Terms & Conditions

1. ACCEPTANCE OF TERMS

By accessing, browsing, or using the Gooners website (collectively, including but not limited to all Content, Uploads, User Submissions, and services available through gooners.tv, hereinafter referred to as "Gooners", the "Website", or the "Platform"), you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions contained herein, the terms and conditions of Gooners's Privacy Policy (incorporated herein by reference), and all future amendments and modifications thereto (collectively referred to as this "Agreement" or these "Terms of Service").

YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, YOU MUST IMMEDIATELY DISCONTINUE USE OF gooners.tv AND EXIT THE WEBSITE.

Gooners reserves the right, in its sole and absolute discretion, to modify, amend, supplement, or replace any of the terms and conditions of this Agreement at any time. Any such modifications shall become effective immediately upon posting on the Website. Your continued use of the Website following the posting of any modifications constitutes your acceptance of and agreement to such modifications. It is your responsibility to review this Agreement periodically for changes. If you do not agree to any modifications, your sole remedy is to discontinue use of the Website.

The terms and conditions contained herein apply to all users of Gooners, whether a casual visitor, registered member, content uploader, or any other category of user. You are only authorized to access and use gooners.tv if you agree to abide by all applicable local, state, national, and international laws, regulations, and ordinances, and to be legally bound by the terms and conditions of this Agreement.

This Agreement constitutes a legally binding contract between you and Gooners. By using this Website, you represent and warrant that you have the legal capacity to enter into this Agreement.

2. DESCRIPTION OF SERVICE

Gooners is an online platform that allows for the uploading, hosting, sharing, and viewing of various types of adult-oriented content, permitting registered and unregistered users to share and view visual depictions of adult content, including sexually explicit images and videos. The Website contains video content, images, information, and other materials posted and/or uploaded by users. Gooners allows its users to access and view Content subject to strict compliance with the terms and conditions of this Agreement.

Gooners acts solely as a passive conduit for user-generated content and does not exercise editorial control over User Submissions prior to their posting. Gooners does not produce, create, or commission any of the user-uploaded content available on the Website.

The Website may contain hyperlinks to third-party websites that are not owned, operated, or controlled by Gooners. Gooners has no control over, and assumes no responsibility or liability for, the content, privacy policies, terms of service, practices, availability, or security of any third-party websites. The inclusion of any hyperlink does not imply endorsement, approval, or recommendation by Gooners. You acknowledge and agree that Gooners shall not be responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party website. We strongly advise you to review the terms and conditions and privacy policies of any third-party websites you visit.

Gooners is intended for your personal, non-commercial use only and shall not be used for any commercial endeavor except those specifically endorsed or approved in writing by Gooners. Any illegal and/or unauthorized use of Gooners is strictly prohibited, including but not limited to: collecting usernames, email addresses, or other user data by any means (including but not limited to crawlers, bots, spiders, or scrapers) for any purpose, including sending unsolicited communications; unauthorized framing of or linking to the Website; attempting to gain unauthorized access to any portion of the Website or any systems or networks connected thereto; or interfering with any other party's use and enjoyment of the Website.

3. ELIGIBILITY AND ACCESS REQUIREMENTS

ACCESS TO THIS WEBSITE IS RESTRICTED TO ADULTS ONLY. By accessing this Website, you affirm, represent, and warrant under penalty of perjury that:

You are at least eighteen (18) years of age;
You are at least the age of majority in your jurisdiction of residence and from which you are accessing the Website, if such age of majority is greater than eighteen (18) years;
You are accessing this Website from a jurisdiction where viewing adult content is legal;
You are not accessing this Website from any jurisdiction where adult content is prohibited by law;
You will not permit any person under the age of majority in your jurisdiction to access, view, or use this Website through your account or devices;
You voluntarily choose to view sexually explicit material for your own personal use;
You are not offended by adult content and do not find such material objectionable;
You understand the standards and laws of the community, locale, jurisdiction, state, and country in which you reside and are legally permitted to access adult content; and
You will not redistribute, transmit, or make available to minors any content obtained from this Website.

IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU ARE STRICTLY PROHIBITED FROM ACCESSING, VIEWING, OR USING THIS WEBSITE. EXIT NOW.

Gooners reserves the right, at any time and in its sole discretion, to require proof of age verification from any user and to deny access to any user who fails to provide satisfactory proof of eligibility. Gooners may implement age verification technologies and may cooperate with regulatory authorities regarding age verification requirements.

4. USER CONDUCT AND PROHIBITED ACTIVITIES

You acknowledge and agree that you are solely responsible for all activity that occurs under your account and for all User Submissions that you post, upload, publish, transmit, or otherwise make available through Gooners, including all consequences arising therefrom.

You expressly agree that you shall NOT, and shall not permit any third party to, post, upload, publish, transmit, or otherwise make available on or through Gooners any content that:

Depicts, portrays, or involves any person under the age of eighteen (18) years in any manner whatsoever, regardless of whether such depiction is sexually explicit;
Is illegal, unlawful, or violates any applicable local, state, national, or international law, regulation, or ordinance;
Depicts or promotes non-consensual sexual activity, including but not limited to rape, sexual assault, or any sexual act performed without the explicit, informed consent of all participants;
Constitutes non-consensual intimate imagery (commonly known as "revenge porn"), including any intimate, sexual, or nude images or videos of any person distributed without that person's explicit consent;
Depicts or promotes bestiality, zoophilia, or any sexual act involving animals;
Depicts or promotes incest or sexual activity between family members;
Depicts or glorifies extreme violence, torture, mutilation, death, or "snuff" content;
Depicts or promotes physical harm, injury, or violence against any person or group;
Depicts or promotes cruelty to animals;
Is harassing, harmful, threatening, abusive, defamatory, libelous, slanderous, or invasive of another's privacy;
Is obscene in a legal sense, meaning content that (a) appeals to prurient interests, (b) depicts sexual conduct in a patently offensive way, and (c) lacks serious literary, artistic, political, or scientific value;
Is hateful, discriminatory, or promotes hatred, discrimination, or violence against individuals or groups based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic;
Infringes, misappropriates, or violates any copyright, trademark, patent, trade secret, or other intellectual property or proprietary right of any third party;
Violates any person's right of privacy, right of publicity, or any other personal or proprietary right;
Contains software viruses, worms, Trojan horses, malware, ransomware, spyware, or any other computer code, files, or programs designed to interrupt, destroy, limit the functionality of, or enable unauthorized access to any computer software, hardware, network, or telecommunications equipment;
Constitutes spam, chain letters, pyramid schemes, junk mail, phishing, or any form of duplicative or unsolicited messages;
Contains false, misleading, or fraudulent information or misrepresents your identity or affiliation;
Impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with any person or entity;
Solicits personal information from minors or exploits minors in any way;
Promotes, facilitates, or relates to human trafficking, prostitution, or escort services;
Advertises, promotes, or solicits commercial activities or sales, including but not limited to contests, sweepstakes, barter, and advertising or pyramid schemes, without prior written authorization from Gooners;
Exposes Gooners to any criminal, civil, or administrative liability; or
Otherwise violates these Terms of Service or any policies or guidelines published by Gooners.

You further agree that you shall NOT:

Use the Website for any purpose that is illegal, harmful, or prohibited by this Agreement;
Attempt to circumvent, disable, or otherwise interfere with any security-related features of the Website or features that prevent or restrict use or copying of any Content;
Use any automated system, including but not limited to robots, spiders, crawlers, scrapers, or offline readers, to access the Website;
Attempt to probe, scan, or test the vulnerability of the Website or any associated systems or networks;
Take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure;
Interfere with or disrupt the Website or servers or networks connected to the Website;
Attempt to gain unauthorized access to any portions of the Website or any accounts, computer systems, or networks connected to the Website; or
Use the Website in any manner that could damage, disable, overburden, or impair the Website.

