LAST UPDATED ON 31 October, 2024
This Terms of Use governs access to and use of https://staffing.gomage.com/ (hereinafter referred to as “Website”) by you, and services available through the Website (hereinafter referred to as “Services”) This Website is controlled by GoMage Inc., located at 111 Congress Avenue Suite 500 - #9283 Austin, TX 78701, USA and GoMage B.V., located at Radarweg 29, 1043 NX, Amsterdam, The Netherlands (each hereinafter referred to as “Owner, “we”, or “us”). The term “Owner”, “we” or “us” includes the Owner’s officers, directors, managers, employees, equity owners, and consultants.
By filling out a registration form and selecting the “I am familiar with conditions in the Terms of Use and the Privacy Policy and agree to follow prescribed conditions” checkbox during the filling the contact form or by using our Website You agree that You have read and agree to fully comply with and be fully bound by these terms of use and Website privacy policy. Owner reserves the right to change these terms of use any time and you are solely responsible for timely checking our terms, unless you created an account on our website, in which case we will notify you about changes. You assert that you are either of legal age (18 years old), or an emancipated minor, or possess legal consent of your parent or guardian, and you have the power and competency to enter into and to comply with these Terms of use.
If you are accepting these Terms of Use on behalf of a legal entity (as an agent or employee), you represent and warrant that you are entitled and have full authority to bind the respective legal entity under these Terms of Use. When visiting the Website, you agree not to repost, transfer or receive any materials for which you have not been licensed to use, repost or transmit. Failure to comply could entail legislative infringement in the United States of America, EU, EEA or any other country including international provisions for copyright infringement.
USING WEBSITE AND SERVICESYou agree that all information provided to Us is authentic, true, accurate, and up-to-date. You agree to take responsibility for all disclosures you make. You agree that you are responsible to protect the privacy of your confidential information you want to remain private.
All the Services we may offer from time to time are available under the conditions set forth in the separate Agreements.
You agree to refrain from and will not take part in any impending or infringing activity directed toward the Website or any of its related servers or networks.
You agree to not reproduce, duplicate, copy, sell, exchange, rent, sublicense, or resell the Services or materials available through the Website related hereto regardless of the purpose, unless you have specifically been granted permission from the Owner with a separate written agreement.
You grant us permission to contact you using the available contact information provided by you upon registration of your account, and for any matters relating to the software or Services, as well as periodically sending you newsletters. You hereby agree that these newsletters do not constitute “unsolicited commercial email advertisements”. After we receive your prior consent, we may inform you through email about news, promotions, special offers and or other topics of interest related to our Website, Services and software. You may choose to stop receiving these promotional emails at any time by following the instructions contained in those promotional emails.
You grant us permission to contact you using the available contact information provided by you upon registration of your account, and for any matters relating to the software or Services, as well as periodically sending you newsletters. You hereby agree that these newsletters do not constitute “unsolicited commercial email advertisements”. After we receive your prior consent, we may inform you through email about news, promotions, special offers and or other topics of interest related to our Website, Services and software. You may choose to stop receiving these promotional emails at any time by following the instructions contained in those promotional emails.
We respect your confidentiality and protect the information you provide to us. Please read our Privacy Policy for more information on how We protect your information below.
All software used by the Owner to perform the Services is proprietary to us or to third parties, and except as may be required to use the Services in accordance with these Terms of Use, any use, copying, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited and constitutes a violation of law.
The Website may contain inaccuracies and typographical errors, including but not limited to errors relating to pricing or the availability of certain products or Services offered by the Owner. You agree that the Owner is not responsible or liable for any such inaccuracies, errors or omissions, and you agree to hold the Owner harmless from such claims. The Owner reserves the right to make changes, corrections, cancellations and/or improvements to any information appearing on the Website, and to the products and Services described in such information, at any time without notice.
INTELLECTUAL PROPERTYAll rights, copyrights, patents, trade secrets, trade dress, know-how, technical information, inventions, discoveries, improvements, ideas, concepts, discoveries, texts, images and other proprietary rights, and any derivative works thereof (including improvements) embodied in the Website belong solely to the Owner and its licensors.
The “GOMAGE” logo and brand are registered trademarks belonging to the Owner and protected by law. You agree not to use the Owner’s trademarks without permission.
Both you and Owner shall retain its intellectual property rights not specifically granted by these Terms of Use and License Agreement.
