Terms and Conditions of Use
IMPORTANT — READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS Boomtowne.com (ALONG WITH ITS SUBSIDIARIES AND BUSINESSES ("Boomtowne.com") WEBSITE (THE "WEBSITE"), SUBSCRIBING TO Boomtowne.com SERVICES, PURCHASING BoomTowne.com PRODUCTS, DOWNLOADING BoomTowne.com SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR OTHERWISE USING THE BoomTowne.com SERVICES AND PRODUCTS, AND THE RELATED BoomTowne.com SOFTWARE, DATA AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE "BoomTowne.com TECHNOLOGY").
BoomTowne.com IS WILLING TO PROVIDE YOU WITH LIMITED ACCESS TO THE BoomTowne.com TECHNOLOGY THROUGH THE WEBSITE AND MAKE AVAILABLE BoomTowne.com PRODUCTS AND SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM BoomTowne.com OR ITS AFFILIATES IN CONNECTION WITH THE BoomTowne.com TECHNOLOGY AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY ADDITIONAL TERMS AND CONDITIONS THAT CAN BE VIEWED EITHER ON THE PAGES CONTAINING ANY SERVICES OR OFFERINGS, OR VIA A LINK ON THOSE PAGES OR OTHER DIRECTIONS TO THE ADDITIONAL TERMS AND CONDITIONS (COLLECTIVELY, THE "AGREEMENT").
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE ACCESSING OR OTHERWISE USING THE BoomTowne.com TECHNOLOGY, AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING THE BoomTowne.com TECHNOLOGY OR PURCHASING PRODUCTS AND SERVICES FROM BoomTowne.com.
By accessing, subscribing, downloading and/or otherwise using the BoomTowne.com Technology, you certify that you (a) are at least fifteen (15) years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of BoomTowne.com that may be published within the BoomTowne.com Technology or the Website. If the person accessing, subscribing and/or otherwise using the BoomTowne.com Technology is under the age of majority in his/her state of residence, then such person should review and discuss this Agreement with their parent or legal guardian, and by such person's accessing, subscribing, downloading and/or otherwise using the BoomTowne.com Technology, such person's parent or legal guardian is deemed to have consented to such person's entering into this Agreement and deemed to have agreed to have such person be bound by the terms hereof. Notwithstanding anything to the contrary herein, to access, subscribe to, download and/or otherwise use the BoomTowne.com Technology for any "R Rated" portion of the Website as described on the Website by BoomTowne.com, you must be at least eighteen (18) years of age, and by accessing, subscribing, downloading and/or otherwise using the BoomTowne.com Technology for any "R Rated" portion of the Website as described on the Website by BoomTowne.com, you certify that you are at least eighteen (18) years of age.
The BoomTowne.com Technology is owned and operated by BoomTowne.com and its licensors and is protected by copyright and other intellectual property laws under United States and international laws and treaties - Copyright 2006 BoomTowne.com. All rights reserved. The compilation and arrangement of all content, data and other information found within the BoomTowne.com Technology are also the sole and exclusive property of BoomTowne.com and its licensors and is protected by U.S. and international intellectual property laws. The "look and feel" of the BoomTowne.com Technology, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to BoomTowne.com and its licensors and fully protected under U.S. and international intellectual property laws.
Use of the BoomTowne.com Technology
Subject to the terms and conditions set forth herein and any third party restrictions, BoomTowne.com grants you a non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access the BoomTowne.com Technology to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content to the extent made available by BoomTowne.com for such purposes on the Website solely for your informational purposes and for your immediate, private, personal and non-commercial use, and (b) make purchases of goods and services through links found on this Website or through the BoomTowne.com Technology; provided you retain all BoomTowne.com copyright and proprietary notices contained in the original materials or any copies thereof.
All rights to ownership or use not expressly stated herein are reserved by BoomTowne.com and BoomTowne.com disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access or adapt the BoomTowne.com Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the BoomTowne.com Technology, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the BoomTowne.com Technology, or any part thereof, including, but not limited to, using any part of the BoomTowne.com Technology to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the BoomTowne.com Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of BoomTowne.com, its affiliates, its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use BoomTowne.com Technology to harm minors in any way; (viii) fraudulently impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using BoomTowne.com Technology; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the BoomTowne.com Technology; (x) upload, post, email, transmit or otherwise make available any materials 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); (xi) 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; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, trojans, spyware, adware or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) interfere with or disrupt the BoomTowne.com Technology or servers or networks connected to the BoomTowne.com Technology, or disobey any requirements, procedures, policies or regulations of networks connected to the BoomTowne.com Technology (including, but not limited, to the Website); and (xiv) "stalk" or otherwise harass another; or collect or store personal data about other users.
