Terms & Conditions
1. About these terms
- These terms create a legal agreement between you (“ you” or “ your”) and WhataGoober, LLC
and GooberGamesTM (“ we”, “ us” or “ our”) in relation to this Application, and any services
related to this Application (together the “ Application”). You agree that by accessing our
- You agree that you are at least 13 years old and that if you are between 13 years and 18 years
old, your legal guardian has reviewed and agrees to these terms and is happy for you to use our
- You can access these terms at any time at www.WhataGoober.com. We can make changes to
these terms at any time in accordance with paragraph 11 below and your continued use of our
Application shall confirm your acceptance of the updated terms. You should check the Application
from time to time to review the then current version of these terms.
2. About accessing and using our Application
- You are responsible for the internet connection and/or mobile charges that you may incur for
accessing our Application. You should ask your mobile operator if you are unsure what these
charges will be, before you access our Application.
- Whilst we try to ensure that the information on our Application is complete and accurate, we
do not warrant the accuracy and/or completeness of any information on our Application. We also
make no commitment to keep the information on our Application up to date. The material on our
Application is provided “as is” without any conditions, warranties or other terms of any kind.
Under no circumstances will we be liable in any way for any information on our Application,
including, but not limited to, any errors or omissions in any information, or any losses or harm of
any kind resulting from the use of any information made available via our Application.
- We have the right to withdraw or modify our Application (in whole or in part) without notice
and without liability to you from time to time:
- for technical reasons (such as technical difficulties experienced by us or on the internet);
- to allow us to improve user experience;
- where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our Application);
- because it no longer makes business sense for us to provide the relevant part of the Application; or
- because we have altered the services we provide.
- There may also be times when our Application or any part of it is not available for technical
or maintenance related reasons, whether on a scheduled or unscheduled basis.
3. User conduct and content
- You must comply with the laws that apply to you in the location that you access our Application
from. If any laws applicable to you restrict or prohibit you from accessing our Application, you
must comply with those legal restrictions or, if applicable, stop accessing our Application.
- You promise that all the information you provide to us on accessing our Application is and
shall remain true, accurate and complete at all times.
- Information, data, or other materials may be sent, uploaded, communicated, transmitted or
otherwise made available via our Application by you or by others (“Content”). You agree not to
upload, communicate, transmit or otherwise make available any Content:
- that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous,
obscene or otherwise objectionable;
- that is or could reasonably be viewed as invasive of another's privacy;
- which you do not have a right to make available lawfully (such as inside information,
information which belongs to someone else or confidential information);
- which infringes any intellectual property right or other proprietary rights of others; or
- which contains software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of our Application, or any computer software
or hardware or telecommunications equipment.
- You agree that you will not:
- disguise, anonymize or hide your IP address or the source of any Content that you may
- remove or amend any proprietary notices or other ownership information from our
- interfere with or disrupt our Application or servers or networks that provide our
- attempt to decompile, reverse engineer, disassemble or hack our Application, or to defeat
or overcome any of our encryption technologies or security measures or data transmitted,
processed or stored by us;
- 'harvest', 'scrape' or collect any information about or regarding other people that use our
Application, including, but not limited to any personal data or information (including by
uploading anything that collects information including but not limited to 'pixel tags'
cookies, graphics interchange formats ('gifs') or similar items that are sometimes also
referred to as 'spyware' or 'pcms' (passive collection mechanisms);
- use our Application in violation of any applicable law or regulation; or
- use our Application in any other way not permitted by these terms.
4. Your breach of these terms
- You agree to compensate us, according to law, for all losses, harm, claims and expenses that
may arise from any breach of these terms by you.
5. Our liability
- We accept liability for death or personal injury resulting from our negligence or that of our
employees or agents, and for losses or harm caused by fraud by us or our agents, or any other
liability which may not by law be excluded.
- For any losses or harm other than those mentioned in paragraph 5.1 or those excluded
elsewhere in these terms, we will only be responsible for losses or harm which are a reasonably
foreseeable consequence of our negligence or breach of these terms and conditions. Losses and
harm are foreseeable where they could be contemplated by you and us at the time of you agreeing
to these terms and conditions.
- We are not responsible for:
- losses or harm not caused by our breach of these terms or negligence;
- losses or harm which are not reasonably foreseeable by you and us at the time of you
agreeing to these terms and conditions including those losses which happen as a side effect
of foreseeable losses. This could include loss of data, loss of opportunity, service
interruption, computer or other device failure or financial loss;
- any increase in loss or damage resulting from breach by you of any of these terms and
- technical failures or the lack of availability of our Application where these are not within
our reasonable control.
- We will provide our Application with the same skill and care as the providers of other similar
Applications, but you acknowledge that your only right with respect to any problems or
dissatisfaction with our Application is to discontinue your use of our Application and we are not
responsible or liable for any interruptions or errors that you may experience while using our
- Any additional legal rights which you may have as a consumer remain unaffected by these
6. Intellectual property
- You acknowledge that all copyright, trademarks, and other intellectual property rights in and
relating to our Application are owned by or licensed to us. You will not take any action to
jeopardize, limit or interfere with our intellectual property rights.
- Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable,
personal, revocable limited license to access and use our Application (but not any related object and source code), in each case provided that such use is in accordance with these terms. You agree
not to use our Application, or any elements thereof, for anything else.
- Whilst you are in compliance with these terms, you are permitted to print and download
extracts from the Application for your own use provided that (i) you do not modify any extract,
document or graphic in any way; (ii) you do not remove or amend any proprietary notices or other
ownership information from our Application;
- Other than as set out in paragraph 6.3, you must not copy, distribute, make available to the
public or create any derivative work from our Application or any part of our Application unless
we have first agreed to this in writing (including by express statement via the Application).
- In particular, and without limiting the application of paragraph 6.4, you must not make
available any technological measures designed to control access to, or elements of, our
- By submitting Content (as defined in paragraph 3.3) via our Application you:
- are representing that you are fully entitled to do so;
- grant us and our group companies the right to edit, adapt, publish and use your entry and
any derivative works we may create from it, in any and all media (whether it exists now or
in the future), for any purpose, in perpetuity, without any payment to you;
- acknowledge that you may have what are known as “moral rights” in the Content, for
example the right to be named as the creator of your entry and the right not to have work
subjected to derogatory treatment. You agree to waive any such moral rights you may have
in the Content; and
- agree that we have no obligation to monitor or protect your rights in any Content that you
may submit to us, but you do give us the right to enforce your rights in that Content if we
want to, including but not limited to taking legal action (at our cost) on your behalf.
- In connection with our Application, if you believe that your intellectual property rights have
been infringed by someone else over the internet, you may contact us by emailing the following
- a description of the intellectual property rights and an explanation as to how they have been
- a description of where the infringing material is located;
- your address, phone number and email address;
- a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that
the disputed use of material in which you own intellectual property rights is not authorized,
and (ii) the information that you are providing is accurate, correct, and that you are
authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a physical or electronic signature of the person authorized to act on behalf of the owner of
the exclusive right that has allegedly been infringed.
- We do not consider or accept unsolicited proposals or ideas, including, for example, ideas for
new games, characters, game names, mechanics, technologies, promotions, game feedback and improvements (“Unsolicited Proposals”). If, despite this, you send any Unsolicited Proposals to
us, you acknowledge and agree that we are not required to keep them confidential and that we are
permitted to use them for any purposes whatsoever without any liability or payment to you of any
- We will only collect, process, use and share your personal information in accordance with our
to us collecting, processing, using and sharing your personal data in this way. If you do not agree
They may for example be used to help us recognize what kind of device you are using. You can
We may link to third party Applications or services from our Application. You understand that we
make no promises regarding any content, goods or services provided by such third parties and we
do not endorse the same. We are also not responsible to you in relation to any losses or harm
caused by such third parties. Any charges you incur in relation to those third parties are your
responsibility. You understand that when you provide data to such third parties you are providing
relation to that data.
9. Transferring these terms
We may wish to transfer all or a part of our rights or responsibilities under these terms to someone
else without obtaining your consent. You agree that we may do so provided that the transfer does
not significantly disadvantage you. You may not transfer any of the rights we give you under these
terms unless we first agree to this in writing.
10. Entire agreement
These terms set out the entire agreement between you and us concerning our Application (as
defined in paragraph 1) and they replace all earlier agreements and understandings between you
and us. If you also access or play our games (for example, by using those versions of our games
that are made available via the App Store and Google Play, or visit our consumer
Applications_________________, then different terms and conditions apply to you in respect of
your use of such games and/or Application(s). Such terms can be found at
11. Changes to these terms
You can find these terms at any time by visiting ___________________________. We reserve the
right to update these terms from time to time by posting the updated version at that address. We
may do so because we change the nature of our products or services, for technical or legal reasons,
or because the needs of our business have changed. You agree that if you do not accept any
amendment to our terms then you shall immediately stop accessing and/or using our Application.
If any part of these terms is held to be invalid or unenforceable under any applicable local laws or
by an applicable court, that part shall be interpreted in a manner consistent with applicable law to
reflect as nearly as possible our original intentions and the remainder of these terms shall remain
valid and enforceable.
13. Waivers of our rights
Our failure to exercise or enforce any of our rights under these terms does not waive our right to
enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed
14. Complaints and dispute resolution
In the unlikely event that you wish to bring legal action against us these terms shall be governed
by and construed in accordance with the laws of the United States of America. Unless otherwise
elected by us, venue and jurisdiction will be exclusively in the state district courts in Montgomery County,
Texas, and the federal district courts of Harris County, Texas. For purposes of any such judicial proceeding,
you hereby irrevocably consent, submit, and waive any and all objections to the personal jurisdiction of the
state and federal courts of the State of Texas.