8. USERS RESPONSIBILITIES & LIABILITY
8.1. General Understanding
8.1.1. User shall be responsible for their own actions in utilizing the Services purchased by User, and GOOMO shall not be liable for any such action. GOOMO is only providing a platform for communication and it is agreed that the contract for Service shall be a strictly bipartite contract between the Vendor and User.
8.1.2. User represents that User is of legal age to form a binding contract with GOOMO and is not a person barred from receiving Services under the laws as applicable in India.
8.1.3. User confirms that GOOMO shall not be responsible for any deficiency in payment of consideration payable towards the services purchased from the Marketplace.
8.1.4. Any references to a Vendor being "verified" (or similar language) only indicate that the Vendor has completed a reasonable verification process. Any such description is not an endorsement, certification or guarantee by GOOMO about any Vendor, including of the Vendor's identity and credibility. GOOMO therefore recommends that you always exercise due diligence and care when deciding whether to avail services from a Vendor, or while having any other interaction with them.
8.1.5. Upon receiving User’s complaint, GOOMO shall inform the relevant Vendor of such complaint and request for an explanation. Users are required to refrain from raising frivolous and baseless complaints. User expressly acknowledges that the Vendor providing the deficient Service will be solely responsible to User for any claims that User may have in relation to such defective service and GOOMO shall not in any manner be held liable for the same.
8.1.6. Unless due to User’s negligence, in the event the Vendor fails to complete a delivery of any Service, User acknowledges that the Vendor will be liable to make any applicable refunds or payments. User agrees that GOOMO will not be held liable for failure of the Vendor to make available any Service therein.
184.108.40.206. GOOMO reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GOOMO's sole discretion.
220.127.116.11. When User registers with GOOMO, GOOMO or any of its Vendor/partners/affiliate/group companies may contact User from time to time to provide the offers/information of such services.
8.2. Proprietary Rights
8.2.1. GOOMO may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by GOOMO and shall not copy, transmit or create derivative works of such material without express authorization from GOOMO.
8.2.2. The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website/Marketplace that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
8.3. Limited User
8.3.1. The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that Services, including the use of the Website, is not for commercial use but is specifically meant for personal use only.
8.3.2. The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the GOOMO's name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
8.4. Prohibition Against Unlawful Use
8.4.1. As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.
8.4.2. GOOMO reserves the right, in its sole discretion, to terminate the access to the website/Marketplace and the related functionalities, or any portion thereof at any time, without notice.
8.5.1. Without prejudice to the other remedies available to GOOMO under this agreement, or under applicable law, GOOMO may limit the User's activity, or end the User's listing, warn other Users of the User's actions, immediately temporarily/indefinitely suspend or terminate the User's registration, and/or refuse to provide the User with access to the Website if:
the User is in breach of this Agreement and/or the documents it incorporates by reference; GOOMO/Vendor is unable to verify or authenticate any information provided by the User; or GOOMO believes that the User's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the User, other Users of the website and/or GOOMO.
8.5.2. GOOMO may at any time in its sole discretion reinstate suspended Users. Once the User have been suspended the User may not register or attempt to register with GOOMO or Use the website in any manner whatsoever until such time that the User is reinstated by GOOMO.
8.5.3. Notwithstanding the foregoing, if the User breaches this Agreement or the documents it incorporates by reference, GOOMO reserves the right to recover any amounts due and owing by the User to GOOMO and/or the service provider and to take strict legal action as GOOMO deems necessary.