Terms & Conditions

1. About these terms

  1. 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 Application, you are agreeing to these terms and our Privacy Policy. If you do not agree with these terms or our Privacy Policy then you should not access our Application.
  2. 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 Application.
  3. 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

  1. 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.
  2. 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.
  3. 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:
  4. 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

  1. 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.
  2. 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.
  3. 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.
  4. You agree that you will not:
    • disguise, anonymize or hide your IP address or the source of any Content that you may upload;
    • remove or amend any proprietary notices or other ownership information from our Application;
    • interfere with or disrupt our Application or servers or networks that provide our Application;
    • 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

  1. 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

  1. 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.
  2. 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.
  3. 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 conditions; or
    • technical failures or the lack of availability of our Application where these are not within our reasonable control.
  4. 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 Application.
  5. Any additional legal rights which you may have as a consumer remain unaffected by these terms.

6. Intellectual property

  1. 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.
  2. 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.
  3. 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;
  4. 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).
  5. 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 Application.
  6. 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.
  7. 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 information to______________________:
    • a description of the intellectual property rights and an explanation as to how they have been infringed;
    • 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; and
    • 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.
  8. 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 kind.

7. Privacy

  1. We will only collect, process, use and share your personal information in accordance with our Privacy Policy and as set out in these terms. By accessing our Application, you give your consent to us collecting, processing, using and sharing your personal data in this way. If you do not agree to our Privacy Policy you should not continue to access our Application.
  2. We may use cookies to store certain types of information each time you use our Application. They may for example be used to help us recognize what kind of device you are using. You can find out more about how we use cookies by reading our Privacy Policy.

8. Links

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 it in accordance with their privacy policy (if any) and our own Privacy Policy does not apply in 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.

12. Severability

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 by us.

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.