Terms & Conditions
Welcome to Gosh!
We've drafted these Terms of Service (which we
simply call the "Terms") so that you'll know the rules that govern our
relationship with you. Although we have tried our best to strip the
legalese from the Terms, there are places where these Terms may still read
like a traditional contract. There's a good reason for that: These Terms
do indeed form a legally binding contract between you and BYTEFEATHER
SOLUTIONS YAZILIM LIMITED SIRKETI. So please read them carefully.
By
using the Services, you agree to the Terms. Of course, if you don't agree
with them, then don't use the Services.
The following Terms of
Service outline your obligations when using our mobile application (“App”)
or Service (as defined herein), or any of the information, text, graphics,
videos, or other files, materials, data or content of any kind whatsoever
created or provided by or through the App or the Service or through your
ability to sell products on the App and generate User Contributed Content
(as defined herein). Please also review our Privacy Policy, which is a
part of these Terms of Service and which outlines our practices towards
handling any personal information that you may provide to us.
The App
and the Service are owned and operated by BYTEFEATHER SOLUTIONS YAZILIM
LIMITED SIRKETI. (“Gosh,” “we,” or “us”) and are accessed by you under the
Terms of Service described herein (“Terms of Service” or “Agreement”).
Please read these Terms of Service carefully before using the App or the
Service. By accessing the App or using any part of the Service, you agree
to become bound by these terms and conditions. If you do not agree to all
these terms and conditions, then you may not access the App or use the
Service. Nothing in this Agreement shall be deemed to confer any third
party rights or benefits.
1. Who Can Use the Services
No
one under 18 is allowed to create an account or use the Services. We may
offer additional Services with additional terms that may require you to be
even older to use them. So please read all terms carefully.
By using
the Services, you state that:
- You can form a binding contract with
Gosh;
- You will comply with these Terms and all applicable local,
state, national, and international laws, rules, and regulations.
If
you are using the Services on behalf of a business or some other entity,
you state that you are authorized to grant all licenses set forth in these
Terms and to agree to these Terms on behalf of the business or entity.
No
one under 18 is allowed to create an account or use the Services.
You
hereby warrant that you are at least 18 years old. In the event that the
information you provide in this regard is not truthful, Gosh shall not be
liable as it cannot verify the age of its users. If you are under 18 years
old, do not attempt to register or use the App or the Service. If you are
under the age of 18, you may use the Service, with or without registering,
only with the approval of your parent or guardian. In addition, you should
review these terms with your parent or guardian to make sure that you and
your parent or guardian understand and agree with these terms.
2.
Rights We Grant You
Gosh grants you a personal, worldwide,
royalty-free, non-assignable, nonexclusive, revocable, and
non-sublicensable license to access and use the Services. This license is
for the sole purpose of letting you use and enjoy the Service's benefits
in a way that these Terms and our usage policies.
Any software that
we provide you may automatically download and install upgrades, updates,
or other new features. You may be able to adjust these automatic downloads
through your device's settings.
You may not copy, modify, distribute,
sell, or lease any part of our Services, nor may you reverse engineer or
attempt to extract the source code of that software, unless applicable
laws prohibit these restrictions or you have our written permission to do
so.
3. Rights You Grant Us
Many of our Services let you
create, upload, post, send, receive, and store content. When you do that,
you retain whatever ownership rights in that content you had to begin
with. But you grant us a license to use that content. How broad that
license is depends on which Services you use and the Settings you have
selected.
For all Services, you grant Gosh a worldwide, royalty-free,
sublicensable, and transferable license to host, store, use, display,
reproduce, modify, adapt, edit, publish, and distribute that content. This
license is for the limited purpose of operating, developing, providing,
promoting, and improving the Services and researching and developing new
ones.
Because Local is inherently public and chronicle matters of
public interest, the license you grant us for content submitted to those
Services is broader. In addition to the rights you grant us in connection
with other Services, you also grant us a perpetual license to create
derivative works from, promote, exhibit, broadcast, syndicate, publicly
perform, and publicly display content submitted to Local or any other
crowd-sourced Services in any form and in any and all media or
distribution methods (now known or later developed). To the extent it's
necessary, you also grant Gosh and our business partners the unrestricted,
worldwide, perpetual right and license to use your name, likeness, Local
content that you upload or send. This means, among other things, that you
will not be entitled to any compensation from Gosh or our business
partners if your name, likeness or Local.