Gooners reserves the absolute right, in its sole and unfettered discretion, to determine what action shall be taken in the event of any discovered or suspected violation of this Agreement, including but not limited to content removal, account suspension or termination, reporting to law enforcement authorities, and pursuit of legal remedies.

5. INTELLECTUAL PROPERTY RIGHTS

The Content contained on Gooners, with the exception of User Submissions, including but not limited to the text, software, scripts, graphics, music, videos, photos, sounds, interactive features, user interface, visual interface, design, compilation, trademarks, service marks, trade names, logos, and all other elements contained therein, are owned by and/or licensed to Gooners and are subject to copyright, trademark, and other intellectual property rights under United States, Canadian, and foreign laws and international conventions.

All Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, reverse-engineered, decompiled, disassembled, or otherwise exploited for any other purposes whatsoever without the prior written consent of Gooners or the respective owners. Gooners reserves all rights not expressly granted in and to the Website and the Content.

You agree not to engage in the use, copying, reproduction, or distribution of any Content other than as expressly permitted herein, including any use, copying, and/or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of any Content for personal use, you must retain all copyright, trademark, and other proprietary notices contained therein.

You agree not to disable, circumvent, or otherwise interfere with any security-related features of Gooners or features that prevent or restrict use or copying of any Content or that enforce limitations on the use of the Website or the Content therein. Any unauthorized use of the Content may violate copyright laws, trademark laws, privacy and publicity laws, and communications regulations and statutes.

6. USER SUBMISSIONS AND CONTENT LICENSING

Gooners permits the submission of videos, images, and other communications, and the hosting, sharing, and publishing of such user submissions ("User Submissions"). You understand and acknowledge that whether or not User Submissions are published and/or uploaded, Gooners does not guarantee any confidentiality with respect to any User Submissions.

Consent and Documentation Requirements: By uploading, posting, or submitting any User Submission to Gooners, you affirm, represent, and warrant under penalty of perjury that:

You are at least eighteen (18) years of age and at least the age of majority in your jurisdiction;
You own or have obtained all necessary rights, licenses, consents, releases, and permissions to use and authorize Gooners to use all intellectual property rights in and to any and all User Submissions;
ALL persons depicted in your User Submissions are at least eighteen (18) years of age at the time of creation of the content, without exception;
You have verified the age of all persons depicted in your User Submissions through examination of valid government-issued photo identification documents, and you have retained copies of such documentation in compliance with 18 U.S.C. § 2257 record-keeping requirements and any other applicable laws;
You have obtained the explicit, voluntary, informed, written consent of each and every identifiable individual person depicted in any User Submission, authorizing: (a) the creation of such content; (b) the use of their name, image, likeness, and any other identifying characteristics; and (c) the distribution, display, reproduction, and public performance of such content on the Website and through any media channels;
All User Submissions depict only consensual activity, and all participants provided their free, voluntary, and informed consent prior to and during the creation of such content;
No User Submission was created through force, fraud, coercion, or any form of human trafficking;
You have retained and will maintain all required documentation, consents, releases, and age verification records for a minimum of seven (7) years from the date of upload or as required by applicable law, whichever is longer;
You will provide such documentation to Gooners upon request within forty-eight (48) hours; and
Your User Submissions do not violate any applicable law, regulation, or ordinance, and do not infringe upon the rights of any third party.

License Grant to Gooners: By submitting User Submissions to Gooners, you hereby grant Gooners a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, transferable, perpetual, and irrevocable license to use, reproduce, distribute, prepare derivative works of, modify, adapt, publish, translate, publicly perform, publicly display, and otherwise exploit such User Submissions, in whole or in part, in connection with the Gooners Website and Gooners's business (and its successors' and affiliates' businesses), including without limitation for promoting and redistributing part or all of the Gooners Website and derivative works thereof, in any media formats and through any media channels now known or hereafter developed.

