AGOGO Service Terms of Use

IMPORTANT – READ CAREFULLY

THE AGOGO SERVICE TERMS OF USE ("TERMS OF USE") IS A LEGALLY BINDING AGREEMENT BETWEEN YOU (“YOU” AND “YOUR”) AND AGOGO AMALGAMATED, INC., A DELWARE CORPORATION ("AGOGO","WE", "OUR").

BY USING THE AGOGO SERVICE YOU ARE INDICATING THAT YOU HAVE READ THESE TERMS OF USE AND OUR PRIVACY POLICY (AS APPLICABLE) (COLLECTIVELY THE “AGREEMENT”) AND YOU UNDERSTAND, AND YOU CONSENT TO BE BOUND BY, ALL THE TERMS AND CONDITIONS OF THE AGREEMENT. THESE TERMS OF USE SET FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF ANY VERSION OF THE AGOGO SERVICE. IF YOU DO NOT AGREE TO ALL OF THE TERMS CONTAINED IN THESE TERMS OF USE AND THE TERMS OF THE AGREEMENT, YOU SHOULD NOT USE THE AGOGO SERVICE.

The Terms of Use apply to Your use of the AGOGO Service (as defined below). As used herein, AGOGO refers to AGOGO Inc. and its divisions, subsidiaries, successors, parent companies, and its directors, officers, employees, partners, principals, agents and representatives.

AGOGO reserves the right, in its sole discretion, to change, add or remove portions of these Terms of Use at any time and all rights that it may have in law or equity to enforce the terms of these Terms of Use. It is Your responsibility to check these Terms of Use each time before using the AGOGO Service. Your continued use of the AGOGO Service following the posting of changes will mean that You accept and agree to the changes. Because they are binding upon You and govern Your relationship with AGOGO, You should visit this page from time to time to review the then-current Terms of Use.

  1. Description of the AGOGO Service

The “AGOGO Service” provides news, music, talk and entertainment programming (the "Service") in on-demand and streaming formats from media sources.

(the foregoing, collectively the “ Service ” or “ AGOGO Service ”).

  1. Usage Rules

You understand and agree that Your use of the Service is limited is subject to Your prior acceptance of the terms of this Agreement. The AGOGO Service may be used solely for its intended purpose. Unless otherwise expressly authorized in this Agreement, any reproduction, redistribution, transmission, sale, broadcast, public performance, sharing, rental or lending, adaptation, sub-license, modification, promotion, commercial use, sale, transfer, assignment or other use of the Service provided through the AGOGO Service is a violation of copyright law and is expressly prohibited.

  1. Security

You understand and agree that the AGOGO Service, and links accessed through the AGOGO Service, include a security framework using technology that is designed to protect digital information and may limit Your access and use of the AGOGO Service according to the Usage Rules and terms of this Agreement.

You agree not to violate, or attempt to violate, the Usage Rules, any security components of the AGOGO Service or security technology or software. You agree not to, nor attempt to, nor encourage or assist a third party to or to attempt to, violate, circumvent, modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components used to administer the AGOGO Service or related to such Usage Rules for any reason. You agree to abide by the rules and policies established from time to time by AGOGO. Such rules and policies will be applied generally in a nondiscriminatory manner to users of the AGOGO Service and software, and may include, for example, required or automated updates, modifications, and/or reinstallations of the software and obtaining available patches to address security, interoperability, and/or performance issues.

You agree that Your use of the AGOGO Service constitutes Your acceptance of and agreement to use the Service solely in accordance with the applicable Usage Rules, and that any other use of the AGOGO Service will constitute a breach of this Agreement and may constitute a violation of law, including copyright infringement. Any security technology, as applicable, is an included as part of the AGOGO Service.

  1. Terms of Use

You warrant represent and undertake that You will not use the AGOGO Service:

  • to violate the copyright, trademark or other intellectual property rights or any proprietary rights.