You agree not to access the BoomTowne.com Technology by any means other than through the means that is provided by BoomTowne.com for use in accessing the BoomTowne.com Technology.
By posting information or other materials on the Website or within the BoomTowne.com Technology or by making such information available for downloading by you, BoomTowne.com does not waive any proprietary right in and to the BoomTowne.com Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the BoomTowne.com Technology except for the limited license expressly granted herein.
Except as otherwise provided herein, any and all comments, suggestions, ideas, graphics, videos, content, data and other information that you transmit to BoomTowne.com through the BoomTowne.com Technology (each, a "Submission") shall remain your sole and exclusive property, and you shall be solely responsible for your Submission and the consequences of posting or publishing it. By submitting your Submission to BoomTowne.com, you hereby grant BoomTowne.com and its successors and assigns a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, transmit or otherwise distribute, perform, publicly perform and display your Submission for any legal purposes whatsoever now known or hereinafter becomes known. You also grant each user of the BoomTowne.com Technology and the Website a non-exclusive license to access your Submission through the Website and to use, copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your Submission to the extent expressly authorized by the BoomTowne.com on the Website and/or in this Agreement. The licenses granted by you in this paragraph in a Submission that is a video terminate within a commercially reasonable time after you remove or delete such Submission from the Website. You understand and agree, however, that BoomTowne.com may retain, but not display, distribute, or perform, server copies of Submissions that have been removed or deleted and that BoomTowne.com shall have no obligation to attempt to remove from distribution any of your Submissions that are videos that are otherwise publicly available through the Internet or other publicly accessible medium. The above licenses granted by you in Submissions that are not videos are perpetual and irrevocable.
By making a Submission, you waive the right to make any claim against BoomTowne.com or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you. You represent and warrant that your Submission: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for BoomTowne.com or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders. You also agree to maintain and promptly update your Submission by means of the BoomTowne.com Technology in order to keep that information true, accurate, current and complete.
You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize BoomTowne.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Submission to enable inclusion and use of the Submission in the manner contemplated by this Agreement; and (ii) you have any necessary written or implied consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by this Agreement.
BoomTowne.com does not and cannot review all Submissions posted to or created by users accessing the BoomTowne.com Technology (including, but not limited to, the Website), and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the BoomTowne.com Technology (including, but not limited to, the Website), BoomTowne.com is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users' activities. BoomTowne.com and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Website for inappropriate content. BoomTowne.com and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, BoomTowne.com reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to BoomTowne.com in its sole discretion.
Any and all trademarks displayed within the BoomTowne.com Technology are owned by BoomTowne.com, its licensors or its affiliates, or are the property of third parties (in which case BoomTowne.com makes no claim of ownership rights therein).
At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of BoomTowne.com. "Confidential Information" means any trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to BoomTowne.com or its licensors, including, but not limited to, all parts of the BoomTowne.com Technology and any other materials or information related to the business or activities of BoomTowne.com that are not generally known to others engaged in similar businesses or activities.
YOU ACCESS AND USE THE BoomTowne.com TECHNOLOGY AT YOUR SOLE RISK. THE BoomTowne.com TECHNOLOGY IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BoomTowne.com AND ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS DISCLAIM ALL WARRANTIES (WHETHER EXPRESS, STATUTORY OR IMPLIED) OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, DATA ACCURACY, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. Without limiting the foregoing, BoomTowne.com and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not represent or warrant that (a) the BoomTowne.com Technology will be uninterrupted, timely, secure or error-free, (b) the defects in the BoomTowne.com Technology will be corrected, (c) the BoomTowne.com Technology or the servers that operate the BoomTowne.com Technology are free of viruses or other harmful components, (d) the data, results and information within the BoomTowne.com Technology will be correct, accurate, adequate, useful, reliable or otherwise; and (e) the BoomTowne.com Technology will meet your needs, requirements or expectations.
BoomTowne.com may make changes to the content within the BoomTowne.com Technology or to the products or services described in it, at any time without notice to you. Further, BoomTowne.com and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no liability or responsibility for any errors or omissions in the content within the BoomTowne.com Technology. The materials in the BoomTowne.com Technology may be out of date or inaccurate, and BoomTowne.com and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders specifically disclaim any duty to update such content. Any material downloaded or otherwise obtained by you through the use of the BoomTowne.com Technology is done at your sole discretion and risk. You will be solely responsible for any damage to your computer systems or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses and other forms of malware or badware
You acknowledge and agree that BoomTowne.com and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submission; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by BoomTowne.com. You acknowledge and agree that BoomTowne.com and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for any Submission or conduct of any third party, including, but not limited to, content sent using and/or included within the BoomTowne.com Technology provided by any other user of the Website or any third party licensors or suppliers of BoomTowne.com.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If any of the exclusions set forth in this Section is determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the BoomTowne.com Technology, and no warranties shall apply after such period.
