Terms and Conditions

January 22, 2007

Welcome to the http://www.gumiyo.com website (the "Site") (we refer to the Site and the services provided through the Site, collectively, as the "Gumiyo Features"). These Terms of Service ("Terms of Service") set forth an agreement between you and Gumiyo, Inc. ("Gumiyo") governing your use of the Gumiyo Features.

By using any of the Gumiyo Features, or by creating a user account, you signify your irrevocable acceptance of these Terms of Service. You may only use the Gumiyo Features and/or open an account if your acceptance of these Terms of Service is not prohibited by applicable law. If you are younger than 18 years old, you must get permission from a parent or guardian to open an account and your parent or guardian must agree to these Terms of Service. If you do not agree to these Terms of Service, then do not use any of the Gumiyo Features.

Gumiyo has the right to modify or update these Terms of Service at any time without providing notice. Any additional or different terms in these Terms of Service shall be effective upon being posted on the Site. Your continued use of any of the Gumiyo Features following the posting of any additional or different terms in these Terms of Service constitutes your irrevocable acceptance of those additional or different terms. Gumiyo reserves the right to add, change, modify, suspend or discontinue all or any of the Gumiyo Features, in its sole discretion, at any time. Unless expressly stated otherwise, the use of any new Gumiyo Features, including the availability of new services or products through the Site, shall be subject to these Terms of Service. In addition, Gumiyo may also impose limits on any of the Gumiyo Features or restrict your access to portions of or the entire Site in its sole discretion without notice or liability. Gumiyo reserves the right to refuse to provide you with access to any of the Gumiyo Features or to allow you to create a user account for any reason.

How Gumiyo Works

Gumiyo Basic
Gumiyo Basic is a free service enabling the following functionality:

• Publishers can list their Item/Product/Service/House/Vehicle/Job on Gumiyo.com
• Gumiyo.com distributes the listing to a number of search engines and classifieds sites around the world
• Gumiyo optimizes their listing for search engines using proven SEO methods
• Gumiyo makes the listing available for browsing and searching via mobile web browsers
• Gumiyo makes the listing available for searching via SMS commands

GumiyoPRO
GumiyoPRO is a subscription-based service providing its members with all the capabilities of Gumiyo Basic plus:

• Publishers can specify a Gumiyo Go Code as a short cut to their mobile homepage
• Publishers can configure a mobile homepage
• Publishers have access to embed web badges on their site, blog or other web pages advertising their Go Code and Listing via mobile web and SMS messaging

GumiyoPRO Elite
GumiyoPRO Elite is a subscription-based service providing its members with all of the capbilities of GumiyoPRO plus:

• Automatic inventory syncronization between Gumiyo & independent third-party vendor
• Various value-add services provided by independent third-party vendors - for more information contact your GumiyoPRO Elite vendor

Billing Information

Monthly Subscriptions
By using the GumiyoPRO service, you are expressly agreeing that we are permitted to bill you a monthly subscription fee, any applicable tax and any other charges you may incur in connection with your use of the GumiyoPRO service.

As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel your membership. We will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

Text Message Communications
Gumiyo does not charge mobile users for accessing a Gumiyo Go Code (ie: sending text to GoCode to receive desired information), however other carrier-related charges (WAP, MMS, GPRS, SMS) and taxes may appear on your cellphone bill. Please consult with your carrier for more details about these charges.

Email Communications - You also agree to receive promotional and account related email communications from Gumiyo. You may unsubscribe from promotional email communications by emailing us at (JavaScript must be enabled to view this email address).

Right to Change Fees - All fees are subject to change upon notice from Gumiyo. Gumiyo will provide you with reasonable notice of such change through a service message to your device, a service email or by posting the change prominently on the website. If you do not agree to the new fees, you will have 10 days from such notice to cancel your account.

Taxes - Gumiyo reserves the right to collect applicable taxes for certain features of the Service.

Help - Text 'HELP' to 48696 for text information on your Gumiyo Service. If you need any additional help either email us at (JavaScript must be enabled to view this email address) or call our toll-free number at 1 (888) 486-9611.

Cancellation
Cancellations - You may cancel your Gumiyo account at any time by sending a text message with the word STOP, END, or QUIT to the shortcode 48696.

Cancellations will take effect immediately and all unredeemed credits will be forfeited. Gumiyo will send you a text message confirming the cancellation. If you have any questions about cancellation, please contact our customer service at (JavaScript must be enabled to view this email address).