Claims of copyright or other intellectual property infringement should be sent to GoMage, Inc.’s Copyright Agent by mail or email as follows:
By Mail: GoMage Inc., located at 111 Congress Avenue Suite 500 - #9283 Austin, TX 78701, USA and GoMage B.V., located at Radarweg 29, 1043 NX, Amsterdam, The Netherlands
Monday – Friday10:00 a.m. – 19:00 p.m. Phone number: (+31) 020 30 85 675Email address: moc.egamog%40aknyhestrContact form: https://staffing.gomage.com/contact-us
The Owner does not make any claims to the intellectual property rights in relation to any third parties’ intellectual property (e.g., logos, trade names, and registered trademarks). Any third party trademarks displayed on the Website are provided for informational purposes only and do not imply any affiliation of the Owner with the proprietors of those trademarks.
Upon uploading of any content to our Website you hereby grant the Owner non-exclusive, limited, non-revocable, sublicensable, transferable right and license to use, analyze and distribute through the Website the content you are uploading thereto.
GUARANTEE RELEASE AND RESPONSIBILITY RESTRICTIONAll the information contained on our Website is provided as is. You agree that all Services and materials obtained by you through the https://staffing.gomage.com/ Website is at your own responsibility and risk and you agree to hold us harmless from all liability and damages of whatever kind or nature.
Owner does not assume responsibility for any loss, moral damage or profit loss incurred by you, or for information saved or in any way connected to the use of the Website, even when prior notification is sent by you or a third party to us.
For avoidance of doubts, all explicit warranties and guarantees you may claim regarding our Services shall be given in separate written agreement between you and the Owner for them to be enforceable.
The Owner makes no representations or warranties of any kind regarding the Software or Services, and the Owner EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OR OTHER EXPLOITATION OF THE WEBSITE OR THE WEBSITE’S CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE WEBSITE OR ITS CONTENT. No advice or information, whether oral or written, obtained by you from the Owner, or through the website or its Content will create any warranty not expressly stated herein.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM THE OWNER ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE OR ITS CONTENT, EVEN IF THE OWNER HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR ANY AND ALL DAMAGES INCURRED BY YOU SHALL BE THE LESSER OF $1,000 OR THE AMOUNT PAID BY YOU TO THE OWNER FOR THE USE OF ITS SOFTWARE OR SERVICES, BUT NOT THE COSTS PAID TO THIRD PARTIES.
RIGHT OF WITHDRAWALIf you are an EU or UK consumer (i.e., a natural person domiciled in European Union or United Kingdom who is acting for purposes which are outside his trade, business, craft or profession), you have the right to withdraw from the sales contract within 14 calendar days without giving any reason. The withdrawal period will expire after 14 calendar days from the day on which the provision of the Products starts.
To exercise the right of withdrawal, you must inform the Owner of your decision to withdraw from the sales contract by an unequivocal statement (e.g., a letter sent by post or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. You can use the contact details in the bottom of this page to exercise your rights of withdrawal.
Effects of withdrawal. If you withdraw from the sales contract, the Owner will reimburse to you all payments received from you without undue delay and in any event not later than 14 calendar days from the day on which the Owner is informed about your decision to withdraw from the sales contract. The Owner will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested the supply of the Products (i.e., software or Services) during the cancellation period, you shall pay us an amount, which is in proportion to what has been performed until you have communicated to us your cancellation from the sales contract, in comparison with the full coverage of the sales contract.
MISCELLANEOUSNeither you nor Owner is responsible for failure to fulfill any obligations due to causes beyond its control.
Failure by Owner to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
You agree that Owner, in its sole discretion, may change these Terms of Use from time to time by sending notification via email or other means.
If any provision of this Terms of Use is held unenforceable by the court, then Owner will modify such provision to reflect the previous covenants. All remaining conditions of these Terms of Use will remain in full force and effect.
Dispute resolution. Each party will allow the other reasonable opportunity to comply before it claims that the other has not met its obligations under these Terms of Use. The parties will attempt in good faith to resolve all disputes, disagreements, or claims between the parties relating to these Terms of Use.
Governing law. Place of jurisdiction. Any cause of action, claim and/or dispute that might arise between the parties hereunder, shall be subject to the Dutch laws, without regard to conflict of law principles and provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Non-exclusive jurisdiction and venue for actions related to this Agreement or Licensee’s use of the Software will be the courts located in Amsterdam, the Netherlands.
Privacy Policy
LAST UPDATED ON 31 October, 2024