Gomier Bike APP - Terms of Service

Terms of Service


All sections of these Terms of Use that, by their nature, should survive termination will survive termination, including, without limitation, the sections entitled User Content, Indemnity, Disclaimer of Warranty and Limitation of Liability, and General.

Introduction


The Gomier Bike application is an electric vehicle management service software that users can use to check the riding speed, battery information, vehicle information, GPS navigation and other functions on the phone. Through it, we can safely and responsibly manage this website for all our users. Your use of this website is subject to certain terms and conditions. The terms and conditions listed below ("Terms of Use") and the Gomier Bike website and application apply to the services and features you provide on or through the Gomier Bike website and mobile application.

Use of the Services


The Services allow for the delivery of software, text, graphics, images, video, audio, data and other material (collectively referred to as the "Content"). The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Services, or our partners, sponsors, or affiliates. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you may not use the Content except as permitted under these Terms of Use. No other use is permitted without prior written consent from us or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose, except to utilize features of the Services that, by their nature, involve publishing or sharing of Content with the public. If you violate any part of these Terms of Use, your permission to access and/or use the Content and Services automatically terminates and you must immediately destroy any copies you have made of the Content.

Various company, product, and service names displayed on the Services may be trademarks or service marks owned by others (the "Third-Party Trademarks"). Your use of the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Services. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks.

The Services include access to links to, and content and data from, third-party websites ("External Services"). These links, content, and data are provided solely as a convenience to you and not as an endorsement by us of the content on such External Services. The content of such External Services is developed and provided by others. In addition, the Services permit access to content posted, stored, or displayed at the direction of users of the Services, for which we cannot accept any responsibility or liability.

The Services are for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us. The following activities are expressly prohibited:

(i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications,

(ii) any use of the Services, which in our sole judgment, degrades the reliability, speed, or operation of the Services or any underlying hardware or software thereof,

(iii) use of web scraping, web harvesting, or web data extraction methods from Gomier Bike even if the Gomier Bike account owner gives permission;

(iv) any use of the Services which is unlawful or in violation of these Terms of Use.

By using the Services, you represent and warrant that you are 18 years of age or older.

Your use of the Services is subject, in our sole discretion, to termination at any time.

User Content


The Services may now or in the future include functionality to permit the submission of Content at the direction of users of the Services ("User Content") and the hosting, sharing, and/or publishing of such User Content. You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions.You shall be solely responsible for User Content you submit and the consequences of our posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and/or warrant that:

(i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms of Use;

(ii) you have the express consent, release, and/or permission of each and every identifiable individual person in the User Content to usethe name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms of Use. By submitting the User Content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with our provision of the Services and our (and our successors') business,including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, if you have permitted such access through your account settings, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Services and under these Terms of Use. We may maintain copies of any User Content for purposes of backup, security, or maintenance, or as required by law.

In connection with User Content, you further agree that you will not:

(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or havepermission from their rightful owner to post the material and to grant us all of the license rights granted herein;

(ii) publish falsehoods or misrepresentations that could damage us or any third party;

(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

(iv) post advertisements or solicitations of business;

(v) impersonate another person. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and we will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. We may remove any Content and User Content without prior notice. We may also terminate your access to the Services, if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Services more than twice. We also reserve the right to decide whether Content or User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Content and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

If you are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the followinginformation in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to User Content and/or violation of these Terms of Use (e.g., violations of criminal laws) is: 
Paul@gomier.com.tw or Tony@gomier.com.tw. For clarity, only DMCA notices and notices relating to complaints in connection with User Content or violations of these Terms of Use should go to the Copyright Agent; any other feedback,comments, requests for technical support, and other communications should be addressed to our standard support contacts as identified onthe Services.

Indemnity


You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your uploading of, access to, or use or misuse of the Content or the Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Disclaimer of Warranty and Limitation of Liability


Our affiliates, partners, and their corresponding officials, directors, employees, agents, suppliers or licensors do not make any guarantees or representations regarding content (including user content), including but not limited to users, complete, Timely or reliable.In any case, Gomier shall not be liable for any incidental, indirect, special or consequential damages or compensation (including but not limited to time loss, inconvenience, accidental use or any other consequences) Accidental or secondary damage. Loss) related to the purchase, use or operation of the product. Gomier is not responsible for property damage, personal injury or death.We or our affiliates or partners are not responsible for the authenticity, accuracy or completeness of any information provided to users, nor are we responsible for any delay or interference in the data, information flow. the reason. You agree to use the service and content at your own risk.We do not guarantee that the service will be error-free, or that the service or content is free of computer viruses, similar pollution or destructive features. If you need to repair or replace equipment or data using the service or content, we will not bear any costs.Services and content are provided "as is" and "available" without any form of guarantee. Here, we do not provide all guarantees, including but not limited to guarantees of ownership, tradeability, non-infringement of the rights of third parties and applicability for specific purposes.For any damage caused by the use or inability to use the service and content (including but not limited to incidental and consequential damages, lost profits or damages due to loss of data or business interruption), we are absolutely not responsible for any warranty, Contracts, torts (including negligence) or any other legal theory, even if we have been informed of the possibility of such damage, exceed one hundred dollars.Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or indirect damages, so the above limitations or exclusions may not apply to you. In this case, our liability should be limited to the maximum scope permitted by law.

No Medical Advice

Gomier provides you with services to track, manage and share your Gomier activities. Services must not contain or constitute, and should not be interpreted as medical advice or opinions. We are not licensed medical professionals, nor are we in the business of providing medical advice. You should always consult a qualified and licensed medical professional before starting or modifying any dieter exercise program. Your use of this website or mobile application will not establish a doctor-patient relationship between you and Gomier.

General


These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the state of New Jersey. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. Failure by us to act on or enforce any provision of the Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you, these Terms of Use constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees.

We may terminate this Agreement, disable your account, and/or put your account on inactive status, in each case at any time with reasonable cause or violation to these terms of service agreement, and with or without notice. We shall have no liability to you or any third party because of such termination or action.

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