By accessing or using the Platform, you confirm that you unconditionally accept these Terms and that you agree to fully comply with them. Please read these Terms carefully before using the Platform. If you do not agree to these Terms, please do not use the Platform and you are not granted permission to access, view, or otherwise use the Platform for any purpose.
The Platform may contain links or embedded material to third party content, which GoodFM has not reviewed, including, without limitation, other websites and third party services, for the convenience of visitors, advertising purposes, or for other similar functions related to GoodFM’s business. GoodFM linking or embedding to third party content does not imply an advertisement or endorsement of any good, service, product, or otherwise, provided by such third party. GoodFM is not responsible for any third party content linked or embedded to or from the Platform and expressly disclaims, without limitation, any responsibility for any third party content, the accuracy of any information found on any third party website, or the quality of products of services provided by or advertised on such third party website.
You must be at least 13 years of age to use the Platform. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Platform is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
2. License to Users
2.1 Subject to your full compliance with the Terms and to the extent we are lawfully able to grant such rights, GoodFM grants you a non-exclusive, non-sublicensable and non-transferable license to the Intellectual Property solely for the purposes of accessing Works, using the Platform, and for other purposes expressly stated herein.
2.2 For the avoidance of doubt, the Terms do not transfer from us to you any of our, or any third party’s intellectual property rights, and all right, title and interest in and to such property will remain vested with the applicable owner.
3. Registration and Accounts
3.1 To use certain features of the Platform, you are required to register for a GoodFM account (an “Account”). You agree that all information that you submit during the Account signup process, or additional information you submit to your Account profile at any time thereafter, shall be accurate and truthful, and you shall keep the same up to date.
3.2 Your Account is unique and personal to you, and you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your Account.
3.3 You have the ability to delete your Account, and you should understand that upon deletion of your Account, you will lose the right to access or use all or part of the Platform.
3.4 We reserve the right to disable, suspend, or terminate your Account, at any time, for any reason in our discretion, especially when you fail to comply with any provision of these Terms.
4. Comments on Platform
4.1 GoodFM welcomes your interaction on the Platform. Certain features of the Service may permit users to post or publish comments on the Service, including but not limited to suggestions, messages, comments, reviews, etc. (a “Comment” or “Comments”). You shall fully understand and agree to this section prior to posting or publishing any Comment on the Service.
4.2 For the avoidance of doubt, all rights not expressly granted to GoodFM herein shall be reserved to you and GoodFM is not claiming any ownership in and to Comments that you posted or published.
4.3 There are limited rights of Comments granted / licensed to GoodFM. By posting and publishing a Comment, you grant GoodFM a worldwide and non-exclusive right and license (with the right to sublicense to GoodFM affiliates solely in connection with their provision of the Services) to host, store, transfer, transmit, distribute and make secondary use of your Comment, in whole or in part, in any media formats. GoodFM is licensed to use the Comment for any purpose, in perpetuity, without owing any obligation or liability to you whatsoever. If you wish to keep a Comment private or proprietary, please do not transmit any Comment to GoodFM or share any Comment with others.
4.4 There are limited rights of Comments granted / licensed to other users. By uploading, posting and publishing a Comment and / or sharing a Comment with other users of the Service, you grant other users a non-exclusive license to access and use that Comment as permitted by these Terms and the functionality of the Service.
4.5 There are following Representations and Warranties of Comments. You shall take sole responsibilities for any Comment that you post or publish on the Service, and you are responsible for the consequences of posting or publishing such Comment. By posting or publishing a Comment, you affirm, represent, and warrant that:
(a) You are the creator of the Comment, or have the necessary licenses, rights, consents, and permissions to authorize GoodFM and users of the Service to use and distribute your Comment as necessary to exercise the licenses granted by you in this section, in the manner contemplated by GoodFM, the Service, and these Terms;
(b) Your Comment, in whole or part, does not involve or embody: (i) lobbyists, political action committees, political campaigns; (ii) sexually explicit description, cover and graphic, etc. (including any pornography); (iii) hate speech (e.g. discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age); (iv) infringement of legitimate rights and interests of minors; (ⅴ) offensive content (e.g. reviews that harass, bully or attack others, potentially slanderous or libelous content, etc.); (ⅵ) advertisement; (ⅶ) content that infringes, violates, or misappropriates any third-party right, including but not limited to any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ⅷ) content that violates any applicable federal, state, or local law, regulation, statute, code or any applicable content guidelines for any distribution platform.
(c) Presenting and using your Comments as contemplated by these Terms, will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) any other GoodFM policies or guidelines to which your Comment is subject; (iv) cause GoodFM to violate any law or regulation.