While we're not required to
do so, we may access, review, screen, and delete your content at any time
and for any reason, including if we think your content violates these
Terms. You alone though remain responsible for the content you create,
upload, post, send, or store through the Service.
The Services may
contain advertisements. In consideration for Gosh letting you access and
use the Services, you agree that Gosh, its affiliates, and third-party
partners may place advertising on the Services.
We always love to
hear from our users. But if you volunteer feedback or suggestions, just
know that we can use your ideas without compensating you.
You agree
to receive emails or text messages about its management and operation sent
by this website.
4. The Content of Others
Much of the
content on our Services is produced by users, publishers, and other third
parties. Whether that content is posted publicly or sent privately, the
content is the sole responsibility of the person or organization that
submitted it. Although Gosh reserves the right to review all content that
appears on the Services and to remove any content that violates these
Terms, we do not necessarily review all of it. So we cannot—and do
not—take responsibility for any content that others provide through the
Services.
Through these Terms, we make clear that we do not want the
Services put to bad uses. But because we do not review all content, we
cannot guarantee that content on the Services will always conform to our
Terms.
We do not endorse, support, represent or guarantee the
truthfulness, accuracy, or reliability of any content contributed by users
or endorse any of the opinions expressed therein. You agree to waive, and
hereby do waive, any legal or equitable rights or remedies you have or may
have against us with respect thereto. You acknowledge that any reliance on
User Contributed Content of any Gosh user will be at your own risk.
5.
Privacy
Your privacy matters to us. You can learn how we handle your
information when you use our Services by reading our privacy policy. We
encourage you to give the privacy policy a careful look because, by using
our Services, you agree that Gosh can collect, use, and transfer your
information consistent with that policy.
6. Respecting Other
People's Rights
Gosh respects the rights of others. And so should
you. You therefore may not upload, send, or store content that:
-
violates or infringes someone else's rights of publicity, privacy,
copyright, trademark, or other intellectual-property right;
-
bullies, harasses, or intimidates;
- defames, or spams or solicits
Gosh's users;
- is inappropriate to other users or illegal,
including, but not limited to, anything that is defamatory, inaccurate,
unlawful, harmful, threatening, abusive, harassing, vulgar, offensive,
obscene, pornographic, hateful, or promotes violence, discrimination,
bigotry, racism, or hatred, as determined by Gosh in its sole
discretion;
- introduces viruses, time-bombs, worms, cancelbots,
Trojan horses and/or other harmful code, - is reverse look-up or trace any
information of any other User or visitor or otherwise use the Services for
the purpose of obtaining information of any User or visitor;
-
attempts to gain unauthorized access to any portion of the Services, or
any systems or networks by hacking, password "mining" or any other
illegitimate means;
- uses any "deep-link", "page-scrape", "robot",
"spider" or other automatic device, program, algorithm or methodology, or
any manual process to access, acquire, copy or monitor any portion of the
Services or any data or materials contained therein or obtain or attempt
to obtain any materials, documents or information through any means not
purposely made available through the System;
- asks or offers
sexually explicit images or engage in any activity harmful to minors or
otherwise violates these terms.
You must also respect Gosh's rights.
These Terms do not grant you any right to:
- use branding, logos,
designs, photographs, videos, or any other materials used in our
Services;
- copy, archive, download, upload, distribute, syndicate,
broadcast, perform, display, make available, or otherwise use any portion
of the Services or the content on the Services except as set forth in
these Terms;
- use the Services or any content on the Services for
any commercial purposes without our consent.
In short: You may not
use the Services or the content on the Services in ways that are not
authorized by these Terms. Nor may you help or enable anyone else in doing
so.
We reserve the right at all times (but will not have an
obligation) to remove or refuse to distribute any content contributed by
Gosh users, such as content which violates these Terms of Service. We also
reserve the right to access, read, preserve, and disclose any information
as we reasonably believe is necessary to:
- satisfy any applicable
law, regulation, legal process or governmental request;
- enforce
these Terms of Service, including investigation of potential violations
hereof;
- detect, prevent, or otherwise address fraud, security or
technical issues;
- respond to member support requests, or protect
our rights, property or safety, and that of our users and the public.
We
will not be responsible or liable for the exercise or non-exercise of this
right under these Terms of Service.
You understand that by using or
accessing the App or the Service you may be exposed to content that might
be offensive, harmful, inaccurate or otherwise inappropriate material, or
in some cases, postings that have been mislabeled or are otherwise
deceptive. Under no circumstances will we be liable in any way for any
content or communications, including, but not limited to, any errors or
omissions in any form of User Contributed Content, or any loss or damage
of any kind incurred as a result of the use of any Gosh content or content
posted by users which are posted, emailed, transmitted or otherwise made
available on the App or through the Service.
