Terms of Service
1. The Purpose of the Agreement
The purpose of this Terms of Service agreement (‘Agreement’) is to define the rights, duties, and responsibilities of GOM & Company (‘GOM & Company’) and users (‘User’) regarding the use of GOM & Company’s GOMlab websites (‘GOMlab’: defined as www.gomlab.com, player.gomlab.com, converter.gomlab.com, audio.gomlab.com, cam.gomlab.com, remote.gomlab.com, studio.gomlab.com, mix.gomlab.com, gomplayer.com, gomplayer.cn, gomplayer.tw, and any/all related subdomains) and the Services (GOMlab registration/membership; GOM Video Converter License purchasing; Uploading / downloading Skins, Logos, Subtitles, and Converter presets; Posting to the Preset forums; Using the Customer Service Centers; and any other such services presently available or added in the future) accessible through these websites and their sub-domains.
2. Effect of and Changes to the Agreement
- (1) The User must consent and agree to the terms of the Agreement before using any Services. Users who do not consent and agree to the terms of the Agreement will be denied use of Services.
- (2) A link to the Agreement can be found at the bottom of every GOMlab page, and is displayed at the time of www.gomlab.com member registration. Users acknowledge that they agree to the terms of the Agreement by:
(a)Checking the box next to “I have read and agree to the terms above” during member registration, or otherwise clicking an “I agree” or “I accept” option when it is made available
(b) Using any Services provided on/by www.gomlab.com and/or any of its subdomains.
- (3) If the User is either (a) not of legal age to make a valid agreement with GOM & Company, or (b) not legally eligible to use GOMlab Services due to the laws of the region in which the User is residing or using the Services, the user cannot consent and agree to the terms of the ‘Agreement’, nor can they use any Services provided by GOMlab.
- (4) GOM & Company may make additions or alterations to the Agreement at any time for any reason it deems necessary. Users will be notified of changes to the Agreement by announcements posted on GOMlab and/or by email. By continuing to use GOMlab services after the amendments to the Agreement take place, the User acknowledges that he or she consents and agrees to the terms of the amended Agreement.
- (5) If the User does not consent and agree to the amended Agreement, he or she may terminate the agreement at any time by stopping use of any and all GOMlab Services.
- (6) Software components of GOMlab services (GOM Media Player, GOM Video Converter) contain separate End User License Agreements that define the rights, duties and responsibilities between the Software and their users. If there are contradictions or conflicts between the contents of the Software End User License Agreement and this Agreement, the relevant End User License Agreement will take precedence.
- (7) GOM & Company cannot and will not be held responsible for any damages incurred to Users who fail to observe the additions or amendments made to the Agreement.
3. The Language of the Agreement
- (1) Should GOM & Company provide a translated version of this original Agreement from English into any other language, the content of the original English Agreement takes precedence and governs the relationship between GOM & Company and the User.
- (2) Any discrepancy or contradiction between the English version of the Agreement and a translated version of the Agreement will be considered a translation error and the content of the English version will take precedence.
4. Provision of ‘Services’ by ‘GOM & Company’
- (1) The User acknowledges that various subsidiaries and affiliated legal entities (Subsidiaries and Affiliates) sometimes provide Services to Users on behalf of GOM & Company, and agrees that these Subsidiaries and Affiliates are entitled to provide said Services to Users.
- (2) GOM & Company continuously works to innovate, develop, and improve GOMlab, Services, and Software, and the User acknowledges and agrees that the form and nature of GOMlab, Services, and Software may change at any time without the prior notice.
- (3) The User acknowledges that GOM & Company may temporarily or permanently stop providing Services at any time for any reason at the sole discretion of GOM & Company and without prior notice to the User.
- (4) The User may stop using Services at any time and is not required to notify GOM & Company,
- (5) The User acknowledges and agrees that GOM & Company may, at its sole discretion, disable and / or restrict a User's access to his or her GOMlab account at any time if deemed necessary. The User may or may not receive notice from GOM & Company when access to his or her account is restricted or disabled, depending on the reason why prohibitive action was taken, and is decided entirely on a case-by-case basis.
