Terms & Conditions (User Agreement)  

1. Terms

Welcome to Goophie.com.  By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

2. Disclaimer and Release

The materials on Goophie's web site are provided "as is" or "as available." Goophie makes no warranties, expressed or implied, and hereby disclaims, negates and expressly denies, to the fullest extent permitted by law, all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Goophie does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

If you have a dispute with one or more users, you release us (and our officers, directors, agents subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.  If you are a California resident, you waive California Civil Code § 1542, which says "A general release does not extend to claims which the creditor does not know or suspect in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 

3. Limitations of Liability

In no event shall Goophie or its suppliers be liable for any direct, indirect, incidental, special, consequential, or exemplary damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Goophie's Internet site, even if Goophie or a Goophie authorized representative has been notified orally or in writing of the possibility of such damage. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or incurred by reason of other services or products received through or advertised in connection with the Goophie site of the service of any links on the Goophie site, as well as by reason of any information or advice received through or advertised in connection with the Goophie site.  Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

You will not hold Goophie responsible for other users' content, actions or inactions, items they list or their sale of allegedly fake items.  You acknowledge that our sites are venues to allow anyone to offer, sell and buy goods.  We are not involved in the actual transaction between buyers and sellers, and will not be liable or responsible for any action stemming from any transaction on Goophie.  We have no control, are not responsible for, and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that buyer or seller will actually complete a transaction or return an item. 

4. Revisions and Errata

The materials appearing on Goophie's web site could include technical, typographical, or photographic errors. Goophie does not warrant that any of the materials on its web site are accurate, complete, or current. Goophie may make changes to the materials contained on its web site at any time without notice. Goophie does not, however, make any commitment to update the materials.

5. Links

Goophie has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Goophie of the site. Use of any such linked web site is at the user's own risk.

6. Prohibited items and practices

By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.  While using Goophie sites, services and tools, you will not:

• post content or items that contain offensive language, sexually explicit images, pornographic material, any invitation for sexual services,  firearms, ammunition or images of others without their express written permission or sexually orientated devices;
• post any ads or attachments to ad containing offensive language, sexually explicit images, pornographic material of any kind, invitations for illicit and/or illegal services of any kind, illegal firearms, explosives or military ordinance, pharmaceuticals and controlled substances of any kind;
• solicit illegal services from another or to knowingly use this site for any illegal or criminal activities including the buying and selling of stolen goods or services;
• post any image or video media, which is illegally copied or contains the created art or images of or by others without their expressed written permission of the rightful owners;
• buy or sell human or animal body parts, sexually orientated devices, animal furs from protected species;
• post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
• violate any laws, third party rights or our policies. 

7. Site Terms of Use Modifications

Goophie may revise these terms of use for its web site at any time without notice.

8. Governing Law

Any claim relating to Goophie's web site shall be governed in all respects by the laws of the State of Texas without regard to conflict of law provisions.  You agree that any claim or dispute you may have against Goophie must be resolved exclusively by a state or federal court located in Dallas County, Texas, except as otherwise agreed by the parties. 

9.  Personal Information

By using Goophie, you agree to the collection, transfer, storage and use of your personal information by Goophie on servers located in the United States. 

10.  Indemnity

You agree to indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the content you submit, post, or make available through Goophie, your breach of any representations and warranties herein, your breach of this agreement, your own negligence or your violation of any law or rights of third party. 

11.  General

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.  Headings are for reference purposes only and do not limit the scope or extent of such section.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. 

We may amend this Agreement at any time by posting the amended terms on this site.  Except as stated herein all amended terms shall automatically be effective.  This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.