TERMS OF USE AGREEMENT BETWEEN USER
AND THE GOWORLD PROJECT

PROPRIETARY RIGHTS

All materials on this website (as well as the organization and layout of the website) are owned and copyrighted, licensed by, or used with permission that is granted to GoWorld.  No reproduction, distribution, or transmission of the copyrighted materials at this website is permitted without the prior written permission of GoWorld.

YOUR VIDEOS

If you use this website to participate in the Project, you agree to accept responsibility for all activities that occur in connection with your video.  If your status as a user of this website is terminated, you will stop using the website and any information obtained from the website.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this website, you warrant to GoWorld that you will not use this website for any purpose that is against the law or prohibited by these terms.  If you violate any of these terms, your permission to use this website automatically ends.

You may not without our prior written permission use any computer code, data mining software, "robot," "bot," "spider," "scraper," or other automatic device, or program, algorithm, or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data, or content found on this website or accessed through this website.  You may not republish GoWorld content or other content from this website on another website or use in-line or other linking to display such content without our permission.  You may not introduce viruses, spyware, or other malicious code to this website.  You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our website is virus free.

If you are under the age of 13, you may not use this website. 

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE VIDEOS AND OTHER CONTENT OFFERED AT THE WEBSITE IS AT YOUR SOLE RISK.  THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  GoWorld EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER GoWorld NOR THE INDIVIDUALS LISTED ON THE "ABOUT US" PAGE (COLLECTIVELY, THE "RELEASED PARTIES") SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR PROJECT VIDEOS; (ii) PERSONAL INJURY OR PROPERTY DAMAGE IN ANY WAY RELATING TO YOUR USE OF THE WEBSITE OR PRODUCTION OF PROJECT VIDEOS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR VIDEOS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, USER CONTENT OR THE PROJECT.  IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT SERVICES, IF ANY, OR $100, WHICHEVER IS GREATER.

LINKS TO THIRD PARTY SITES

This website may contain hyperlinks to websites operated by parties other than GoWorld or its affiliates.  Such hyperlinks are provided for your reference only.  We do not control such websites and are not responsible for their content.  If we post hyperlinks to other websites, this does not mean that we endorse the material on such websites or associate ourselves with their operators.  Your access to and use of such websites, including information, material, products, and services on such website, is solely at your own risk.  Furthermore, because the GoWorld privacy policy is applicable only when you are on our website, once linked to another website, you should read that site's privacy policy before disclosing any personal information.

LINKS TO OUR WEBSITE

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our website so long as (i) the link or your linking website does not portray GoWorld, our affiliates, or the Project in a false, misleading, derogatory, or otherwise offensive matter; (ii) your linking website complies with all applicable law and does not otherwise violate this Agreement or the rights of others; and (iii) your website has, maintains, and follows a privacy policy no less protective of user data than the privacy policy of this website.  You may not use any GoWorld logo or other proprietary graphic or trademark as part of the link without express written permission.  We may revoke this license at any time, with or without cause, in which case you agree to immediately remove the hyperlink.  You may not link to any page other than the home page of this website.  Any link to our website should be a full forward link that passes the client browser to our home page without barriers.  The "back" button should return the visitor to original site if the visitor wishes to back out.

USE OF SUBMISSIONS, NO COMPENSATION

Should you upload videos for the Project or respond with information including feedback or data such as questions, comments, suggestions, or the like, regarding the content of this website, such information will be deemed to be non-confidential.  We will have no obligation of any kind with respect to such information and will be free to reproduce, use, disclose, and distribute the information to others without limitation.  You grant us a royalty free, non-exclusive perpetual right and license to use, copy, distribute, bundle, sell and modify user content, videos, and any ideas, concepts, know-how, or techniques contained in such submission for any purpose whatsoever including but not limited to developing, manufacturing, and marketing the Project and producing videos for display or sale on the Internet and in other media.  You may not grant exclusive rights in any uploaded videos to any third party.  You will NOT be compensated for such use in any way.

USER CONTENT/INTERACTIVE AREAS

We may offer the opportunity for you to contribute your videos, ideas, comments, questions, and other communications to or from the website (the "User Content") in message boards, chat rooms, email, and other features of the website ("User Areas") that may be offered from time to time and may be operated by GoWorld or by a third party.

We provide user comment forums merely as a forum for enabling participants to communicate about the Project and user videos.  GoWorld does not exert editorial control over information or materials posted by third parties in these areas.  GoWorld is not responsible for monitoring any materials posted by any third party or for verifying that such information or materials are accurate, timely, reliable, suitable, complete, non-infringing, or free from technical defects.  These limitations of warranties and liability apply to all interactive forums.