4.6 You are aware that the uploaded, posted and published Comments are automatically stored and presented in our Service. Unless otherwise provided by law, GoodFM is under no obligation to monitor, filter, edit or control Comments that you or other users post or publish, and will not be in any way responsible or liable for such Comments. GoodFM may, however, at any time and without prior notice, screen, remove, delete, take down, edit, or block any Comments that in our sole determination violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to Comments from a variety of sources and acknowledge that Comments may be inaccurate, offensive, indecent, or objectionable. GoodFM does not endorse any Comment or any opinion, recommendation, or advice expressed in any Comment. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against GoodFM with respect to User Content. We expressly disclaim any and all liability in connection with Comments.
5. Restricted User Conduct
5.1 Regarding content provided by GoodFM or by our contractors (“Content”) on the Service, GoodFM implements our content policy (“Content Policy”) that in accordance with the relevant laws and regulations, and policies and requirements provided by distribution platforms’ operators.
5.2 When you feel that our Content or Comments that posted or published by other users involve(s) or embody/embodies: (i) lobbyists, political action committees, political campaigns; (ii) sexually explicit description, cover and graphic, etc. (including any pornography); (iii) hate speech (e.g. discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age); (iv) infringement of legitimate rights and interests of minors; (ⅴ) offensive content (e.g. reviews that harass, bully or attack others, potentially slanderous or libelous content, etc.); (ⅵ) advertisement; (ⅶ) content that infringes, violates, or misappropriates any third-party right, including but not limited to any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ⅷ) content that violates any applicable federal, state, or local law, regulation, statute, code or any applicable content guidelines for any distribution platform, or that your legitimate rights and interests are violated, you may file an complaint or report against such content to GoodFM. (Regarding infringement of intellectual property rights, you may also send us a notice according to Section 12 of the Terms.) You are aware that when we are notified by a user or content owner that a Comment allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to take measures provided in the Terms against the Comment, which we reserve the right to do at any time and without sending notice to the provider of the Comment.
6. Payment Terms
6.1 Access to the Platform, or to certain features of the Service, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. dollars and are non-refundable.
6.2 GoodFM reserves the right to determine pricing for the Service. GoodFM will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information.
6.3 GoodFM will charge the payment method you specify at the time of purchase. You authorize GoodFM to charge to that payment method all sums for orders that you make and any level of Service you select as described in these Terms or published by the Company. If you pay any fees with a credit card, GoodFM may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. Payment processing services are provided by the third-party service through which the purchase is made (e.g., Apple In-App Purchases, Google Play, PayPay).
6.4 All purchases may be subject to taxes and other fees, including, without limitation, foreign exchange fees or differences in prices based on location (e.g. exchange rates). We may calculate taxes payable by you based on the information that you provide us via your Account or at the time or purchase.
7.1 The Platform is made available “as is”, “as available”, and “with all faults” for the stated purposes herein. Use of the Platform is entirely at your own risk and you should use your best judgment and exercise caution while using the Platform.
7.2 GoodFM makes no guarantee that your use of the Platform, and all other features or functionalities associated with the Platform, or delivery or display of the Platform, will be available, uninterrupted, interference free, or error free, or be free from any viruses, worms, or other security intrusions. You understand and agree that you use the Platform, and use, access, download, or otherwise obtain materials or content through the Platform and any associated sites or Platforms, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the Platform), or the loss of data that results from the use if the Platform or the download or use of that material or content.
7.3 GoodFM does not guarantee the availability, delivery, performance, pricing, or punctuality of any Works or other Intellectual Property appearing on the Platform. Without limitation, this includes making no guarantee that any future Episodes of a Work are posted by a writer or publisher in a timely manner, that Works will remain available on the Platform, or the pricing of Works or Services.
7.4 GoodFM assume no responsibility for the deletion or failure to store any Comments or other information submitted by you to the Platform, and we expressly do not promise to store or keep any Comments that you have submitted to the Platform. You are solely responsible for saving backup copies of any Comments that you upload to the Platform.
7.5 You understand and agree that GoodFM is not liable for any failure of performance due to any cause beyond its control, including, without limitation, acts of God, fire, explosion, vandalism, terrorism, weather disturbances, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, action or request by any government, suspension of existing service in compliance with state or federal law, rule, or regulations.
