consent from Goongoonalo or such individual or entity. (3) our User Content and interactions will not be unlawful, abusive, defamatory, libelous, harassing, threatening, hateful, discriminatory, obscene, or otherwise inappropriate. (4) Your User Content and interactions will not falsely imply any affiliation with or endorsement by Goongoonalo, artists, bands, labels, or other individuals or entities, without their express written consent.

In posting or sharing User Content or other information on the Goongoonalo Service, please keep in mind that content and other information will be publicly accessible, and may be used and re-shared by others on the Goongoonalo Service and across the web, so please use caution in posting or sharing on the Goongoonalo Service, and be mindful of your account settings. Goongoonalo is not responsible for what you or others post or share on the Goongoonalo Service.

Monitoring user content

Goongoonalo may, but has no obligation to, monitor or review User Content. Goongoonalo reserves the right to remove or disable access to any User Content for any or no reason. Goongoonalo may take these actions without prior notification to you.

Permissions that you grant us

User Content

You retain ownership of your User Content when you post it to the Service. However, in order for us to make your User Content available on the Goongoonalo Service, we do need a limited permission from you to that User Content. Accordingly, you hereby grant to Goongoonalo a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide permission to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Goongoonalo Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

Feedback

If you provide ideas, suggestions, or other feedback in connection with your access of the Goongoonalo Service or any content ("Feedback"), such Feedback is not confidential and may be used by Goongoonalo without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.

Your Device.

You also grant to us the right (1) to allow the Goongoonalo Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Goongoonalo Service, (2) to provide advertising and other information to you, and to allow our business partners to do the same, as permitted in accordance with the Goongoonalo Privacy Policy.

Content experience

In any part of the Goongoonalo Service, the Content that you enjoy, including its selection and placement, may be influenced by commercial considerations, including Goongoonalo agreements with third parties.

Some Content provided to, created by, or otherwise made available by Goongoonalo (e.g., podcasts) may incorporate advertising, and Goongoonalo is not responsible for any such advertising.

Infringement claims

Goongoonalo respects the rights of intellectual property owners. If you believe that any Content infringes your copyright rights, please see the Goongoonalo Copyright Policy.

5. Customer Support, Information, Questions and Complaints

Goongoonalo Support Community

The Goongoonalo Support Community is a place for discussions and exchange of information, tips, and other materials related to the Goongoonalo Service. By using the Goongoonalo Support Community, you agree to the Community Terms.

Customer Support, Information, Questions, Complaint

For customer support with account- and payment-related questions ("Customer Support Queries"), please use Customer Support resources listed on the About Us section of our website.

If you have any questions concerning the Goongoonalo Service or these Terms (including any additional Goongoonalo terms and conditions incorporated herein), please contact Goongoonalo Customer Service by visiting the About Us section of our website.

Grievance Mechanism

We have dedicated grievance mechanisms for India. Please contact us and provide all relevant information via the most appropriate mechanism below to reach the right support team directly and help us respond promptly. If you contact us via any other means, it may take us longer to receive and review your request.

Content support: If you believe any content on our platform does not comply with our user guidelines, violates applicable law, or infringes your rights, you can report the content at support@goongoonalo.com. Please do not use this mechanism to serve legal process or a regulatory notice.

Customer support: If you have any question or concern about your account or payments, please contact our customer service support@goongoonalo.com. Please do not use this mechanism to submit requests relating to content on our platform.

Data protection support: If you have any questions about our privacy policy, please contact our Data Protection Officer by emailing privacy@Goongoonalo.com or by writing to us at the address set out in our privacy policy.

Service of legal process or regulatory notices: If you wish to serve a summons, court order, or government notice in India on us, you must use the below email address. Please do not contact us via the below for other user inquiries that are better suited to the mechanisms described above.

Attention: Grievance Officer

Email: privacy@Goongoonalo.com

6. Problems and Disputes

Suspending and terminating the Goongoonalo Services

These Terms will continue to apply to you until terminated by either you or Goongoonalo. Goongoonalo may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to the Goongoonalo Service at any time if we believe you have breached any of these Terms, if we stop providing the Goongoonalo Service or any material component thereof on reasonable notice to you, or as we believe necessary to comply with applicable law. If you or Goongoonalo terminate these Terms, or if Goongoonalo suspends your access to the Goongoonalo Service, you agree that Goongoonalo shall, subject to applicable laws, have no liability or responsibility to you, and (except as expressly provided in these Terms) Goongoonalo will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you may not continue accessing the Goongoonalo Service. To learn how to terminate your Goongoonalo account, please use the Customer Support resources on our About Us page.

Sections 4 (Content and Intellectual Property Rights), 3 (Your Access to the Goongoonalo Service), 2 (The Goongoonalo Service Provided by Us), 6 (Problems and Disputes), 7 (About These Terms) herein, as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms, shall survive termination.

Warranty disclaimers

Goongoonalo will provide the Goongoonalo Service using reasonable care and skill and in accordance with any specification of the Goongoonalo Service provided by Goongoonalo, however, subject to that, the Goongoonalo Service is provided "as is" and "as available," without any warranties of any kind, whether express, implied, or statutory. Further, Goongoonalo and all owners of the content disclaim any express, implied, and statutory warranties regarding the content, including warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither Goongoonalo nor any owner of content warrants that the Goongoonalo Service or content is free of malware or other harmful components. In addition, Goongoonalo makes no representation regarding, nor does it warrant or assume any responsibility for, any third-party applications (or the content thereof), user content, devices or any product or service advertised, promoted or offered by a third party on or through the Goongoonalo Service or any hyperlinked website, and Goongoonalo is not responsible for any transactions between you and any third-party providers of the foregoing. No advice or information whether oral or in writing obtained by you from Goongoonalo shall create any warranty on behalf of Goongoonalo. While accessing the Goongoonalo Service, you may have access to explicit content filtering features, but use of these features may still result in some explicit content being served and you should not rely on such features to filter all explicit content. Content may be directly updated/uploaded on the Goongoonalo Service by a third party and therefore we make no warranty that you will not come across content that might not suit your sensibilities and might be considered inappropriate by you. In such a scenario, you are free to discontinue or opt not to view/stream/consume such content. This section applies to the fullest extent permitted by applicable law.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you and nothing will affect your statutory rights.

Limitation of Liability and Time for Filing a Claim

Subject to applicable law, you agree that your sole and exclusive remedy for any problems or dissatisfaction with the Goongoonalo Service is to uninstall any Goongoonalo software and to stop accessing the Goongoonalo Service. You agree that Goongoonalo has no obligation or liability arising from or related to third-party applications or the content thereof made available through or in connection with the Goongoonalo Service, and while your relationship with such third-party applications may be governed by separate agreements with such third parties, your sole and exclusive remedy, as with respect to Goongoonalo, for any problems or dissatisfaction with any third-party applications or the content thereof, is to uninstall or stop using such third-party applications.

**In no event will Goongoonalo, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to access the Goongoonalo Service, devices, third-party applications, or third-party application content; or (3) aggregate liability for all claims relating to the Goongoonalo Service, third-party applications, or third-party application content more than the greater of (a) the amounts paid by you to Goongoonalo during the twelve months prior to the first claim; or (b) $30.00. Any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable. **

For clarification, these terms do not limit Goongoonalo's liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation and for any other liability that, by applicable law, may not be limited or excluded.

**Except where such restriction is prohibited under applicable law, any claim arising under these terms must be commenced (by filing a demand for arbitration or filing an individual action under the arbitration agreement below) within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. **

Third Party Rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and Goongoonalo, and in no event shall these Terms create any third-party beneficiary rights.

If you have downloaded any of our mobile software applications (each, an "App") from the Apple Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Goongoonalo only, not with Apple, and Apple is not responsible for the Goongoonalo Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Goongoonalo Service. In the event of any failure of the Goongoonalo Service to conform to any applicable warranty, you may notify Apple and Apple will refund the applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Goongoonalo Service. Apple is not responsible for addressing any claims by you or any third party relating to the Goongoonalo Service or your possession or access of the Goongoonalo Service, including: (1) product liability claims; (2) any claim that the Goongoonalo Service fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Goongoonalo Service or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when accessing the Goongoonalo Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

Indemnification

You agree to indemnify and hold Goongoonalo harmless from and against any reasonably foreseeable direct losses, damages, and reasonable expenses (including reasonable attorney fees and costs) suffered or incurred by Goongoonalo arising out of or related to: (1) your breach of any of these Terms (including any additional Goongoonalo terms and conditions incorporated herein); (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Goongoonalo Service; and (4) your violation of any law or the rights of a third party.

Governing Law, Mandatory Arbitration and Venue

6.1 Governing Law / Jurisdiction

Unless otherwise required by mandatory laws in your country of residence, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of India, without regard to choice or conflicts of law principles.

6.2 CLASS ACTION WAIVER

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND GOONGOONALO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Goongoonalo agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

6.3 ARBITRATION

If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 6.3. is enforceable, the following mandatory arbitration provisions apply to you:

6.3.1 Dispute resolution and arbitration

You and Goongoonalo agree that any dispute, claim, or controversy between you and Goongoonalo arising in connection with or relating in any way to these Agreements or to your relationship with Goongoonalo as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.

6.3.2 Exceptions

Notwithstanding clause 6.3.1 above, you and Goongoonalo both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a small claims court ,(2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (3) seek injunctive relief in a court of law, or (4) to file suit in a court of law to address intellectual property infringement claims.

6.3.3 Arbitration rules

Either you or we may start arbitration proceedings. Any arbitration between you and Goongoonalo will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the "ICC") then in force (the "ICC Rules") by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Agreements, and will be administered by the International Court of Arbitration of the ICC.

Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of [the relevant state or country described in clause 6.1], without regard to choice or conflicts of law principles.