License Grant to Users: You also hereby grant each user of the Gooners Website a non-exclusive, royalty-free license to access your User Submissions through the Website and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions solely as permitted through the functionality of the Website and under these Terms of Service.

Retention of Ownership: For clarity, you retain all of your ownership rights in your User Submissions. The licenses granted herein do not constitute a transfer or assignment of any ownership rights.

License Termination: The licenses granted by you to Gooners shall survive termination of your account; however, you may request removal of your User Submissions, and Gooners will use commercially reasonable efforts to remove such content within a reasonable time, provided that you understand and acknowledge that: (a) cached, archived, or otherwise retained copies may not be immediately removable; and (b) Gooners shall not be liable for any continued third-party use of content that was legitimately accessed prior to removal.

Embedding: Gooners allows and permits you to link to materials on the Website and to use the "Embeddable Player" feature for personal, non-commercial purposes only, provided that you include a prominent, functional hyperlink back to the Gooners website on the pages containing the Embeddable Player. You may not modify, build upon, block, or obscure any portion or functionality of the Embeddable Player. Gooners reserves the right to discontinue the Embeddable Player feature or any aspect of the Website at any time without notice.

Prohibited User Submissions: In addition to the prohibitions set forth in Section 4, you further agree that you shall not submit any content 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 have obtained all necessary permissions;
Contains falsehoods, misrepresentations, or misleading statements that could damage Gooners or any third party;
Constitutes unauthorized advertising, promotional materials, or solicitations; or
Impersonates any person or entity or misrepresents your affiliation with any person or entity.

No Endorsement: Gooners does not endorse any User Submission or any opinion, recommendation, or advice expressed therein. Gooners expressly disclaims any and all liability in connection with User Submissions. You understand and acknowledge that when using gooners.tv, you may be exposed to User Submissions from a variety of sources that may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Gooners with respect thereto.

Content Moderation: Gooners reserves the absolute right, but assumes no obligation, to monitor, screen, review, edit, refuse to publish, remove, or block access to any User Submission at any time, for any reason or no reason, with or without notice, in its sole and absolute discretion. Gooners may also terminate any user's access to the Website for uploading material in violation of these Terms of Service. The decision to remove content or terminate a user's access shall be final and non-appealable.

Cross-Platform Distribution: You understand, acknowledge, agree, and specifically authorize Gooners to use, reuse, post, publish, or distribute any User Submissions on any other website or platform owned, operated, or controlled by Gooners, or on any website or platform with which Gooners has an agreement regarding content distribution.

7. COPYRIGHT INFRINGEMENT AND DMCA COMPLIANCE

Gooners respects the intellectual property rights of others and expects its users to do the same. Gooners will respond to notices of alleged copyright infringement that comply with applicable law and are properly submitted to our designated Copyright Agent.

If you believe that your copyrighted work has been copied and is accessible on this Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information in accordance with the Digital Millennium Copyright Act ("DMCA"):

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Gooners to locate the material (such as the specific URL);
Information reasonably sufficient to permit Gooners to contact the complaining party, such as an address, telephone number, and email address;
A statement that the complaining party has 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; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the copyright interest.

Gooners has adopted a policy of terminating, in appropriate circumstances, the accounts of users who are deemed to be repeat infringers. Gooners may also, in its sole discretion, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.

8. ACCOUNT TERMINATION POLICY

Gooners reserves the right, in its sole and absolute discretion, to terminate, suspend, or restrict any user's access to all or any part of the Website at any time, for any reason or no reason, with or without notice, and without liability. Grounds for termination may include, but are not limited to:

Violation of any term or condition of this Agreement;
Repeated copyright infringement or other intellectual property violations;
Uploading, posting, or transmitting any prohibited content;
Conduct that Gooners believes is harmful to other users, third parties, or the business interests of Gooners;
Fraudulent, abusive, or otherwise illegal activity;
Failure to comply with age verification requirements or misrepresentation of age; or
Any other conduct that Gooners deems inappropriate or objectionable.