Except as set forth above with respect to inadvertent charges, in the event that your account or subscription is terminated or canceled, Gumiyo will not refund any fees.

Proprietary Rights
You acknowledge and agree that Gumiyo, and its licensors, retain all right, title and interest in and to all data and information (excluding data and information that you provide), content and materials provided on the Site (including, without limitation, text, images, graphics, page headers, Gumiyo's trademark and logo, the selection and arrangement of elements displayed on the Site, the compilation of all content and materials on the Site and the business process, procedures, methods and techniques used in the Gumiyo Features) and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world ("Intellectual Property").

Limited License
Gumiyo grants you a limited license to access and use the Gumiyo Features for your personal (or your company's) use, subject to all of the terms and conditions of these Terms of Service. You may not (i) remove any trademarks, copyright notices or any other notice contained in any content, materials or individual element provided on the Site, (ii) reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, create derivative works of, link to, publicly display or perform, or in any way exploit any content, materials or individual element provided on the Site without Gumiyo's prior written consent, (iii) make any commercial use or any derivative use of any of the Gumiyo Features or any of the content, materials or individual element provided on the Site, (iv) frame or utilize framing techniques to enclose any content, materials or individual element provided on the Site or create a link to the Site accessing such content, materials or element without Gumiyo's prior written consent, (v) use any circumvention tools or any metatags or other hidden text utilizing Gumiyo's name, trademark, URL or the name of any of the Gumiyo Features without Gumiyo's prior written consent, or (vi) disassemble, decompile or reverse engineer any of the materials or underlying software made available on or through the Site or used to provide any of the Gumiyo Features.

Accounts and Security
To use certain Gumiyo Features, you will be directed to register with the Site and create a user account or otherwise provide Gumiyo with certain information about yourself and your company (if applicable). By submitting your information through the Site, you grant Gumiyo a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, transmit, and display this information in connection with Gumiyo's operation of the Site and/or performance of the Gumiyo Features for you. As part of the registration process, you will be asked to submit your email address and to select a password. You agree that all information you provide to Gumiyo for purposes of creating an account ("Registration Information") will be true, accurate, current and complete and your failure to provide such information shall constitute a breach of these Terms of Service and may result in the immediate termination of your account. You shall (i) promptly update your Registration Information to keep it true, accurate, current and complete, (ii) maintain the confidentiality of your password, or (iii) properly exit from your account at the end of each session. You shall not (a) select or use the email address or screen name of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, (c) use an email address or screen name that is profane, offensive or otherwise inappropriate or (d) allow any other party to use your account and/or password. You agree to immediately notify Gumiyo of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password. You understand and agree that you shall be liable for all activities that occur under any account created for your use, even if such activities were not committed by you. Gumiyo is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.

Privacy
All information about you including your Registration Information and any information stored or transmitted in any way on the Site or through the use of the Gumiyo Features is subject to Gumiyo's Privacy Policy.

Use of the Gumiyo Features
You shall comply with all applicable laws, statutes, ordinances and regulations in your use of the Gumiyo Features. Gumiyo may immediately terminate your account, or suspend your access to your account, in its sole discretion and without notice, for conduct that Gumiyo believes is: (i) illegal, fraudulent, harassing or abusive, (ii) a violation of these Terms of Service or any other policies or guidelines posted on the Site, or (iii) harmful to other users, third parties, or Gumiyo's business. Use of an account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice. In addition, Gumiyo may terminate your account if you file a claim against Gumiyo, or a claim which in any way involves Gumiyo. Upon Gumiyo's termination of your account for any of the forgoing reasons, (a) you may not establish a new account for a period of 1 year from the date of termination, (b) Gumiyo will have no obligation to notify any third parties regarding such termination, and (c) you will be responsible for any damages that may result or arise out of termination of your account.

You understand that all data, information, text, images, software, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, on the Site or through the use of any of the Gumiyo Features, are the sole responsibility of the person posting or transmitting such Content. You, and not Gumiyo, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available on the Site or through the use of any of the Gumiyo Features. Gumiyo does not control the Content posted on the Site or transmitted through the use of any of the Gumiyo Features and, as such, does not guarantee the accuracy, reliability or quality of such Content. Further, you acknowledge that Gumiyo may or may not pre-screen Content that is displayed on the Site or transmitted through the use of any of the Gumiyo Features. You understand that by visiting the Site or using any of the Gumiyo Features, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will Gumiyo be liable in any way for any user-generated Content including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site or through the use of any of the Gumiyo Features. You agree that Gumiyo may, in its sole discretion, refuse to post, store or transmit any Content submitted by you and may move, remove, edit or modify any such Content for any reason at any time.