- (6) The User acknowledges and agrees that GOM & Company may, at its sole discretion, set a fixed limit on the number of transmissions a User may send or receive through the use of Services, or on the amount of storage space used for the provision of any Service.
5. Copyright and Intellectual Property Rights
- (1) The User acknowledges and agrees that GOM & Company is the sole owner of all copyrights and intellectual property rights regarding GOMlab, Services, and Software worldwide, regardless of whether or not said copyrights and intellectual property rights are registered in any given region.
- (2) All copyrights and intellectual property rights regarding the content created by GOM & Company in relation to GOMlab, Services, and Software are the property of GOM & Company.
- (3) Any copyrights and intellectual property rights for content related to Services that are not created by GOM & Company and / or are offered / provided by other companies or parties are the property of their respective owners.
- (4) The User agrees not to modify, rent, lend, sell, or otherwise alter or distribute any content related to any Services, nor createany derivative works based on said content, unless they have been explicitly authorized in writing by GOM & Company to do so.
- (5) All copyrights and intellectual property rights for original content submitted to GOMlab by Users through the use of Services are the property of the User who submitted them.
- (6) By using GOMlab and / or Services to submit, upload, post, or otherwise display original content, the User grants GOM & Company a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute said content through GOMlab, Services, and / or Software. This license is for the sole purpose of enabling ‘GOM & Company’ to display, distribute and promote the content via GOMlab, Services, and / or Software and may be inapplicable under certain circumstances as defined by the Additional Terms of certain Services.
- (7) The User acknowledges and agrees that the license described in 5.6 grants GOM & Company the right to make original content that has been submitted, uploaded, posted, or otherwise displayed through the use of Services to other companies, organizations, or individuals with whom GOM & Company has relationships for the provision of syndicated services, and to use said content in correlation with the provision of such services.
- (8) The User guarantees that her or she is the copyright owner of all content he or she submits, uploads, posts, or otherwise displays through the use of Services, or that he or she has the proper legal permission and / or authority to distribute said content through the use of Services.
- (9) The User acknowledges that he or she is solely responsible for protecting and enforcing his or her copyrights for content submitted, uploaded, posted, or otherwise displayed through the use of Services, and agrees that GOM & Company has no obligation or responsibility to protect these rights on behalf of the User unless specified otherwise in a separate agreement with GOM & Company.
6. Responsibilities of the User
- (1) As part of the GOMlab registration process, and In order to use certain Services, the User may be required to provide personal information including (but not limited to) identification and contact details. The User confirms and guarantees that any and all such information will always be both accurate and current.
- (2) The User agrees to only use Services for their intended purposes which are in accordance with and permitted by (a) this Agreement and (b) any laws, regulations, or accepted practices and guidelines in the region in which the User is using Services (including, but not limited to, laws regarding the export of data and / or software to and from the United States and other relevant countries).
- (3) The User agrees not to access or attempt to access any Services by any mores other than those provided by GOM & Company unless he or she receives explicit permission from GOM & Company in writing to do so.
- (4) The User agrees not to engage in any activity that disrupts, or could potentially disrupt, GOM & Company's ability to provide Services or perform operations relating to GOMlab, Services, or Software in any way.
- (5) The User agrees not to reproduce, duplicate, copy, sell, trade, resell, or otherwise alter or distribute any component or aspect of Services for any purpose unless explicitly authorized in writing by GOM & Company to do so.
- (6) The User agrees that he or she is solely responsible for any actions or circumstances that put him or her in breach of this Agreement, as well as the consequences of those actions or circumstances, including any loss or damages incurred by GOM & Company as a result. GOM & Company is in no way responsible for damages the User incurs as a result of a breach of Agreement.
- (7) The User may not use any copyrighted or trademarked data, materials, information or other items that are owned by GOM & Company for any non-fair-use purpose unless explicitly authorized by GOM & Company to do so.
- (8) The User acknowledges and agrees that he or she is solely responsible for maintaining the confidentiality of any passwords he or she uses in connection with any Services.
- (9) The User acknowledges and agrees that he or she will be solely responsible for any action or activity that is performed by or in connection to his or her registered GOMlab user account.
- (10) The User agrees that he or she will notify GOM & Company immediate if he or she become aware of any unauthorized use of her or her user account and / or password, or if there are any other such irregularities related to her or her user account.