7. Respecting
Copyright
You agree to only upload, post, submit or otherwise
transmit User Contributed Content: (i) that you have the lawful right to
use, copy, distribute, transmit, or display; and (ii) that does not
infringe the intellectual property rights or violate the privacy rights of
any third party (including, without limitation, copyright, trademark,
patent, trade secret, or other intellectual property right, or moral right
or right of publicity). Gosh respects the legal rights of others, and asks
that its users do the same.
Gosh honors the requirements set forth in
the Digital Millennium Copyright Act. We therefore take reasonable steps
to expeditiously remove from our Services any infringing material that we
become aware of. And if Gosh becomes aware that one of its users has
repeatedly infringed copyrights, we will take reasonable steps within our
power to terminate the user's account.
We make it easy for you to
report suspected copyright infringement. If you believe that anything on
the Services infringes a copyright that you own or control, please fill
out this form. Or you may file a notice with us: [email protected]
If
you file a notice with our Copyright Agent, must:
- contain the
physical or electronic signature of a person authorized to act on behalf
of the copyright owner;
- identify the copyrighted work claimed to
have been infringed;
- identify 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 let us locate the material;
- provide your contact
information, including your address, telephone number, and an email
address;
- provide a personal statement that you have a good-faith
belief that the use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and
-
provide 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 copyright owner.
8. Safety
We try hard to keep our
Services a safe place for all users. But we cannot guarantee it. That's
where you come in. By using the Services, you agree that:
- You will
not use the Services for any purpose that is illegal or prohibited in
these Terms.
- You will not use any robot, spider, crawler, scraper,
or other automated means or interface to access the Services or extract
other user's information.
- You will not use or develop any
third-party applications that interact with the Services or other users'
content or information without our written consent.
- You will not
use the Services in a way that could interfere with, disrupt, negatively
affect, or inhibit other users from fully enjoying the Services, or that
could damage, disable, overburden, or impair the functioning of the
Services.
- You will not use or attempt to use another user's
account, username, or password without their permission.
- You will
not solicit login credentials from another user.
- You will not post
content that contains pornography, graphic violence, threats, hate speech,
guns or other weaponry, or incitements to violence.
- You will not
upload viruses or other malicious code or otherwise compromise the
security of the Services.
- You will not attempt to circumvent any
content-filtering techniques we employ, or attempt to access areas or
features of the Services that you are not authorized to access.
- You
will not probe, scan, or test the vulnerability of our Services or any
system or network.
- You will not encourage or promote any activity
that violates these Terms.
We have the right to investigate and
prosecute violations of any of the above, including intellectual property
rights infringement and App security issues, to the fullest extent of the
law. We may involve and cooperate with law enforcement authorities in
prosecuting Gosh users who violate these Terms of Service. You acknowledge
that we have the right to monitor your access to or use of the App and/or
the Service for operating purposes, to ensure your compliance with these
Terms of Service, or to comply with applicable law or the order or
requirement of a court, administrative agency or other governmental
body.
We also care about your safety while using our Services. So do
not use our Services in a way that would distract you from obeying traffic
or safety laws. And never put yourself or others in harm's way.
9.
Your Account
You are responsible for any activity that occurs in your
account. So it's important that you keep your account secure. One way to
do that is to select a strong password that you don't use for any other
account.
By using the Services, you agree that, in addition to
exercising common sense:
- You will not create more than one account
for yourself.
- You will not create another account if we have
already disabled your account, unless you have our written permission to
do so.
- You will not buy, sell, rent, or lease access to your Gosh
account without our written permission.
- You will not share your
password.
- You will not log in or attempt to access the Services
through unauthorized third-party applications or clients.
If you
think that someone has gained access to your account, please immediately
reach out to Gosh Support at: [email protected]
10. Data Charges
and Mobile Phones
You are responsible for any mobile charges that you
may incur for using our Services, including text-messaging and data
charges. If you're unsure what those charges may be, you should ask your
service provider before using the Services.
11. Third-Party
Services
If you use a service, feature, or functionality that is
operated by a third party and made available through our Services
(including Services we jointly offer with the third party), each party's
terms will govern the respective party's relationship with you. Gosh is
not responsible or liable for those third party's terms or actions taken
under the third
12. Modifying the Services and Termination
We're
relentlessly improving our Services and creating new ones all the time.
That means we may add or remove features, products, or functionalities,
and we may also suspend or stop the Services altogether. We may take any
of these actions at any time, and when we do, we may not provide you with
any notice beforehand.
Gosh may also terminate these Terms with you
at any time, for any reason, and without advanced notice. That means that
we may stop providing you with any Services, or impose new or additional
limits on your ability to use the Services. For example, we may deactivate
your account due to prolonged inactivity or inappropriate behavior, and we
may reclaim your username at any time for any reason.
13.
Indemnity
You agree, to the extent permitted under applicable law, to
indemnify, defend, and hold harmless Gosh, our directors, officers,
employees, and affiliates from and against any and all complaints,
charges, claims, damages, losses, costs, liabilities, and expenses
(including attorneys' fees) due to, arising out of, or relating in any way
to: (a) your access to or use of the Services; (b) your content; and (c)
your breach of these Terms.
14. Disclaimers
We try to keep
the Services up and running and free of annoyances. But we make no
promises that we will succeed.
The services are provided "as is" and
"as available" and to the extent permitted by applicable law without
warranties of any kind, either express or implied, including, but not
limited to, implied warranties of merchantability, fitness for a
particular purpose, title, and non-infringement. In addition, while gosh
attempts to provide a good user experience, we do not represent or warrant
that: (a) the services will always be secure, error-free, or timely; (b)
the services will always function without delays, disruptions, or
imperfections; or (c) that any gosh content, user content, or information
you obtain on or through the services will be timely or accurate.
gosh
takes no responsibility and assumes no liability for any content that you,
another user, or a third party creates, uploads, posts, sends, receives,
or stores on or through our services. you understand and agree that you
may be exposed to content that might be offensive, illegal, misleading, or
otherwise inappropriate, none of which gosh will be responsible for.
15.
Limitation of Liability
To the maximum extent permitted by law, Gosh
and our managing members, shareholders, employees, affiliates, licensors,
and suppliers will not be liable for any indirect, incidental, special,
consequential, punitive, or multiple damages, or any loss of profits or
revenues, whether incurred directly or indirectly, or any loss of data,
use, goodwill, or other intangible losses, resulting from: (a) your access
to or use of or inability to access or use the services; (b) the conduct
or content of other users or third parties on or through the services; or
(c) unauthorized access, use, or alteration of your content, even if gosh
has been advised of the possibility of such damages. In no event will
Gosh's aggregate liability for all claims relating to the services exceed
the greater of $100 usd or the amount you paid Gosh, if any, in the last
12 months.
Some jurisdictions do not allow the exclusion or
limitation of certain damages, so some or all of the exclusions and
limitations in this section may not apply to you.
16.
Arbitration
This Gosh shall be construed and governed by the laws of
Australia. Any and all disputes shall be first settled by the
Parties’amicable negotiation. If the negotiation fails, the dispute shall
be submitted to Australia International Arbitration Centre for arbitration
in accordance with the arbitration rules in force when applied. The venue
will be Australia. The arbitral award shall be final and binding upon the
parties.
17. Choice of Law
Except to the extent they are
preempted by the laws of Australia, other than its conflict-of-laws
principles, govern these Terms and any disputes arising out of or relating
to these Terms or their subject matter, including tort claims.
18.
Severability
If any provision of these Terms is found unenforceable,
then that provision will be severed from these Terms and not affect the
validity and enforceability of any remaining provisions.
19.
Additional Terms for Specific Services
Given the breadth of our
Services, we sometimes need to craft additional terms and conditions for
specific Services. Those additional terms and conditions, which will be
available with the relevant Services, then become part of your agreement
with us if you use those Services.
20. Final Terms
- These
Terms make up the entire agreement between you and Gosh, and supersede any
prior agreements.
- These Terms do no create or confer any
third-party beneficiary rights.
- If we do not enforce a provision in
these Terms, it will not be considered a waiver.
- We reserve all
rights not expressly granted to you.
- You may not transfer any of
your rights or obligations under these Terms without our consent.
-
These Terms were written in English and to the extent the translated
version of these Terms conflict with the English version, the English
version will control.
Contact Us
Gosh welcomes comments,
questions, concerns, or suggestions. Please send feedback to us by
visiting https://gosh0.com
Gosh is operated by BYTEFEATHER
SOLUTIONS YAZILIM LIMITED SIRKETI.