You agree not to:

• upload, post, email, transmit, display or the Site or make available through the use of any of the Gumiyo Features (a) any Content that is fraudulent, misleading, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, profane, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law, regulation or standard of conduct, (b) any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), (c) any Content that infringes or misappropriates any patent, trademark, trade secret, copyright, privacy, publicity or other rights of any other person or entity, (d) any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, or (e) any material that contains any virus, Trojan horse, worm, time bomb or any other computer code, files or programs designed to damage, interfere with, intercept, misappropriate, gain control over or limit the functionality of any computer, computer network, communications device, communications system, data or personal information;
• use any of the Gumiyo Features to (1) harm minors in any way, (2) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, (3) for any commercial purpose or the benefit of any third party or any manner not permitted by these Terms of Service, (4) intentionally or unintentionally violate any applicable local, state, national or international law including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law, (5) provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act, or (6) stalk or otherwise harass another;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content displayed on the Site or transmitted through the use of any of the Gumiyo Features;
• remove any proprietary notices from the Site;
• cause, permit or authorize the modification, creation of derivative works, or translation of any Content displayed on the Site or transmitted through the use of any of the Gumiyo Features without Gumiyo's prior written consent;
• attempt to hack the Site, or to defeat or overcome any encryption technology or security measures implemented by Gumiyo with respect any of the Gumiyo Features and/or data transmitted, processed or stored by Gumiyo;
• attempt to harvest or collect any information about or regarding other users of any of the Gumiyo Features, including, but not limited to any personal data or information; and/or
• interfere with or disrupt any of the Gumiyo Features or servers or networks connected to or operated with any of the Gumiyo Features, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with any of the Gumiyo Features.
• initiate communications with other Gumiyo users through email, phone, text-message or other means except in direct response to an inquiry initiated and submitted by a Gumiyo user specific to the listing to which it is attached or through the use of Gumiyo's Tell-a-Friend program (see Tell-a-Friend Program).

Here is a list of items which are prohibited on Gumiyo:

• Obscene material or child pornography.
• Weapons and related items, including firearms, disguised, undetectable or switchblade knives, martial arts weapons, sniper scopes, silencers, ammunition, large capacity magazines, BB guns, tear gas or stun guns.
• Fireworks, including "safe and sane" fireworks or any destructive devices or explosives.
• Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia.
• Alcohol or tobacco products.
• Prescription drugs and medical devices, such as prescription or contact lenses, defibrillators, hypodermic needles or hearing aids.
• Nonprescription drugs that make false or misleading treatment claims or treatment claims that require FDA approval.
• Blood, bodily fluids or body parts.
• Restricted or regulated plants and insects, such as noxious weeds, endangered plant species, or live insects or pests.
• Pesticides or hazardous substances, or items containing hazardous substances such as contaminated toys, or art or craft material containing toxic substances without a warning label.
• Illegal telecommunications equipment, such as access cards, password sniffers, access card programmers and unloopers, or cable descramblers
• Stolen property or personal property with the serial number removed or altered.
• Burglary tools, such as lock-picks or motor vehicle master keys
• False identification cards, items with police insignia, citizenship documents, or birth certificates.
• Counterfeit currency, coins and stamps, as well as equipment designed to make them.
• Counterfeit or knock-off brand name goods.
• Material that infringes copyright, such as warez, bootlegs (without consent of the band), etc.
• Airline tickets that restrict transfer.
• Gambling items, such as lottery tickets, sports trading card 'grab bags,' raffle tickets, sweepstakes entries or slot machines.
• Used or rebuilt batteries, or batteries containing mercury.
• Used bedding and clothing, unless sanitized in accordance with law.
• Non-packaged food items or adulterated food.
• Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information

The following links may be helpful in researching whether a particular transaction is prohibited or regulated:

