goowy provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.

goowy provides users with access to various communications tools which may be accessed through various mediums or devices now known or hereafter known or developed (the "Service). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for goowy to provide the Service. You also understand and agree that the Service may include certain communications from goowy, such as service announcements, administrative messages, and that these communications are considered part of goowy membership and you will not be able to opt out of receiving them. You understand and agree that the Service is provided "AS-IS" and that goowy assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

You agree to: (a) provide true, accurate, current and complete information about yourself. If you provide any information that is untrue, inaccurate, not current or incomplete, or goowy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, goowy has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.goowy.com/privacy.html.

You will receive a password and account upon completing registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify goowy of any unauthorized use of your password or account or any other breach of security. goowy cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not goowy, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. goowy does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will goowy be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You acknowledge, consent and agree that goowy may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of goowy, its users and the public.

You agree to indemnify and hold goowy, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your goowy I.D.), use of the Service, or access to the Service.

You acknowledge that goowy may establish general practices and limits concerning use of the Service. You agree that goowy has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that goowy reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that goowy reserves the right to modify these general practices and limits from time to time.

goowy reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that goowy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that goowy may at its sole discretion and without prior notice, immediately terminate your goowy account, any associated email address, and access to the Service.  Further, you agree that all terminations shall be made in goowy’s sole discretion and that goowy shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that goowy shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a.         YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. goowy 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.

b.         goowy MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c.         ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.

d.         NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM goowy OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT goowy SHALL NOT BE LIABLE TO YOU 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, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

The TOS constitute the entire agreement between you and goowy and govern your use of the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other goowy services. The TOS and the relationship between you and goowy shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and goowy agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California.  The failure of goowy to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.  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 the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.