Upon termination of your account or access: (a) all rights and licenses granted to you under this Agreement shall immediately terminate; (b) you must immediately cease all use of the Website; and (c) Gooners may, but is not obligated to, delete your account information and User Submissions. Termination of your account shall not relieve you of any obligations incurred prior to termination, nor shall it limit any liability you may have to Gooners or any third party.

9. ZERO TOLERANCE POLICY

Gooners maintains an absolute and unconditional ZERO TOLERANCE POLICY with respect to the following categories of content, which are strictly prohibited on the Website:

Child Sexual Abuse Material (CSAM): Any visual depiction of sexually explicit conduct involving a minor (any person under the age of 18), including but not limited to child pornography as defined under 18 U.S.C. § 2256 and any applicable state, federal, or international laws;
Bestiality/Zoophilia: Any sexual act or sexually explicit content involving animals;
Non-Consensual Content: Any depiction of rape, sexual assault, or any sexual activity without the explicit consent of all participants, including "revenge porn" or non-consensual intimate imagery;
Extreme Violence: Torture, mutilation, death, "snuff" content, or any content depicting actual violence causing serious injury or death;
Human Trafficking: Any content created through or promoting human trafficking, sexual exploitation, or forced labor; and
Any Other Illegal Content: Any content that violates applicable local, state, federal, or international law.

Gooners will immediately remove any such content upon discovery and will permanently terminate the accounts of any users who upload, post, or transmit such content. Gooners will fully cooperate with law enforcement agencies, including providing all available information regarding users who upload or distribute illegal content. Gooners may proactively report suspected illegal activity to the National Center for Missing & Exploited Children (NCMEC) and other appropriate authorities.

If you become aware of any content on the Website that you believe violates this Zero Tolerance Policy, please report it immediately using the reporting mechanisms provided on the Website.

10. FEES AND PAYMENTS

You acknowledge and agree that Gooners reserves the right to charge fees for access to certain features or services on the Website and to modify its fee structure at any time in its sole discretion. Any changes to fees will be posted on the Website and will become effective upon posting.

In the event that Gooners terminates your rights to use the Website due to a breach of this Agreement, you shall not be entitled to any refund of any unused portion of subscription fees, membership fees, or any other payments made to Gooners.

All fees are non-refundable except as expressly stated otherwise in writing by Gooners or as required by applicable law.

11. USER REPRESENTATIONS AND WARRANTIES

By using the Website, you represent and warrant that:

All information you provide to Gooners is accurate, current, and complete;
You will maintain the accuracy of such information and promptly update it as necessary;
You have the legal capacity and authority to enter into this Agreement and to perform the obligations required of you hereunder;
You are not a minor in your jurisdiction of residence;
You will not access the Website through automated or non-human means;
You will not use the Website for any illegal or unauthorized purpose; and
Your use of the Website will not violate any applicable law, regulation, or ordinance.

As a condition of using Gooners, you agree to the terms of Gooners's Privacy Policy, as may be modified from time to time. You acknowledge and agree that the technical processing and transmission of the Website, including your User Submissions, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that data collected and maintained by Gooners may be disclosed in accordance with Gooners's Privacy Policy.

12. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE GOONERS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ALL CONTENT, SERVICES, AND FEATURES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOONERS, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE;
WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT;
WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE; AND
WARRANTIES REGARDING ANY CONTENT OR SERVICES OBTAINED THROUGH THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE.

GOONERS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE WEBSITE. GOONERS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE, AND GOONERS WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GOONERS OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, GOONERS'S WARRANTIES AND LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOONERS, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER GOONERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOONERS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO GOONERS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (US $100.00).