Limitation of Liability
NEITHER BoomTowne.com, ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, SHAREHOLDERS, SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE BoomTowne.com TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE BoomTowne.com TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE BoomTowne.com TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN OR ACCESSED VIA THE BoomTowne.com TECHNOLOGY; THE LINKING TO OTHER WEBSITES FROM THE BoomTowne.com TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THE WEBSITE; COMPUTER VIRUS OR SYSTEM FAILURE; UNAUTHORIZED ACCESS TO OR USE OF SERVERS AND/OR PERSONAL OR FINANCIAL INFORMATION STORED ON THE SERVERS; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE BoomTowne.com TECHNOLOGY WHETHER OR NOT BoomTowne.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL BoomTowne.com' AND ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS’ AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO BoomTowne.com FOR ACCESS AND USE OF THE BoomTowne.com TECHNOLOGY OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH THE BoomTowne.com TECHNOLOGY, OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00).
SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
Access to the BoomTowne.com Technology
You shall be responsible for obtaining access to the BoomTowne.com Technology and for all equipment necessary to access the BoomTowne.com Technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all fees and charges associated with connecting you to the BoomTowne.com Technology, including, without limitation, all telephone, equipment, airtime and internet service provider charges, and associated taxes.
Passwords and Your Obligations
You may be asked to register as a member on certain pages or services within the BoomTowne.com Technology and to select a unique username and password in order to be able to access your account and use any of the BoomTowne.com Technology. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify BoomTowne.com in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., "logging off") at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.
Please notify us immediately of any unauthorized use of your user name and password via our contact form.
The BoomTowne.com Technology resides on the public internet. BoomTowne.com uses commercially reasonable measures to protect the confidentiality and security of communications transmitted to BoomTowne.com and information stored on servers controlled by BoomTowne.com. Notwithstanding these efforts, BoomTowne.com cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.
Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the BoomTowne.com Technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the BoomTowne.com Technology, overloading, "flooding," "mailbombing" or "crashing" the BoomTowne.com Technology. Violations of system or network security may result in civil or criminal liability. BoomTowne.com reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
Subject to the terms and conditions set forth herein, you may use the BoomTowne.com Technology only for lawful purposes. The BoomTowne.com Technology is subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations and ordinances 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 the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law that are applicable to the use of the BoomTowne.com Technology and to your Submission.
You agree to indemnify, defend, and hold harmless BoomTowne.com, its parent company, successors, assigns, affiliates, agents, vendors, distributors, licensors, end users and suppliers and their officers, directors and employees from and against all losses, expenses, obligations, claims, damages and costs, including reasonable attorneys' fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the BoomTowne.com Technology; and (d) any use of your Submission by BoomTowne.com or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity. This indemnification and defense obligation will survive this Agreement and your use of the BoomTowne.com Technology.
You agree that BoomTowne.com, at its sole discretion, may terminate or suspend your access to and use of the BoomTowne.com Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if BoomTowne.com believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. BoomTowne.com reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the BoomTowne.com Technology (or any part thereof) without notice. You agree that BoomTowne.com and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the BoomTowne.com Technology. Your obligations under this Agreement shall continue even after BoomTowne.com has terminated and/or cancelled this Agreement or your access to the BoomTowne.com Technology. Any provision that by its nature survives shall survive termination, expiration or cancellation of this Agreement including, but not limited to, the license granted by you to BoomTowne.com for use of your Submission.
Products sold from the Website may not be resold by you as new or distributed to or through dealers. Notwithstanding anything to the contrary herein, BoomTowne.com reserves the right to adjust your order to ensure compliance with the terms and conditions of this Agreement, and/or refuse to complete your order for goods and services.
Product Display/Colors & Specifications
The BoomTowne.com Technology (including, but not limited to, the Website) attempts to display product images shown through it as accurately as possible. However, BoomTowne.com and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders are not responsible for and cannot guarantee the performance or price of any goods, products or services advertised through the BoomTowne.com Technology, and cannot guarantee that the image or color you see displayed on your monitor represents the actual product or conforms to the specifications of the product you have selected.
