boof.com terms and conditions
The Web pages available at www.boof.com, and all linked pages (“Site"), are owned and operated by Brett Vallé ("Owner") and is accessed by you (“Visitor”) under the following terms and conditions:
1. ACCESS TO THE SERVICES. Subject to the terms and conditions of this Agreement, Owner may offer to provide certain services, as described more fully on the Site, and which are selected by Visitor through the process provided on the Site (“Services”), solely for Visitor’s own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Owner performs for Visitor, as well as the offering of any content on the Site. Owner may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Owner may also impose limits on certain features and services or restrict Visitor’s access to parts or all of the Services without notice or liability. Owner reserves the right, at its discretion, to modify these Terms and Conditions at any time by posting a notice on the Site, or by sending Visitor a notice via email or postal mail. Visitor shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Visitor following such notification constitutes Visitor's acceptance of these Terms and Conditions as modified.
Visitor certifies to Owner that if Visitor is an individual (i.e., not a corporation) Visitor is at least 18 years of age. Visitor also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
Visitor shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. Visitor shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
2. SITE CONTENT. The Site and its contents are intended solely for the use of Owner Visitors and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright. Visitor shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Visitor may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Terms and Conditions), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
Visitor may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that Visitor maintains all copyright and other notices contained in such Content. Visitor shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Owner, or from the copyright holder identified in such Content's copyright notice.
Visitor acknowledges and agrees that if Visitor uses any of the Services to contribute Content to the Site, Owner is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “Moral Rights.” To the extent Visitor retains any such Moral Rights under applicable law, Visitor hereby ratifies and consents to any action that may be taken with respect to such moral rights by Owner and agrees not to assert any Moral Rights with respect thereto. Visitor warrants, represents and agrees that it will not contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. Owner reserves the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Owner is concerned that Visitor may have breached the immediately preceding sentence), or for no reason at all.
3. RESTRICTIONS. Visitor is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Visitor’s right to Services or to access the Site. Visitor may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Owner user.
Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Visitor will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site, or any processes that run or are activated while the Visitor is not logged in.
4. WARRANTY DISCLAIMER. Owner has no special relationship with or fiduciary duty to Visitor. Visitor acknowledges that Owner has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content Visitor accesses via the Site; what effects the Content may have on Visitor; how Visitor may interpret or use the Content; or what actions Visitor may take as a result of having been exposed to the Content. Visitor releases Owner from all liability for Visitor having acquired or not acquired Content through the Site. The Site may contain, or direct Visitor to sites containing, information that some people may find offensive or inappropriate. Owner makes no representations concerning any content contained in or accessed through the Site, and Owner will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO VISITOR.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): OWNER MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE. Owner will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Owner’s equipment, transmitted over networks accessed by the Site, or otherwise connected with Visitor’s use of the Services.
5. REGISTRATION AND SECURITY. As a condition to using Services, Visitor may be required to register with Owner and select a password and Visitor name ("Owner User ID"). Visitor shall provide Owner with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Visitor's account. Visitor may not (i) select or use as an Owner User ID a name of another person with the intent to impersonate that person; or (ii) use as an Owner User ID a name subject to any rights of a person other than Visitor without appropriate authorization. Owner reserves the right to refuse registration of, or cancel an Owner User ID in its discretion. Visitor shall be responsible for maintaining the confidentiality of Visitor's Owner password.
6. INDEMNITY. Visitor will indemnify and hold Owner, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from (i) any claim or demand made by any third party due to or arising out of Visitor’s access to the Site, use of the Services, the violation of this Agreement by Visitor, or the infringement by Visitor, or any third party using the Visitor's account, of any intellectual property or other right of any person or entity.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL OWNER BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY VISITOR (IF ANY) THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO VISITOR.
8. FEES AND PAYMENT. Some of the Services require payment of fees. Visitor shall pay all applicable fees, as described on the Site in connection with such Services selected by Visitor. Owner reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to Visitor, which may be sent by email or posted on the Site. Use of the Services by Visitor following such notification constitutes Visitor's acceptance of any new or increased charges.
9. TERMINATION. Either party may terminate the Services at any time by notifying the other party by any means. Owner may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Visitor breaches any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of the Visitor's account, Visitor’s right to use the Services, access the Site, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
10. MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Owner shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Owner’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Visitor except with Owner’s prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Visitor does not have any authority of any kind to bind Owner in any respect whatsoever.