Terms of Use |
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Effective Date: This Terms of Use Agreement was last updated on January 21, 2007.
Hello and welcome to Boopsie. The Boopsie web site, product, and its network (collectively, the ?Service?), is provided by Boopsie, Inc, and its corporate affiliates. This Terms of Use Agreement and the Privacy Policy sets forth the standards of use for Boopsie. By using the Boopsie.com website you (the ?Member?) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted here at www.Boopsie.com. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service Boopsie, Inc., in providing its Members with Service, requires its members must be at least fourteen (14) years of age to register and use the Service. If you are under the age of 14, you are not allowed to register to use the Service. Membership in the Service is void where prohibited. By using the Service, you represent and warrant that you agree to and to abide by all of the terms and conditions of this Agreement. Boopsie may terminate your Membership and/or prohibit you from using or accessing the Service for any reason, at any time, without notice.
Disclaimer of Warranties. The Service is provided by Boopsie, Inc. on an ?as is?, ?with faults,? and on an ?as available? basis. To the fullest extent permitted by applicable law, Boopsie makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, timeliness, or otherwise. Boopsie is not responsible for the conduct, whether online or offline, of any user of the web site or Member of the Service. Boopsie assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Boopsie shall have no liability for any interruptions in the use of Boopsie. Boopsie is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Boopsie be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Service, any content posted on or through the Service or transmitted to Members, or any interactions between users of the Service or Members, whether online or offline. Boopsie disclaims all warranties with regard to the information provided, including the implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
Limitation of Liability Boopsie SHALL NOT be liable for any damages whatsoever, and in particular Boopsie shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Boopsie has been advised of the possibility of such damages.
Indemnification Member agrees to indemnify and hold Boopsie, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys? fees and costs, made by any third party due to or arising out of Member?s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member?s computer, of any intellectual property or any other right of any person or entity.
Members Account All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Boopsie of any unauthorized use of Member?s account or any other breach of security known or should be known to the Member. Member?s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service.
Member Conduct You understand that the Service is available for your personal use only. You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Members from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service for any other purpose. You further agree that you may not use the Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair Web site. In addition, you agree not to use the Service or the Web site to:
upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
intimidate or harass another;
use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Web site.
Member Content Members are solely responsible for the photos, profiles and other published or displayed (collectively, "post") on or through the Service, or transmit to other Members (collectively the "Member Content"). You understand and agree that Boopsie may review and delete or remove any Member Content that in the sole judgment of the Company violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or others.
By posting Member Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
You may remove your Member Content from the Web site at any time. If you choose to remove your Member Content, the license granted above will automatically expire.
Modifications and Interruption to Service Boopsie reserves the right to modify or discontinue the Service with or without notice to the Member. Boopsie shall not be liable to Member or any third party should Boopsie exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Boopsie does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. Inclusion of any linked web site on or through the Service does not imply approval or endorsement of the linked web site by us. If you decide to leave the Web site and access these third-party sites, you do so at your own risk. We encourage all Members to review the policies of third-parties? sites.
Advertisements As consideration for using the service, you agree and understand that we will display advertisements and other information as part of your user experience.
Inactivity After a period of inactivity, we reserve the right to terminate a user?s account without notice.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. Boopsie makes no representations or warranties as to the accuracy or reliability of any information provided on this website. Boopsie also makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
Governing Jurisdiction of the Courts in the State of California
By visiting or using the Web site and/or the Service, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Boopsie, Inc. or any of its affiliates.
Any dispute relating in any way to the Web site and/or the Service (including your visit to or use of the Web site and/or the Service) shall be submitted to confidential arbitration in San Mateo, California, except that, to the extent you have in any manner violated or threaten to violate Boopsie, Inc. or any of its affiliates' proprietary or intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of California.
Any claim, action or proceeding by you related in any way to the Service (including your visit to or use of the Service) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Compliance with Laws Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is copyright 2006-2007 Boopsie, Inc., with all rights reserved, or is the property of Boopsie, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Boopsie is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Boopsie.
Boopsie?, Boopsie.com? are proprietary marks of Boopsie. These trademarks may not be used in connection with any product or service that is not provided by Boopsie, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Boopsie or the Service.
All other trademarks displayed on Boopsie?s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Boopsie.
Notification of Claimed Copyright Infringement We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please contact us at copyright@Boopsie.com and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Botnets Boopsie retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Boopsie reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
Other Terms If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Boopsie, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement. The failure of Boopsie to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. |
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