GOBYCREATIVE

MEMBERSHIP TERMS AND CONDITIONS

Upon acceptance of the Terms and Conditions herein, Goby Creative enters into a Membership Agreement with you, as the Member.

DEFINITIONS

  • Membership Agreement: The Agreement executed by Goby Creative and the Member through which the Member receives Goby Creative’s services in accordance with the scope of the Member’s paid membership plan.
  • Member: The company, organization, or individual that has joined Goby Creative in order to receive services and insights through execution of the Membership Agreement.
  • Information: Any specifications, drawings, sketches, models, samples, data, computer programs, images, documentation or other technical or business information in written, graphic or other tangible or electronic form furnished by or disclosed to Goby Creative or any other party.
  • Contribution(s): Information that is provided by the Member in the course of membership leading to Material to be published by Goby Creative.
  • Material(s): Standards, specifications, white papers, guides, reports, snapshots, corrigenda, case studies, literature, and other documentation published by Goby Creative.

REPRESENTATION AND WARRANTY

All services, materials, and information provided by Goby Creative are provided “as is”, and Goby Creative makes no representation or warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. In no event shall Goby Creative be liable for any liability whether in contract, tort or otherwise for any losses or damage arising out of or relating to this agreement. In no event shall Goby Creative be liable for any indirect or consequential losses including, without limitation, any loss of profits, contracts, production or use.

The Member acknowledges that because of the nature of Goby Creative it is reasonable for Goby Creative to exclude liability as above and for the Member to take measures, including insurance where appropriate, to mitigate or prevent any potential losses that may arise (provided that such measures are not in breach of these Terms and Conditions).

If any third party makes or threatens to make any claim (or if, in the opinion of Goby Creative such a claim is likely) that the use by the Member of any Materials or other Information provided by Goby Creative infringes any intellectual property right of such third party, Goby Creative may, at its option, either secure the Member’s right to continue using the Materials, make the Materials non-infringing, or withdraw the Materials on one (1) month’s written notice whereupon the Member shall not be authorized to make any further use of the materials. This sub-clause states the entire responsibility of Goby Creative concerning infringement of third party intellectual property rights.

RENEWAL

The Membership Agreement shall automatically renew upon each monthly anniversary date, at the then applicable fee for Member’s original membership fee, unless terminated in accordance with “Termination” below.

TERMINATION

The Membership Agreement may be terminated:

  • By either party giving to the other thirty (30) days notice in writing before any monthly anniversary of the date hereof after the initial membership term of twelve (12) months, or the initial mutually agreed upon membership term (in order for a separate mutually agreed upon term to be valid, there must be written consent from both parties).
  • By Goby Creative at any time upon written notice to the Member if the Member has committed any material breach of the Membership Agreement and in the case of a breach capable of being remedied, has failed to remedy the breach, within 30 days after the receipt of a written request  from Goby Creative notifying the Member of such breach.
  • By Goby Creative at any time upon written notice to the Member if the Member fails to pay any sum(s) due to Goby Creative under the Membership Agreement and such sum(s) remain unpaid for thirty (30) days after written notice from Goby Creative that such sum(s) have not been paid.
  • For the avoidance of doubt, termination of the Membership Agreement for any reason shall not entitle the Member to any refund of the monthly fee paid, and any undue invoice shall be due and payable. Furthermore, termination of the Membership Agreement for any reason shall result in the cessation of any or all Goby Creative’s services.

MODIFICATION

These Terms and Conditions may be modified by the inclusion by Goby Creative of additional requirements or terms on ninety (90) days written notice to the Member. In the event that the Member does not agree to such additional requirements, the Member may resign from Goby Creative upon thirty (30) days written notice. The Member shall not be entitled to a refund of membership fees pursuant to such resignation.

GOVERNING LAW

The Membership Agreement shall be governed by and interpreted in accordance with the laws of the State of Utah, the laws of the State of Arkansas, or the laws of the mutually agreed upon state at the commencement of the Membership Agreement (in order for a separate mutually agreed upon Governing Law to be valid, there must be written consent from both parties).

If any provision of the Membership Agreement is for any reason declared illegal in any country, all other provisions shall remain in full force and effect to the fullest extent permitted by such law.

For the avoidance of any doubt, any such finding of illegality in any country shall not affect the validity of any provisions of the Membership Agreement in other countries.

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