8. Limitation of Liability
8.1 Notwithstanding anything to the contrary contained herein, GoodFM shall not be liable to you for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, which are in any way related to the Platform or these Terms, regardless of legal theory (including, without limitation, contract, tort, personal injury, property damage, negligence, warranty, or strict liability), whether or not GoodFM has been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purposes. If you are dissatisfied with the Platform, or with any of these Terms, or feel GoodFM has breached these Terms, your sole and exclusive remedy is to discontinue using the Platform. This limitation of liability is part of the basis of the bargain between us.
8.2 Notwithstanding anything to the contrary herein, if any part of this limitation of liability is found to be invalid or unenforceable for any reason, GoodFM’s agreement liability arising out of breach of this Terms and/or your use of the Platform will not exceed, in the agreement amount for all claims, five hundred dollars ($500.00 USD).
9.1 You are responsible for your use of the Platform, and you will defend and indemnify GoodFM and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “GoodFM Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Platform; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
9.2 GoodFM reserves the right to take over the exclusive defense of Claims for which GoodFM is entitled to indemnification, and in such event, you shall provide prompt and reasonable cooperation to GoodFM at your own expense.
In addition to these Terms, a Promotion made available by GoodFM through the Platform, or otherwise may have specific rules that are different from these Terms. By participating in a Promotion, you agree to and will become subject to those additional terms and conditions, which will be provided to you when a Promotion is offered. GoodFM urges you to review all rules before you participate in any Promotion. The rules of a specific Promotion will take priority over these Terms in the event of any conflict of the language with a given Promotion.
11. Infringement of Intellectual Property Rights
11.1 GoodFM respects the intellectual property rights of others and desires to offer a Platform that contains no material that violates the intellectual property rights of others. If you believe in good faith that your intellectual property rights have been infringed through use on the Platform, you may notify us by email at: contact@GoodFM.com with “Notice of Infringement” in the subject line, which contains:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright (or other intellectual property) interest;
A description of the copyrighted work (or other intellectual property interest) that you claim has been infringed;
A description specifying the location on the Platform of the material that you claim is infringing;
Your email address and your mailing address and/or telephone number;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright (or other intellectual property) owner, its agent, or the law; and
A statement by you made under penalty of perjury, that the information in your notice is accurate and that you are the copyright (or other intellectual property) owner or authorized to act on the copyright (or other intellectual property) owner’s behalf.
If you believe that a notice of intellectual property infringement has been improperly submitted against you, you may submit a “Counter-Notice of Infringement” to GoodFM, which contains:
Your physical or electronic signature;
Identification of the material removed or to which access has been disabled;
A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified; and
Your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the court (a) in the judicial district where your address is located if the address is in Singapore, or (b) located in Singapore, if your address is located outside Singapore, and that you will accept service of process from the complainant submitting the notice or his/her authorized agent.
11.2 Any notice or counter-notice you submit pursuant to the foregoing must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice. Notwithstanding anything to the contrary stated herein, please note that whether or not GoodFM disables access to or removes any materials pursuant to the foregoing, GoodFM may disclose your identity to any third party who has alleged a violation of intellectual property rights hereunder, or supplied us with a counter-notice, as well as disclose the contents of any notice of counter-notice. You acknowledge and agree that any disclosures by us pursuant to the foregoing shall not violate any of your rights, including, without limitation, any rights of privacy that you may have.
12. Choice of Law and Dispute Resolution
12.1 You consent and agree that the Terms will be exclusively governed by the laws of Singapore applicable to contracts entered into and performed within Singapore and notwithstanding any conflict of law principles.
12.2 You and GoodFM agree that any dispute, claim, or controversy between you and GoodFM arising in connection with or relating in any way to these Terms or to your relationship with GoodFM (whether based in contract, tort, fraud, misrepresentation, or any other legal theory, and regardless if the claims arise during or after the termination of the Terms) will be determined by mandatory binding arbitration. Any arbitration between you and GoodFM will be resolved by binding arbitration administered by the Singapore International Arbitration Centre (”SIAC”) under the Administrative Arbitration Rules of the Singapore International Arbitration Centre in force when the notice of arbitration is submitted.
All legal notices pursuant to the Terms shall be in writing and shall be given by email to GoodFM at: contact@GoodFM.com. By using the Platform, you agree that any notice due under the Terms that GoodFM sends you electronically will satisfy any legal communication or notification. You agree to keep all of your contact information contained in your Account up to date, and we are not responsible in the event you fail to keep your Account or contact information up to date.
14. Contact Information
The Platform is operating by Singapore New Reading Technology PTE. LTD., located at 2 VENTURE DRIVE #11-31 VISION EXCHANGE SINGAPORE (608526). You may contact us by sending correspondence to that address or by emailing us at contact@GoodFM.com.