  • in any way that may damage the reputation of AGOGO, its related companies, officers, directors, employees, affiliates, advertisers, or other parties;

  • to forge headers or otherwise manipulate identifiers in order to disguise the origin of any links included in the AGOGO Service;

  • to attempt to gain unauthorized access to, interfere with or disrupt the AGOGO Service or servers or networks connected to the AGOGO Service, or disobey any requirements, procedures, policies or regulations of networks connected to the AGOGO Service;

  • to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

  • change or manipulate any data associated with the Service, or any part of the AGOGO Service, other than as expressly permitted herein, harvest, collect, or store personal data about other users in connection with the prohibited conduct and activities set forth herein.

  • In using the AGOGO Service You agree to comply with any applicable local, state, national or international law, and any regulations having the force of law.

  • You will not access or use the AGOGO Service by any means other than as provided by AGOGO, will not make any automated use of the AGOGO Service (such as through scripts, data mining, robots, screen scraping, or similar data gathering and extraction tools) or interfere with, disrupt or create an undue burden on the AGOGO Service or the networks or services connected to the AGOGO Service. You agree not to modify the AGOGO Service in any manner or form, or to use modified versions of the AGOGO Service for any purposes including obtaining unauthorized access to the AGOGO Service. Violations of system or network security, including without limitation the Usage Rules, may result in civil or criminal liability.

  • Any unauthorized reproduction, publication, further distribution or public exhibition of the AGOGO Service or materials provided on the AGOGO Service in whole or in part, is strictly prohibited.

  • You agree not to attempt to resell, redistribute, broadcast or transfer the information or use the information derived from the Service in a searchable, machine-readable database without express written permission from AGOGO;

  • You agree not to uses the Service to collect personally identifying information about users of the Service in violation of our Privacy Policy ;

  • You agree not to impersonate another user or any other person or entity without express authorization therefrom;

  • You agree not to disguise a file type to thwart our detection processes; attempt to gain unauthorized access to other computer systems or networks connected to the Service or portions of the Service which are not made available for general public access; improperly assumes or claim the identity, characteristics or qualifications of another person; use the Service for purposes of spamming;

Despite these prohibitions, the content accessible through the Service may contain inaccurate, inappropriate, offensive or sexually explicit material which has not been approved or authorized by AGOGO. AGOGO assumes no responsibility or liability for such material. AGOGO does not monitor or review the content of other party's websites, applications or content otherwise made available via links to or from the Service. AGOGO should not be regarded as the publisher of such opinions or material. Please be aware that AGOGO is not responsible for the privacy practices, or content of these sites. AGOGO encourages users to read the privacy statements of these platforms. You should evaluate the security and trustworthiness of any other platform connected to the AGOGO Serivice yourself, before disclosing any personal information to them. AGOGO will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

  1. System Requirements

Use of the AGOGO Service requires devices including but not limited to a mobile device, the internet and certain software. You acknowledge and agree that such system requirements, which may change from time to time, are Your sole responsibility.

  1. Eligibility

The Service is available for individuals aged 13 years or older. If You are older than 13 years of age but under 18 years of age You should review this Agreement with a parent or guardian prior to using the AGOGO Service to ensure You fully understand the terms and conditions. The Service is intended solely for users who have a valid physical address in the United States [ and are physically located in the United States.

  1. Your Information

You shall provide accurate, current and complete information as may be required in the course of using the AGOGO Service. You agree that AGOGO shall be entitled to store such data in accordance with the terms of Our Privacy Policy .

  1. Third Party Software and Services

The AGOGO Service may be integrated with other services and software provided by third parties, including via Apple. If You access the AGOGO Service through a third party application or other interface, or use any third party software or other products in connection with the AGOGO Service, You may be subject to additional terms and conditions.

  1. Intellectual Property

You represent, warrant and agree that You are using the AGOGO Service hereunder for Your own personal, noncommercial entertainment use and not for redistribution of any kind.