Features, pricing and specifications of products and/or services described or depicted through the BoomTowne.com Technology (including, but not limited to, the Website) are subject to change at any time without notice. Weights and measures are approximate.
Applicability of Content
The Website is intended for residents of the United States and is operated in the State of New York, United States of America. BoomTowne.com and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders make no representation that the content provided through the BoomTowne.com Technology is applicable or appropriate for use in jurisdictions other than the United States of America. If you access the BoomTowne.com Technology (including, but not limited to, the Website) from outside of the United States, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the BoomTowne.com Technology, you may not view or use the BoomTowne.com Technology.
This Agreement shall be governed and construed in all respects by the laws of the State of New York, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. You agree that the BoomTowne.com Technology (including, but not limited to the Website) is deemed a passive website that does not give rise to personal jurisdiction over BoomTowne.com or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree to submit to the exclusive jurisdiction of the courts of the State of New York located in the County of New York or the United States District Court for the Southern District of New York for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Website. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
BoomTowne.com Intellectual Property Notice
BoomTowne.com has designated the person listed below as its agent to receive notifications of alleged copyright infringement on the Website. BoomTowne.com respects the intellectual property of others, and asks our users to do the same. BoomTowne.com will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide BoomTowne.com' IP Agent the following information in writing pursuant to the Digital Millennium Copyright Act (Please confirm these requirements with your legal counsel or see Section 512(c)(3) of the Copyright Act for more information) (the "Notice"):
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a specific description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a specific description of where the material that you claim has been infringed is located in the BoomTowne.com Technology sufficient to permit BoomTowne.com to locate the material;
4. your address, telephone number and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law; and
6. a statement by you that the information in your Notice is accurate and a statement made under penalty of perjury that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you believe that your work has been removed or disabled by mistake or misidentification, please provide the BoomTowne.com' IP Agent with the following information in writing pursuant to the Digital Millennium Copyright Act (Please confirm these requirements with your legal counsel or see Section 512(g)(3) of the Copyright Act) (the "Counter Notice"):
1. a physical or electronic signature of the subscriber of the BoomTowne.com Technology;
2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
You acknowledge that if you fail to comply with all of the aforementioned Notice requirements in writing, your Notice may not be valid and that BoomTowne.com may ignore such incomplete or inaccurate notices without liability of any kind.
Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
BoomTowne.com will terminate rights of subscribers and account holders in appropriate circumstances if they are determined to be repeat infringers.
BoomTowne.com' IP Agent for Notice and Counter Notice of claims of copyright or other intellectual property infringement can be contacted via our Contact Form.
1296 Beaver Creek Road
Farmington, NY 14425
(585) 398-DOGS (3647)
Order of Preference
This Agreement governs your use and access to the BoomTowne.com Technology. This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with BoomTowne.com. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on the Website or within the BoomTowne.com Technology, conflicts with any provision of your other agreements with BoomTowne.com, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement (unless otherwise expressly provided in such other agreement).
Links to Other Web Sites
Revisions and Consents
BoomTowne.com reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever. BoomTowne.com also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the BoomTowne.com Technology (including, but not limited to, on the Website). Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on the Website. By continuing to enter the Website and/or using the BoomTowne.com Technology, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement.
18 U.S.C. Section 2257 Compliance Notice
All pictures, graphics, videos or other visual media displayed on the Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual media do not consist of depictions of conduct as specifically listed in 18 U.S.C. section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.
The owners and operators of the Website are not the primary producer (as that term is defined in 18 U.S.C. section 2257 or subsequent case law defining such) of any of the visual content contained in the Website.
This Agreement constitutes the entire agreement between you and BoomTowne.com with respect to the subject matter addressed herein, and governs your access to and use of the BoomTowne.com Technology, superseding any prior agreements between you and BoomTowne.com relating to such subject matter, but this Agreement may be supplemented by any other written agreement you enter into with BoomTowne.com pursuant to your enrollment and/or participation in other features of the BoomTowne.com Technology.
Electronic Delivery Policy and Your Consent
By using the BoomTowne.com Technology, you consent to receive from BoomTowne.com all communications including notices, agreements, legally required disclosures or other information in connection with the BoomTowne.com Technology (collectively, "Contract Notices") electronically. BoomTowne.com may provide such electronic Contract Notices by posting them on the Website. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Website and the BoomTowne.com Technology.
Notwithstanding anything in this Agreement to the contrary, if any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.
BoomTowne.com' or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders’ failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. BoomTowne.com and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of BoomTowne.com. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.