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT GOONERS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, ILLEGAL, OR OTHERWISE WRONGFUL CONDUCT OF ANY USER OR THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GOONERS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, GOONERS'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

14. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Gooners, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, partners, licensors, and suppliers (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, losses, damages, costs, expenses, and liabilities, including but not limited to reasonable attorneys' fees and legal costs, arising out of or in any way connected with:

Your access to and use of the Gooners Website;
Your User Submissions, including but not limited to any claims that your User Submissions infringe or violate any third-party rights;
Your violation of any term or condition of this Agreement;
Your violation of any applicable law, regulation, or ordinance;
Your violation of any third-party right, including without limitation any intellectual property right, proprietary right, privacy right, or publicity right;
Any claim that your User Submissions caused damage to a third party;
Any misrepresentation made by you; or
Any dispute between you and any third party.

Gooners reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Indemnified Parties, and you agree to cooperate fully with Gooners's defense of such claims. You agree not to settle any matter without the prior written consent of Gooners.

This defense and indemnification obligation shall survive the termination of this Agreement and your use of the Gooners Website.

15. DISPUTE RESOLUTION AND ARBITRATION

Informal Resolution: Before initiating any formal dispute resolution proceeding, you agree to first contact Gooners and attempt to resolve any dispute informally. Most disputes can be resolved quickly and amicably through informal negotiation.

Binding Arbitration: If we are unable to resolve a dispute informally, you and Gooners each agree that any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the Website, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by binding arbitration. The arbitration shall be conducted in accordance with the rules of a recognized arbitration organization, and the arbitrator's decision shall be final and binding.

Class Action and Jury Trial Waiver: YOU AND GOONERS EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND GOONERS EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Exceptions: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm pending arbitration.

Limitation on Time to File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

16. GOVERNING LAW AND JURISDICTION

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the jurisdiction in which Gooners is incorporated or operates, without regard to its conflict of law provisions.

To the extent that any lawsuit or court proceeding is permitted hereunder, you agree to submit to the exclusive personal jurisdiction of the courts located within the jurisdiction where Gooners is incorporated or operates, and you waive any objection to the laying of venue in such courts and any claim that such courts are an inconvenient forum.

17. ASSIGNMENT

The terms and conditions contained herein, and any rights and licenses granted hereunder, may not be transferred, assigned, delegated, or sublicensed by you without the prior written consent of Gooners. Any attempted transfer, assignment, delegation, or sublicense in violation of this provision shall be null and void. Gooners may freely transfer, assign, delegate, or sublicense this Agreement and any of its rights and obligations hereunder without restriction and without notice to you.

18. SEVERABILITY

If any term, clause, or provision of this Agreement is held to be invalid, illegal, void, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the validity or enforceability of any other term, clause, or provision of this Agreement. The invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties. If such modification is not possible, the provision shall be deemed severed from this Agreement, and the remaining provisions shall continue in full force and effect.

19. ENTIRE AGREEMENT

This Agreement, together with the Privacy Policy and any other legal notices or policies published by Gooners on the Website, constitutes the entire agreement between you and Gooners concerning your use of the Website and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Gooners with respect to the subject matter hereof.

20. WAIVER

No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Gooners's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

21. CONTACT INFORMATION

If you have any questions, concerns, or complaints regarding this Agreement or the Website, please contact Gooners through the contact information provided on the Website.

For copyright infringement notices and DMCA-related communications, please contact our designated Copyright Agent through the contact information provided on the Website.

For reports of illegal content or violations of our Zero Tolerance Policy, please use the reporting mechanisms provided on the Website or contact us directly.

22. ACKNOWLEDGMENT

BY USING THE GOONERS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND GOONERS, WHICH SUPERSEDES ANY PRIOR AGREEMENTS OR UNDERSTANDINGS, WHETHER WRITTEN OR ORAL, RELATING TO THE SUBJECT MATTER HEREOF.