All Intellectual Property is the sole and exclusive property of its respective owners, which includes AGOGO, Except as expressly authorized by the owner of the Intellectual Property, you agree not to sell, rent, lease, loan, assign, sublicense, distribute, or otherwise transfer, copy or reproduce, modify, publicly perform or display, broadcast, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of such Intellectual Property other than as expressly authorised in this Agreement.

AGOGO owns the copyright in and to the AGOGO Service. Any use of the AGOGO Service otherwise than in accordance with this Agreement is strictly prohibited and infringes the intellectual property rights of others for which You may be liable.

AGOGO is the trademark, domain name, and/or service mark of AGOGO, Inc. All other trademarks, domain names, or service marks are property of their respective owners. Use of any AGOGO trademarks or service marks without its express written consent is strictly prohibited.

11. Notices and Procedure for Making Claims of Copyright Infringement

If you believe that any material contained in the Service infringes your copyright, please notify AGOGO of your copyright infringement claim in accordance with the following procedure.

AGOGO will process notices of alleged infringement which it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the "DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to AGOGO's Designated Agent.

( Via email)

Copyright Agent
AGOGO Amalgamated, Inc.
dmca@AGOGO.com
Subject Line: AGOGO DMCA


(Via Physical Mail Carrier)

AGOGO Amalgamated, Inc., Attention: J.D. Heilprin
1475 Folsom Street, San Francisco, CA 94103

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 in that Service;

  • 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 AGOGO to locate the material;

  • Information reasonably sufficient to permit AGOGO to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail 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;

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

E-mails sent to dmca@AGOGO.com without a proper subject line, or for purposes other than communication about copyright claims, may not be acknowledged or responded to.





12. Indemnity and Waiver

You agree to indemnify and hold AGOGO and its subsidiaries, affiliates, directors, officers, agents, employees, partners and licensors, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of the AGOGO Service, Your violation of these Terms of Use, Your violation of any rights of another, including any intellectual property rights, any action taken by AGOGO as part of their investigation of a suspected violation of these Terms of Use or as a result of AGOGO’s finding or decision that a violation of these Terms of Use has occurred.

YOU HEREBY WAIVE ANY RIGHT TO SUE OR RECOVER ANY DAMAGES FROM AGOGO, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, FRANCHISEES AND LICENSORS AS A RESULT OF AGOGO’S DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE AGOGO SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF AGOGO’S CONCLUSION THAT A VIOLATION OF THESE TERMS OF USE MAY HAVE OCCURRED.

THIS INDEMNITY AND WAIVER PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS OF USE.

13. Discontinuation/Removal of the Service or Links

Notwithstanding any other provision of these Terms of Use, AGOGO and its licensors reserve the right to change, suspend, remove, or disable access to the AGOGO Service or any products, other materials or links comprising a part of or made available through the AGOGO Service at any time without notice. In no event will such parties be liable for the removal of or disabling of access to any such links, products or materials under these Terms of Use. AGOGO may also impose limits on the use of or access to certain features or portions of the AGOGO Service, in any case and without notice or liability.

14. Enforcement

AGOGO may take such steps as We believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement including but not limited to automated monitoring of compliance, AGOGO’s right to cooperate with any legal process relating to Your use of the AGOGO Service, and/or a third party claim that Your use of the AGOGO Service is unlawful and/or infringes such third party’s rights.

15. Termination

AGOGO reserves the right to immediately (i) terminate and preclude Your access to the AGOGO Service; and/or (ii) suspend Your access to the AGOGO Service, or any part thereof: if You have, or AGOGO has reasonable grounds to believe that You have, failed to comply with any of the provisions of this Agreement, including but not limited to violation of the Usage Rules, infringement or other violation of any intellectual property rights of AGOGO or licensors in relation to the AGOGO Service (including without limitation, termination of user access in the event the user is determined to be a repeat infringer).

