- Agreement Between User and Broadway Media Group Inc. (“ShoppingBoss”): The ShoppingBoss web site is comprised of various web pages operated by ShoppingBoss.The ShoppingBoss web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ShoppingBoss web site constitutes your agreement to all such terms, conditions, and notices.
- Links to Third-party Sites. The ShoppingBoss web site may contain content supplied by third parties and links to internet sites maintained by third parties. ShoppingBoss and your organization do not, in any respect, control such content or operate such third-party sites and do not guaranty the availability of any email from or links to third-party sites. Third-party content and links are included solely for the convenience of users, and do not constitute any endorsement by ShoppingBoss or your organization. ShoppingBoss and your organization are not responsible for the accuracy or reliability of third-party information and you assume sole responsibility for the use of third-party information.
- No Unlawful or Prohibited Use. As a condition of your use of the ShoppingBoss web site, you warrant to ShoppingBoss that you will not use the ShoppingBoss web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ShoppingBoss web site in any manner which could damage, disable, overburden, or impair the ShoppingBoss web site or interfere with any other party’s use and enjoyment of the ShoppingBoss web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ShoppingBoss web site.
- Use of Communication Services. The ShoppingBoss web site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
ShoppingBoss has no obligation to monitor the Communication Services. However, ShoppingBoss reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.
ShoppingBoss reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
ShoppingBoss reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ShoppingBoss’ sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ShoppingBoss does not control or endorse the content, messages or information found in any Communication Service and, therefore, ShoppingBoss specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ShoppingBoss spokespersons, and their views do not necessarily reflect those of ShoppingBoss.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
- Materials Provided to or Posted at Any ShoppingBoss Web Site. ShoppingBoss does not claim ownership of the materials you provide to the ShoppingBoss web site (including feedback and suggestions) or post, upload, input or submit to any ShoppingBoss web site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ShoppingBoss, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
- No compensation will be paid with respect to the use of your Submission, as provided herein. ShoppingBoss is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ShoppingBoss’ sole discretion.
- By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
- Ownership and Licenses. All contents of the Service are the property of ShoppingBoss, participating vendors, or advertisers. The Service content may not be copied, distributed, or transmitted in any way without the prior written consent of ShoppingBoss; you may not modify the content in any way, nor delete any copyright or trademark notice.
- THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SHOPPINGBOSS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SHOPPINGBOSS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SHOPPINGBOSS WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE SHOPPINGBOSS WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
- SHOPPINGBOSS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SHOPPINGBOSS WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SHOPPINGBOSS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- Termination/Access Restriction. ShoppingBoss reserves the right, in its sole discretion, to terminate your access to the ShoppingBoss web site and the related services or any portion thereof at any time, without notice.
- General. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Fulton County, Georgia U.S.A. in all disputes arising out of or relating to the use of the ShoppingBoss web site. Use of the ShoppingBoss web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ShoppingBoss as a result of this agreement or use of the ShoppingBoss web site. ShoppingBoss’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ShoppingBoss’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ShoppingBoss web site or information provided to or gathered by ShoppingBoss with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ShoppingBoss with respect to the ShoppingBoss web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ShoppingBoss with respect to the ShoppingBoss web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
- Copyright and Trademark Notices. All contents of the ShoppingBoss web site are: Copyright 2014 by ShoppingBoss and/or its suppliers. All rights reserved.
- Trademarks. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Disclaimer of Warranties
- SHOPPINGBOSS AND YOUR ORGANIZATION PROVIDE THE SERVICE AND ALL RELATED SOFTWARE AND CONTENT TO YOU “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT; ANY WARRANTY THAT THE SERVICE OPERATES ERROR FREE OR WITHOUT INTERRUPTION; ANY WARRANTY THAT INFORMATION OBTAINED THROUGH THE SERVICE IS ACCURATE OR RELIABLE. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICE REMAINS WITH YOU;
- You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
- ShoppingBoss and your organization make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through Service.
- No advice or information, whether oral or written, obtained by you from ShoppingBoss or through the service shall create any warranty not expressly made herein.
Notices and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.