• Bureau of Alcohol, Tobacco, and Firearms
• Bureau of Industry and Security's Denied Persons List
• California Department of Food and Agriculture Plant Health and Pest Prevention Services Division
• California Health and Safety Code
• California Penal Code
• Consumer Product Safety Commission Recalled Item List
• Copyright Office
• Drug Enforcement Administration
• Federal Laws and Regulations
• Food and Drug Administration
• Fish and Wildlife Service
• National Plant Board
• National Stolen Art File
• Office of Foreign Assets Control
• Patent and Trademark Office

You acknowledge, consent and agree that Gumiyo may access, preserve and disclose account information and/or Content that you provide if Gumiyo is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary to (A) comply with legal process, (B) enforce these Terms of Service, (C) respond to claims that any Content violates the rights of third parties, (D) respond to your requests for customer service, or (E) protect the rights, property or personal safety of Gumiyo, its employees, partners and agents or members of the public.

By displaying Content on the Site or transmitting Content through the use of any of the Gumiyo Features, you grant Gumiyo a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, distribute, transmit, display and publicly perform such Content in connection with Gumiyo's operation of the Site and/or performance of the Gumiyo Features for you.

Tell-a-Friend Program
Gumiyo has implemented a Tell-a-Friend program so that Gumiyo users can easily forward listings to individuals with whom they have an existing relationship. By participating in Gumiyo's Tell a Friend Program, you agree to forward listings only to those individuals with whom they have an existing relationship. It is expected that this personal relationship provides implicit or explicit consent by the recipient for the participant to send such promotion-based emails. This Tell a Friend Program is limited to distribution via email and is not to be posted or sent on either Usenets or message boards where the posting is unrelated to the topic of discussion. Additionally, these emails are not to be sent via list-serves or distributed via offline mechanisms such as flyers, leaflets, posters and the like.

Spam: the distribution of unsolicited commercial, junk, mass, or bulk email.
Spam is an annoyance to recipients, a waste of time, and costly to Internet service providers. If you as an Internet user send unsolicited email to individuals with whom you have no prior relationship or from whom you have no prior consent, you are a Spammer.

Anti-Spam procedures
Gumiyo does not condone the use of Spam and as a result, have implemented uncompromising procedures to prevent the distribution of Spam through this Tell-a-Friend Program. Email recipients may report incidents of Spam or abuse by Tell-a-Friend participants by clicking the “Report Item” link on the listing page associated with the email in question.  Email recipients may also click the link at the bottom of the email to report abuse or spam. All substantiated reports are investigated and offending members will be removed as well as the ability to participate in future Gumiyo Tell a Friend Programs. This statement describes the general guidelines that we follow in implementing this Tell a Friend Program.

Ramifications of participant Spam
Gumiyo will immediately revoke the participation rights of any and all participants who are found to be spamming other Internet users with this Tell a Friend Program. Participants who have had accounts revoked due to spamming activity will be ineligible to participate in future Gumiyo Tell a Friend Programs.

Guidelines to follow to ensure you are not sending Spam
DO NOT send emails to intended recipients with whom you have no prior relationship. DO NOT collect names/email addresses without the express consent of those users (unless they have opted-in, assume they are opting-out). DO NOT send irrelevant and/or offensive content in any email. DO share value through email only if you have specific knowledge of the recipient's needs and interests.

How do you report incidents of Spam?
Notify us of a Spam incident here {link to Support or (JavaScript must be enabled to view this email address)]. All substantiated reports are investigated and offending participants may permanently lose any and all current and future benefits of participation in Gumiyo Tell a Friend Programs.

Anti-Spam resources on the Internet
If you are interested in learning more about Spam and its impact on the Internet, please visit the following Web sites:

    * http://www.cauce.org (The Coalition Against Unsolicited Commercial Email)
    * http://www.abuse.net (The Network Abuse Clearinghouse)
    * http://www.mail-abuse.com (The Mail Abuse Prevention System, LLC)
    * http://www.spamcon.org (SpamCon Foundation)
    * spam.abuse.net (The Responsible Net Commerce Site)

Links to Other Websites
The Site contains links to other Internet websites and resources. Gumiyo provides these links merely as a convenience and the inclusion of any link does not constitute or imply any affiliation, endorsement or sponsorship by Gumiyo of such websites or any content contained therein. You acknowledge and agree that Gumiyo is not responsible or liable in any way for any content, advertising, services or goods on or made available from such websites or resources.

Warranty Disclaimers
You understand that the processing and transmission of communications relating to the use of any of the Gumiyo Features may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that Gumiyo will not be responsible or liable for the timeliness, deletion, mis-delivery or failure to store any data, information or content that you provide for display on the Site or for transmission through the use of any of the Gumiyo Features.