16. Disclaimer of Warranties and Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU ACKNOWLEDGE AND AGREE THAT THE AGOGO SERVICE AND ALL INFORMATION, MATERIALS AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AGOGO SERVICE IS PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND FROM AGOGO AND/OR ITS THIRD-PARTY LICENSORS.

YOU AGREE THAT YOUR USE OF THE AGOGO SERVICE IS ENTIRELY AT YOUR OWN RISK TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW.

AGOGO AND ANY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE AGOGO SERVICE, AND ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE AGOGO SERVICE.

IN PARTICULAR AGOGO AND LICENSORS DO NOT WARRANT THAT:

  • YOUR USE OF THE AGOGO SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. AGOGO RESERVES THE RIGHT SUSPEND OR CANCEL THE AGOGO SERVICE AT ANY TIME FOR TECHNICAL OR OPERATIONAL REASONS, WITHOUT NOTICE;

  • THE AGOGO SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, OR OTHER SECURITY INTRUSION AND AGOGO DISCLAIMS ANY LIABILITY RELATING THERETO.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

NEITHER AGOGO OR THIRD PARTY LICENSOR, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUBSIDIARIES OR AFFILIATED COMPANIES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF AGOGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR LOSS OF ANY KIND ARISING FROM YOUR USE OF THE AGOGO SERVICE, INFORMATION,

AGOGO SHALL USE REASONABLE EFFORTS TO PROTECT PERSONAL INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE AGOGO SERVICE AND SHALL USE SUCH INFORMATION IN ACCORDANCE WITH THE PRIVACY POLICY .

YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF ANY INFORMATION IS AT YOUR SOLE RISK, AND TO THE MAXIMUM AMOUNT PERMITTED BY LAW, AGOGO HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

17. Third Party Beneficiaries

Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.

18. General

These Terms of Use, together with the Privacy Policy is the entire agreement between You and Us and governs Your use of the AGOGO Service, superseding any prior agreements between You and Us, whether written or oral, relating to the subject matter.

AGOGO may provide You with notices, including those regarding changes to the Terms of Use, including by but not limited to email, regular mail, SMS, MMS, text message, postings on AGOGO’s website, or via AGOGO’s mobile app and service, or other reasonable means now known or hereafter developed. Such notices may not be received if You violate these Terms of Use by accessing the AGOGO Service in an unauthorized manner. Your agreement to the Terms of Use constitutes Your agreement that You are deemed to have received any and all notices that would have been delivered had You accessed the AGOGO Service in an authorized manner.

Under no circumstances shall AGOGO be held liable for any delay or failure in performance resulting directly or indirectly from acts of God, fire, riot or civil commotion, act of public enemy, rule, order or act of any government or governmental instrumentality (whether federal, state, local or foreign) or other cause of a similar or different nature not reasonably within AGOGO control, as applicable.

This Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of law provisions of California or Your actual state or country of residence. Any claim or controversy in any way arising out of or relating to this Agreement will be filed in a court of competent jurisdiction sitting in San Francisco, California, and You consent to exclusive jurisdiction in that county.

No delay or failure to take action under these Terms of Use shall constitute any waiver by Us of any provision of this Agreement.

This Agreement is personal to You and may not be transferred, assigned or delegated to anyone. Any attempt by You to assign, transfer or delegate this Agreement shall be null and void. We may assign or sub-license this Agreement to an affiliate or successor in interest to all or substantially all of our assets with or without notice to You.

The titles used in these Terms of Use are for convenience only and are not to be considered in construing or interpreting these Terms of Use.

If any provision of these Terms of Use is ruled invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and other provisions of these Terms of Use remain in full force and effect.

This Agreement does not in any way create the relationship of principal and agent, franchise, joint venture, or partnership. Neither party will act or attempt to act, or represent itself to others, as an agent of the other party or in any manner assume or create any obligation on behalf of or in the name of the other party, pursuant to this Agreement. Neither party will be liable of any debts or obligations of the other unless expressly assumed in writing.