7. Responsibilities of GOM & Company
- (1) GOM & Company will provide access to GOMlab, Services, and Software to Users in accordance with this Agreement
9. Limitation of Rights
- (1) GOM & Company may limit or terminate a User's right to use Services for any reason it deems valid including, but not limited to, the following:
- a) The User knowingly and / or purposefully entered false information during user registration
- b) The User is disrupting others' ability to use Services
- c) The User has engaged in an action or activity that is explicitly prohibited by this Agreement and / or has caused damage to GOM & Company and / or a third party through said action or activity.
- d) The User has obtained and / or used other Users' information illegally
- e) The User has used Services to submit, upload, post, or otherwise display content that can reasonably be interpreted as obscene, racist, violent, offensive, or otherwise inappropriate and disruptive.
- f) The User has not made necessary payments for paid Services, paid via a dishonest and / or illegal method, or received a refund.
- g) The user performs any action or activity that can be reasonably interpreted as wrongful or illegal.
- In the event an illegal and or criminal action has taken place, GOM & Company may report the IP address of the offending party to the relevant authorities.
- (2) GOM & Company may modify or remove any content submitted, uploaded, posted, or otherwise displayed by Users through Services for any reason it deems valid including, but not limited to, the following:
- a) The content is found to be faked, false, disingenuous, or otherwise dishonest.
- b) Content that defames GOM & Company and / or a third party and / or disrupts the operations of GOM & Company and / or a third party.
- c) If the content contains material that can reasonably be interpreted as obscene, racist, violent, offensive, or otherwise inappropriate and disruptive.
10. Advertisements and Promotions
- (1) Some Services (or portions of Services) may display advertisements and / or promotions. Said advertisements and promotions may contain targeted content based on information provided by Users in order to use certain Services. The User agrees the GOM & Company may display such advertisements and / or promotions while Services are being used.
- (2) The nature of advertisements, the extent to which they are presented, and the method by which they are displayed are subject to change without prior notice to the User.
- (3) Users who have agreed to receive email notifications from GOM & Company during the GOMlab registration process may receive advertisements via email. Users can opt-out of receiving such emails at any time by editing their account information.
11. Limitation of Liability and Warranty
- (1) GOM & Company will not be held responsible if Services cannot be provided due to an emergency situation including, but not limited to, war, natural disaster, national emergency, or any other such unavoidable crisis.
- (2) GOM & Company will not be held responsible if damages are incurred or Services cannot be used properly due to abnormal or insufficient service provided by ISPs (Internet Service providers), electric companies, or other such technical service providers.
- (3) Services may be temporarily unavailable at various times due to maintenance, repair, replacement, or other such action necessary to keep Services operating properly.
- (4) GOM & Company is not responsible for information regarding GOMlab, Services, or Software that is provided by any third party and / or is displayed on any website other than GOMlab.
- (5) GOM & Company is not responsible for problems with Services that result from a User's personal computing environment and or network environment.
- (6) GOM & Company will not be held responsible or act as mediator for conflicts regarding Services that occur between two (2) or more Users and / or any other third party.
- (7) Services are considered “offered as is” and “provided to use”, and the User takes full responsibility for any risks and / or burdens that may be involved with using the Services.
- (8) The User acknowledges that he or she is solely responsible for any loss or damages incurred from downloading or otherwise acquiring data through the use of Services.
- (9) GOM & Company does not apply any term or warranty to any information that is acquired through the use of Services that is not explicitly written in this Agreement.
- (10) All data, photographs, graphics, images, messages, text, tags or other materials that are submitted, uploaded, posted, or otherwise displayed by Users through the use of Services (Content) are the sole responsibility of the User from which the content originated (Uploader), and GOM & Company will not be held responsible or liable for any damages incurred to the Uploader, other Users, or any other third party that are related to said Content.
12. Legal Terms
- (1) Any arbitration of legal disputes relating to GOMlab, Services, or Software will be conducted by a competent court with jurisdiction over the region in with GOM & Company is located and will be governed under South Korean law.
This Agreement is effective as of November 4th, 2009.
Most recently revised and updated on December 19th, 2011