We are not liable for any harm caused by the transmission, via the use of a list, of a computer virus, or other computer code, or programming device affecting your software, hardware, data, or property. 

You are solely responsibility for the content that you post to the interactive forums and you agree to indemnify and hold GoWorld, its affiliates, officers, and employees harmless from any claim, demand, or expense (including attorneys' fees) due to or arising out of your use of the interactive forum or any information or materials provided on such interactive forum.

You will not (nor cause any third party to) use the website to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights (such as rights of privacy) of others or immoral activities or any of the following types of activities, without limitation:

a.         transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

b.         transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

c.         impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;

d.         advertising or commercial content;

e.         interfering with or disrupting the website;

f.          disrupting the activities or enjoyment of the website for other users; or

g.         collecting, or storing personal data about other users.

You agree to abide by all applicable local, state, and federal laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including without limitation any User Content you create or upload.

You acknowledge that User Content is not endorsed by GoWorld and such user content should not be considered to have been reviewed, screened, or approved by GoWorld.  You should exercise discretion before relying on information contained in user content.

We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the website, and remove any User Content from a User Area, at any time and for any or no reason.  GoWorld will not be liable to you or any third party for any termination of your access to the website or deletion of any User Content on the website.

We may preserve and disclose User Content if required to do so by law or we believe in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to a claim that User Content violates any third party's rights, or protect the right, property, or personal safety of GoWorld, any users of the website, and the public.

We will not be liable for the collection, use, or disclosure of any personal information by, in or through a User Area offered by a third party.  In such circumstances, you must refer to any terms of service and privacy statement of the third party offering the User Area.

Subject to applicable law and privacy policy, any videos uploaded by you and any communications posted by you in a User Area (including without limitation User Content) are on a non-confidential basis, and we are under no obligation to refrain from reproducing, publishing, or otherwise using them in any way or for any purpose.  We are free to use the content of any such communication, including without limitation any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing of the Project and related videos.  You will be responsible for the content and information contained in any communication sent by you to this website or otherwise to GoWorld, including without limitation for its truthfulness and accuracy.

CHANGES TO WEBSITE

We may make improvements or changes in the information, services, products, and other materials on this website, or terminate this website at any time.  We may modify this Agreement at any time, and such modifications will be effective immediately upon posting of the modified Agreement.  Accordingly, you agree to review the Agreement periodically, and your continued access or use of this website will be deemed your acceptance of the modified Agreement.

DISPUTE RESOLUTION

You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the website or the services provided on the website will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association ("AAA") Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator's decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Colorado law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the GoWorld rules exceed $125, and you are unable to pay the additional fees and deposits, GoWorld retains the right to forward them to the GoWorld on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, GoWorld retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.  You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.

MISCELLANEOUS

This website is intended to and directed to residents of the United States and all advertising claims contained in this website are valid only in the United States.  This Agreement and the resolution of any dispute related to this Agreement or this website will be governed by and construed in accordance with the laws of Colorado, without giving effect to any principles of conflicts of law.  Failure by GoWorld to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.  [Any legal action or proceeding between GoWorld and you related to this Agreement will be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Colorado, County of Denver.]  If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term.

GoWorldGoWorld, IWG, and other logos, product and service names are trademarks and service marks owned by or licensed to GoWorld or its affiliates (the "Marks").  Without the prior written permission of GoWorld, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.  GoPro is a trademark of Woodman Labs, Inc.

All other trademarks are the property of their respective owners.

Infringement Claims/Copyright Agent

If you believe that any material contained on the website infringes your copyright or other intellectual property rights, you should notify GoWorld of your copyright infringement claim in accordance with the following procedure.  GoWorld will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.  The DMCA requires that notifications of claimed copyright infringement should be sent to this website's Designated Agent who is:

By mail:          DMCA Copyright Agent

c/o GoWorld

P.O. Box 1054

Boulder, CO 80306-1054

By phone:      (303) 324-2553

By fax:             (xxx) xxx-xxx

By email:       DMCAcopyrightagent@GoWorldProject.com

 

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

  • Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of 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 permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Emails sent to ____contact@GoWorldProject.com_____________________ for purposes other than communication about copyright claims may not be acknowledged or responded to.

We will, in appropriate circumstances, terminate repeat infringers.  If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact GoWorld and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.