GOOGOO.COM WEBSITE TERMS AND CONDITIONS OF USE

1. Terms

This website is owned by Standard Candy Company, Inc. (“Standard Candy”). By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use and all applicable laws and regulations. You further agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this website. The materials contained in this website are protected by applicable copyright and trademark law.

2. Login

You may be assigned a confidential login and password to access certain parts of the website in accordance with the terms of this Agreement (a "Login"). In order to receive a Login, you may be required to provide information about yourself. You agree to provide and maintain accurate information. You agree to maintain your Login in strict confidence and not: (i) disclose your Login to any other party; or (ii) allow any other party to access the website or to obtain any information from the website by use of your Login. If your Login is disclosed to any other party, you agree to immediately inform Standard Candy of such disclosure. You shall be responsible for all action taken or arising out of a misuse of your Login.

3. Use License

a. Permission is granted to temporarily download one copy of the materials (information or software) on the website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

i. modify or copy the materials;

ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

iii. attempt to decompile or reverse engineer any software contained on the website;

iv. remove any copyright or other proprietary notations from the materials; or

v. transfer the materials to another person or "mirror" the materials on any other server.

b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Standard Candy at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

4. Disclaimer

The materials on the website are provided "as is". Standard Candy makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Standard Candy does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this website.

5. Rules for Posting of Content

We may allow users to post content to certain publicly available locations on GooGoo.com. These forums may be hosted by us or by one of our third party service providers on our behalf. You agree in posting content to abide by the following rules:

a. You are responsible for all content you submit.

b. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with GooGoo.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the website a non-exclusive license to access your posted content, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted by the Service and this Agreement.

c. You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.

d. You may not post or transmit any message, data, image or program that would violate the rights of others.

e. You may not directly or indirectly interfere with other users’ use of the GooGoo.com website.

f. You may not post or transmit any offers, advertising, promotional materials, or solicitations unless specifically authorized by us.

g. You may not contact other users without their permission. You may not copy or use personal identifying or business contact information about other users without their permission.

h. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license and right to use any feedback, suggestions and/or ideas that you post or provide to us in any way.

6. No Control of Third Party Content; Notifications of Copyright Infringement

We do not control or endorse the opinions, advice, statements, offers, content, messages or information posted by users or other third parties (“Postings”). We specifically disclaim any responsibility for such Postings. Any Postings are those of the respective users or other third parties. We do not endorse such Postings, and we are not responsible for the accuracy of any such Postings made by any person other than us.

If you believe that a copyrighted work has been posted to GooGoo.com without permission or in a way that constitutes copyright infringement, you must provide us with the following: (i) an electronic or physical signature of the owner (or the owner’s agent) of the copyrighted work; (ii) sufficient detail to identify the copyrighted work claimed to have been infringed; (iii) sufficient detail to identify the material that is claimed to be infringing and its location on the web site; (iv) your name and your contact information, including your telephone number and email address; (v) your written statement that you have a good faith belief that the use is not authorized by the owner, the owner’s agent or by law; and (vi) your statement that the infringement claim you are making is accurate and, under penalty of perjury, that you are the owner of the copyright or are authorized to submit the claim on behalf of the owner.
Our address for infringement notices is:

Goo Goo Cluster, LLC
715 Massman Drive
Nashville, TN 37210

7. Limitations

In no event shall Standard Candy or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the website, even if Standard Candy or its authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

8. Revisions and Errata

The materials appearing on the website could include technical, typographical, or photographic errors. Standard Candy does not warrant that any of the materials on its website are accurate, complete, or current. Standard Candy may make changes to the materials contained on its website at any time without notice. Standard Candy does not, however, make any commitment to update the materials.

9. Links

Standard Candy has not reviewed all of the sites linked to this website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Standard Candy of the third-party site. Use of any such linked website is at your own risk.

10. Electronic Agreement and Counterparts

You agree that all transactions between the parties may be executed by electronic means and/or in counterparts. You may print a paper copy of this Agreement to retain for your records. Please direct your inquiries related to the website or these Terms of Use to: info@googoo.com.

11. Website Terms of Use Modifications

Standard Candy may revise these terms of use for its website at any time without notice. By using this website you are agreeing to be bound by the then-current version of these Terms and Conditions of Use.

12. Governing Law

Any claim relating to the website shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions.