I. TERMS AND CONDITIONS APPLICABLE TO ALL USERS OF THE PROMOTION SERVICE
B. BoomTime may, from time to time, need to interrupt the Promotion Service for maintenance and other operational reasons, as determined in its sole discretion, and you will not receive any compensation or refund for such interruptions, and you hereby release and agree to defend, indemnify, and hold harmless BoomTime and its parent companies, affiliates, and subsidiaries and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from and against any and all claims, costs (including without limitation attorneys' fees), injuries, losses, or damages arising in connection with such interruptions.
C. BoomTime cannot guarantee that the Promotion Service will be available to you, function without interruption or that the Promotion Service will function properly. BoomTime does not guarantee the safety or integrity of any system connected to its network. This includes, but is not limited to, virus and/or trojan software infestation of said machine(s), hacker activity and exposure of confidential data. By using the Promotion Service, you acknowledge that you are solely responsible for the safety of your hardware, software, and data for the duration of your use of the Promotion Service. You also accept all liability for any of your actions while using the Promotion Service. This includes, but is not limited to, sending of unsolicited email. YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PROMOTION SERVICE IS AT YOUR SOLE RISK. THE PROMOTION SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOOMTIME MAKES NO REPRESENTATIONS THAT INDIVIDUALS USING ITS PROMOTION SERVICE ARE WHOM THEY PURPORT TO BE OR THAT SPONSORS' PROMOTIONS WILL BE CONDUCTED IN CONFORMANCE WITH APPLICABLE LAWS, RULES, OR REGULATIONS. BOOMTIME HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR ANY PROMOTIONS OR ACTIONS OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY PROMOTION SPONSORS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE PROMOTION SERVICE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH THE PROMOTION SERVICE OR ANY PROMOTION.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT AS REQUIRED BY APPLICABLE LAW, BOOMTIME SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THE PROMOTION SERVICE.
E. You agree to not use the Promotion Service to:
intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation;
upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
impersonate any person or entity, including, but not limited to, a BoomTime employee, contractor, volunteer, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, post, email, transmit or otherwise make available any content that you do not have a lawful, legal right to make available;
make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
make available any unsolicited or unauthorized advertising, promotional or any other form of solicitation, except in those areas that are expressly designated for such purpose;
interfere or attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Promotion Service or BoomTime Site, or overloading, "flooding," "spamming," "mail bombing," or "crashing" the Promotion Service, the BoomTime Site, or any other host or network;
access content or data not intended for you, or log onto a server or account that you are not authorized to access;
attempt to probe, scan or test the vulnerability of the Promotion Service, BoomTime Site(s) or any associated system or network, breach security or authentication measures without proper authorization, interfere with or disrupt the Promotion Service or servers or networks connected to the Promotion Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Promotion Service;
attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human perceivable form any of the software provided by BoomTime, BoomTime Site(s) or used by BoomTime in providing the Promotion Service; or
use a personal account for high volume or commercial use (e.g., revenue generation, advertising, etc.).
The Promotion Service may contain material, including, but not
limited to, text, software, photos, video, graphics, music, sound and
other proprietary information, which may be protected by copyright,
trademark, patent and other forms intellectual property law.
Furthermore, the entire contents of the Promotion Service are covered
as a collective work under the United States copyright laws. BoomTime
owns copyrights in the selection, coordination, arrangement and
enhancement of such material, as well as in the content original to
it. You may not modify, publish, transmit, participate in the
transfer or sale, create derivative works, or in any way exploit, any
of the content, in whole or in part. Except as otherwise expressly
permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded
material will be permitted without the express permission of
BoomTime. In the event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or deletion of
author attribution, trademark legend or copyright notice shall be
made. You acknowledge that you do not acquire any ownership rights by
downloading copyrighted material. BoomTime, its subsidiaries and
affiliates, own all rights to their logos and trademarks used in
connection with the BoomTime Site(s). All other logos and trademarks
appearing on the Boomtime Site(s) are the property of their
G. BoomTime respects the rights of all copyright holders. BoomTime has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BoomTime's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
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 BoomTime to locate the material;
Information reasonably sufficient to permit BoomTime to contact the complaining party;
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
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.
submit your notice to BoomTime's Copyright Agent as follows:
J. Seth Gardenswartz, Esq.
P.O. Box 35160
Albuquerque, NM 87176
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. The Counter-Notice must contain:
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;
Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Northern District of California, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.
submit your Counter-Notice to BoomTime's Copyright Agent via email
or mail to the addresses specified above.
H. We encourage parents to take an active interest in their children's use of the Internet. The Promotion Service is not designed to collect personal information from those under 13 years of age, and we do not intend to, or knowingly collect such information. If you are under 13, you are not permitted to use the Promotion Service and should not provide personal information on any BoomTime Site.
II. TERMS AND CONDITIONS APPLICABLE TO PROSPECTIVE PROMOTION ENTRANTS OF PROMOTIONS USING THE PROMOTION SERVICE
A. Requests for Your Personal Information
Sponsors using the Promotion Service may ask you for certain personal information (name, address, gender, date of birth, etc.) when you fill out the entry form for that Sponsor's Promotion. Providing this information is strictly optional. However, if you choose not to enter the information required by the Sponsor in its Promotion rules, then you may not be eligible to participate in the Promotion. Please see each Sponsor's Promotion rules for entry requirements and other important details.
B. Access to Your Personal Information
C. Promotion Terms & Conditions
Each Sponsor running a Promotion using the Promotion Service is responsible for providing its own Promotion rules, terms, and conditions, and ensuring such Promotion complies with applicable laws, rules, and regulations. The rules for each Promotion are provided or are linked to in the Promotion entry form. You will be required to agree to these rules and terms and conditions before you can enter each Promotion. It is important that you review those rules, terms, and conditions carefully before consenting to them. You acknowledge that BoomTime shall not be responsible or liable for any Sponsor's or other third party's compliance or non-compliance with such rules, terms, and conditions or with applicable laws, rules, or regulations. All such matters are solely between you and the Sponsor offering the applicable Promotion.
III. FOR SPONSORS RUNNING PROMOTIONS USING THE PROMOTION SERVICE
A. Entrant's Personal Information
B. Compliance with Laws and Regulations
For information about BoomTime's pricing policy, please visit www.boomtime.com/pricing
D. ENTIRE AGREEMENT
E. SPECIAL TERMS APPLICABLE TO FACEBOOK PLATFORM APPLICATION
Facebook requires that BoomTime notify you and require you to agree to all of the following terms and conditions in connection with your use of the Facebook platform:
The terms and conditions below describe the terms applicable to your installation and use of certain applications which use the Facebook Platform (as defined below) to access certain information about you that is available from the www.facebook.com website (the "Facebook Site") or to retrieve authorized data from third-party sites for use on the Facebook Site ("Platform Applications").
The "Facebook Platform" is a set of application programming interfaces (APIs) and services provided by Facebook which makes this information available to Platform Applications and allows Facebook and third-party developers ("Developers") to develop new features and applications that Facebook hopes will enhance your ability to interact with people in your life in new and interesting ways.
II. Consent Regarding Use of Facebook Site Information
Information That May Be Provided to Developers. In order to allow you to use and participate in Platform Applications created by Developers ("Developer Applications"), Facebook may from time to time provide Developers access to the following information (collectively, the "Facebook Site Information"):
(a) any information provided by you and visible to you on the Facebook Site, excluding any of your Contact Information, and
(b) the user ID associated with your Facebook Site profile.
(c) Examples of Facebook Site Information. The Facebook Site Information may include, without limitation, the following information, to the extent visible on the Facebook Site: your name, your profile picture, your gender, your birthday, your hometown location (city/state/country), your current location (city/state/country), your political view, your activities, your interests, your musical preferences, television shows in which you are interested, movies in which you are interested, books in which you are interested, your favorite quotes, the text of your "About Me" section, your relationship status, your dating interests, your relationship interests, your summer plans, your Facebook user network affiliations, your education history, your work history, your course information, copies of photos in your Facebook Site photo albums, metadata associated with your Facebook Site photo albums (e.g., time of upload, album name, comments on your photos, etc.), the total number of messages sent and/or received by you, the total number of unread messages in your Facebook in-box, the total number of "pokes" you have sent and/or received, the total number of wall posts on your Wall, a list of user IDs mapped to your Facebook friends, your social timeline, and events associated with your Facebook profile.
(d) Privacy Settings: You may revoke or modify your permission for Facebook to provide Facebook Site Information to Developers at any time through the means provided in your privacy settings.
(e) Developer Agreement. Before providing any information to any Developer through the Facebook Platform, Facebook requires each Developer to enter into an agreement (a "Developer Agreement"), which, among other things, strictly limits their collection, use, and storage of Facebook Site Information. The standard Developer Agreement consists of the Facebook Developer Terms and Conditions and the related Facebook Platform Application Guidelines. Facebook may from time to time enter into separate agreements with certain third party Developers that contain different or additional terms, provided however, that each such separate agreement will require the third party Developer to only display your information in accordance with your Facebook privacy settings. The standard Developer Agreement is subject to change without prior notice at any time, in Facebook 's sole discretion, so you should review these terms from time to time. However, Facebook cannot guarantee that each Developer will comply with its contractual requirements, and Facebook does not assume any liability or responsibility for any of Developer's actions, Developer Applications or websites, or for enforcing any Developer Agreement against any Developer.
III. Use of Platform Applications
(a) Developer Applications. When you install a Developer Application, you understand that such Developer Application has not been approved, endorsed, or reviewed in any manner by Facebook, and Facebook is not responsible for your use of or inability to use any Developer Applications, including without limitation the content, accuracy, or reliability of such Developer Application and the privacy practices or other policies of the Developer. YOU USE SUCH DEVELOPER APPLICATIONS AT YOUR OWN RISK. Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using Developer Applications. Those terms and/or policies may give Developers rights with respect to your Facebook Site Information beyond those provided by the Developer Agreement. PLEASE REVIEW EACH DEVELOPER'S TERMS AND/OR POLICIES CAREFULLY.
(c) You acknowledge that Developers or Facebook or its licensors own all right, title and interest in and to any and all Platform Applications, portions thereof, and/or content or software provided through or in conjunction with any Platform Applications, including without limitation any and all patent, copyright, trademark, trade secret and other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You also agree to not remove, obscure, or alter Facebook's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through any Platform Applications. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any Platform Applications; and
(e) ALL PLATFORM APPLICATIONS ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. FACEBOOK EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FACEBOOK FURTHER EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF ANY PLATFORM APPLICATIONS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL AND/OR USE ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION OR USE OF ANY PLATFORM APPLICATIONS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
(f) Integration or "Entire Agreement" Clauses in Application-Specific Terms and Conditions. For the avoidance of doubt, the existence of any provision of any separate terms and conditions or agreements applicable to any Facebook Applications to the effect that such terms or agreement constitute the entire agreement or understanding between you and Facebook with respect to any subject matter, however phrased, will not be deemed to supersede or preclude enforcement of any of the terms and conditions set forth in paragraphs III (c), (d) (e) and (g) and this paragraph (f) except to the extent that such terms directly conflict with the terms of such other agreement or terms.
(g) RELEASE AND DISCLAIMER. YOU HEREBY IRREVOCABLY RELEASE AND AGREE TO HOLD HARMLESS FACEBOOK AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES, FROM ANY AND ALL CLAIMS, COSTS, LOSSES, LIABILITIES AND DAMAGES OF ANY SORT (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHERWISE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED)), CONTRACT, WARRANTY, STRICT LIABILITY, RELIANCE OR UNDER ANY OTHER THEORY, AND WHETHER OR NOT FACEBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF: (A) YOUR DOWNLOAD, INSTALLATION OR USE OF ANY FACEBOOK APPLICATIONS OR DEVELOPER APPLICATIONS, (B) DELIVERY OF ANY INFORMATION BY FACEBOOK TO ANY DEVELOPER; OR (C) ANY USE BY ANY DEVELOPER OF ANY INFORMATION, WHETHER OR NOT SUCH USE IS IN ACCORDANCE WITH THE DEVELOPER AGREEMENT. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.