6.3.4 Time for filing

Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

6.3.5 Modifications

In the event that Goongoonalo makes any future change to this arbitration provision (other than a change to Goongoonalo's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to Goongoonalo's address for Notice, in which case your account with Goongoonalo shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.

6.3.6 Enforceability

If the class action waiver at Section 6.2 is found to be unenforceable in arbitration or if any part of this Section 6.3 is found to be invalid or unenforceable, then the entirety of this Section 6.3 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 6.1 shall govern any action arising out of or related to the Agreements and you shall not be prevented from bringing proceedings at any time.

7. About these Terms

Under applicable law, you may have certain rights that can't be limited by a contract. These terms are in no way intended to restrict those rights.

Changes

We may make changes to these Terms (including any additional Goongoonalo terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means (before they take effect), including by posting a revised Agreement on the applicable Goongoonalo Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms, or other Goongoonalo terms and conditions, incorporating such changes, or otherwise notified you of such changes. Your access of the Goongoonalo Service following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue accessing the Goongoonalo Service under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.

Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Goongoonalo, these Terms constitute all the terms and conditions agreed upon between you and Goongoonalo and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.

Severability and Waiver

Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Goongoonalo or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive Goongoonalo's or the applicable third-party beneficiary's right to do so.

Assignment

Goongoonalo may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.

Goongoonalo Intellectual Property Policy

1. About This Policy

This Intellectual Property Policy describes how we handle claims of intellectual property infringement on Goongoonalo's websites, applications and services (the "Goongoonalo Services").

Goongoonalo respects intellectual property rights and expects its users to do the same. In using the Goongoonalo Services, users must comply with the Goongoonalo User Guidelines, as well as all applicable laws, rules, and regulations, and respect the intellectual property, privacy, and other rights of third parties.

2. Copyright

What is copyright

Copyright is a legal right that seeks to protect original works of authorship (e.g., music, artwork, books). The owner of a copyright has the exclusive right to make certain uses of a creative work including copying, distributing, and displaying that work. Generally, copyright protects original expression; it does not protect facts and ideas. Copyright also generally doesn't protect things such as names, titles and slogans; however, another legal right called a trademark may apply (see below).

There are some exceptions to copyright. For example, in certain countries, a non-rights holder may be allowed to use another's copyright if that use is fair, such as for the purposes of review, critique, or parody.

How to report copyright infringement

If you are a copyright holder, or their agent, and you believe that any material available via the Goongoonalo Services infringes your copyrighted work, please use this web form to submit a notice of alleged copyright infringement. Alternatively, a notice of alleged copyright infringement may be sent to Goongoonalo's designated copyright agent at the following address, with the following information:

1. Specific identification of each copyrighted work claimed to have been infringed;
2. A description of where the material believed to be infringing is located on the Goongoonalo Services or the Goongoonalo Websites (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
3. Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
4. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law (such as fair use); and
5. A statement that the information in the notification is accurate, and under penalty of perjury, the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.
6. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; and
7. A statement that you understand that your contact information and/or notice will be provided to the alleged infringing party, and retained as long as required for legal purposes.

Without the above, we may not have sufficient information to process your claim.

Goongoonalo's designated copyright agent can be reached as follows:

support@Goongoonalo.com

When you submit a copyright claim, Goongoonalo may pass your name and email address to the allegedly infringing party, and retain your information as long as required for legal purposes. Please note, fraudulent reports or other misuse of this process may result in the termination of your account and/or legal consequences. You may wish to consult an attorney before submitting a claim.

Goongoonalo also has a policy to terminate, in appropriate circumstances, the accounts of repeat infringers.

3. Trademark

What is trademark

A trademark is a word, slogan, symbol or design (e.g., brandname, logo) that distinguishes the products or services offered by one person, group, or company from another. Generally, trademark law seeks to prevent confusion among consumers about who provides or is affiliated with a product or service.

4. How We Handle Claims

Goongoonalo reviews claims that are received through the channels identified above. When we receive a claim, we'll evaluate it and take appropriate action, which may include removing the reported content or disabling access in a specific country (or countries). We may communicate with the claimant and the user or creator who provided the content regarding the action(s) we take, if we choose to not take action, or if we need further information to assess the claim.

Any content that infringes on another's copyright or trademark may be removed. Goongoonalo also has a repeat infringer policy, meaning that a user or creator responsible for multiple violations may have their account terminated. If content is reinstated following an appeal or because a rights holder is retracting a claim, our repeat infringer policy will reflect that accordingly.

If you believe your content or account has been mistakenly actioned, or if you would like to request another review of Goongoonalo's decision on your claim, you may have an opportunity to submit an appeal. Instructions concerning how to appeal are contained in the email correspondence we will send you regarding the claim.

In addition to reports from users and rights holders, we leverage a combination of automated and manual signals to detect and remove content that may infringe on another's intellectual property. We are continuously evolving our efforts to protect the intellectual property of creators.