THE SITE AND THE GUMIYO FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GUMIYO SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, NO WARRANTIES SHALL BE IMPLIED BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE.

Gumiyo makes no representation or warranty that (i) the Site or the Gumiyo Features will meet your expectations or requirements, (ii) the Site or the Gumiyo Features will be available, uninterrupted, timely, secure, accurate, complete or error-free, (iii) any results or information that may be obtained from the use of the Site or the Gumiyo Features will be accurate, timely, complete or reliable, (iv) any errors or defects in the Site or the Gumiyo Features will be corrected, or (v) the Site and the Gumiyo Features and/or the server that makes the Site and the Gumiyo Features available are free of viruses, clocks, timers, counters, worms, software locks, Trojan horses, trap doors, time bombs or any other harmful codes, instructions, programs or components. Operation of the Site and the Gumiyo Features may be interfered with by numerous factors outside of Gumiyo's control including, but not limited to, telecommunications network disruptions. Gumiyo is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Site or the Gumiyo Features. You acknowledge that the entire risk arising out of the use or performance of the Site or any of the Gumiyo Features remains with you to the maximum extent permitted by law.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

YOUR ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE OR ANY OF THE GUMIYO FEATURES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SITE AND THE GUMIYO FEATURES.

Limitation of Liability
IN NO EVENT SHALL GUMIYO OR ITS LICENSORS, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OF SERVICE , WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, FOR (I) ANY LOST OR CORRUPTED DATA, LOST PROFITS, LOSS OR DAMAGE TO ANY COMPUTER, MOBILE PHONE OR MOBILE DEVICE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF GUMIYO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GUMIYO'S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). Some jurisdictions do not allow the exclusion of incidental or consequential damages or limitation of liability, so the above exclusions and limitations may not apply to you.

Termination
You agree that Gumiyo, in its sole discretion and without notice or liability to you, may terminate your use of, or access to, the Site or any of the Gumiyo Features at any time if Gumiyo believes in good faith that you have violated or acted inconsistently with these Terms of Service or any applicable law, rule or regulation or that you have engaged in conduct that Gumiyo determines to be inappropriate or unacceptable.

Indemnity
You agree to defend, indemnify and hold Gumiyo and its licensors and marketing partners, together with their respective employees, agents, directors, officers and shareholders, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including reasonable attorneys' fees and costs) arising out of (i) your use or misuse of the Site or any of the Gumiyo Features, (ii) your breach or alleged breach of these Terms of Service, (iii) your violation or of any law, rule, regulation or rights of others in connection with your use of the Site or any of the Gumiyo Features or (iv) your use or disclosure of another person's personal financial or credit information.

Copyright Infringement
Gumiyo respects the intellectual property rights of others and we ask our users to do the same. If you believe a user of the Site is infringing your copyright, please notify Gumiyo in accordance with the following procedure:

All notifications of copyright infringement must be in writing and directed to Gumiyo's designated agent at the following address, fax number or email address:

Gumiyo, Inc. Attn: Copyright Infringement
24025 Park Sorrento
Suite 210
Calasbasas, CA 91302 (JavaScript must be enabled to view this email address)

Each notification must include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that website, (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit Gumiyo to locate the material, (iv) information reasonably sufficient to permit Gumiyo to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) 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 (vi) 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 an exclusive right that is allegedly infringed.

Miscellaneous
These Terms of Service constitute the entire agreement between you and Gumiyo with respect to your access and use of the Site and the Gumiyo Features and supersedes all prior and contemporaneous agreements between you and Gumiyo. If any of the provisions of these Terms of Service is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Gumiyo's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The laws applicable to the interpretation of these Terms of Service shall be the laws of the State of California, and applicable federal law, without regard to any conflicts of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Gumiyo Features, that you and Gumiyo will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator in any attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.

If you have any questions about these Terms of Service or your rights or Gumiyo's obligations relating to any of the Gumiyo Features, please email us at (JavaScript must be enabled to view this email address) or you may contact us by mail at:

Gumiyo, Inc. 24025 Park Sorrento
Suite 210
Calasbasas, CA 91302


California Residents
If you are unable to resolve a complaint you may have regarding the services provided through the Site, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite North 112, Sacramento, California 95834, or by telephone at (800) 952-5210.