Terms Of Use
USE OF OUR WEB SITE CONSTITUES ACCEPTANCE OF THESE TERMS
Boonty, Inc. (”Boonty”) maintains this web site as a convenience to
our customers. By accessing, browsing and/or using this web site, you
acknowledge that you have read, understood, and agree to be bound by
the following terms of use (“TOU”) and to comply with all applicable
laws and regulations. If you do not agree to these TOU, you should not
review information or obtain products or services from this site.
1.Introduction
The content, information, graphics, design, compilation, products,
software, services, including but not limited to videogame buying
services, and all other matters related to this web site (”Materials”)
are protected by law, including, but not limited to, U.S. Copyright law
and international treaties. Access to the Materials from territories
where their contents are illegal is prohibited. Those who choose to
access this web site from other locations do so on their own initiative
and are responsible for compliance with all local rules including,
without limitation, rules about the Internet, data, e-mail, or privacy.
You agree that Boonty, in its sole discretion, may terminate your
access to and use of the web site and Materials, for any reason,
including, without limitation, if Boonty believes that you have
violated or acted inconsistently with the letter or spirit of these
TOU. Upon termination, you must destroy all Materials and any copies
obtained from this web site. Your right to use the web site is not
transferable and any password or right given to you to obtain Materials
is not transferable. Except as set forth in the “Use of Software and
Data” Section below, these TOU contain our entire understanding
relating to the use of this web site and supersede any prior written or
oral agreement or understandings between us with respect to this web
site, and cannot be changed or terminated except in writing by an
authorized representative of Boonty.
2.Company Privacy Policy
Registration Data and certain other information about you that we
request in order to perform a better service are subject to our Privacy
Policy. For more information, please see our full privacy policy at
www.boonty.com/privacy.php
3.Use of Software and Data
Any software or code downloaded by you from this web site,
including, without limitation, any files, images incorporated in or
generated by the software, code and data accompanying the software
(collectively, the “Software”) are licensed to you under terms of
Boonty’s standard software license agreement or the Product Trial
Agreement (each, the “License Agreement”) or the specific terms of use
(whether supplied by Boonty or a third party) applicable to any of the
Materials. Your right to use the Software is expressly limited to the
terms set forth in the License Agreement or specific terms of use.
Access to or downloading of the Software does not in any way transfer
title to the Software, or any intellectual property rights contained
therein, to you.
4.Terms of Sale
Unless otherwise agreed to by Boonty, you acknowledge and agree that
Boonty does not and shall not support any videogame downloads.
5.Notice
Notices to you, including but not limited to changes to these TOU or
other policies, may be made via email, regular mail or by displaying
such notices or links to notices generally on the web site. Please note
that these TOU may be updated by Boonty from time to time without
notice to you. You can review the most current version of the TOU at
any time at the following site: www.boonty.com/terms.php You are
responsible for regularly reviewing these terms and conditions to
ensure that you are in compliance. In addition, when using particular
Boonty materials and services, you shall be subject to any guidelines
or rules applicable to such materials and services that may be posted
from time to time. All such guidelines or rules are hereby incorporated
by reference into this TOU.
6.Modification
Boonty reserves the right in its sole discretion to modify or delete
any Material appearing on the web site or to terminate this web site
without notice to you.
7.Termination
You agree that your access to and use of this web site and the
Materials, including but not limited to the videogame buying service
provided hereunder, may be terminated by Boonty for any or no reason
without prior notice. In the event of such termination, you acknowledge
and agree that Boonty may immediately deactivate or delete your account
and all related information and files in your account and/or bar any
further access to and use of such files, this web site or the
Materials. Any suspected fraudulent, abusive or illegal activity that
may be grounds for termination of your use of this web site or the
Materials, may be referred to appropriate law enforcement authorities.
Further, you agree that Boonty shall not be liable to you or any
third-party for any termination of your access to the web site or the
Materials.
8.Copy and Use Restrictions
This web site is owned and operated by Boonty, which owns or
licenses, or has the right to display, all the Material provided on
this web site. Except as stated herein, none of the Material may be
copied, duplicated, reproduced, distributed, republished, downloaded,
displayed, posted, modified, enhanced, sold, resold, transferred or
transmitted in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, without
the prior express written permission of Boonty or the copyright,
trademark and/or servicemark owner. Unless specified otherwise in the
Conditions of Sale or License Agreement (as defined herein), permission
is granted to display, copy, distribute and download the Materials for
personal, non-commercial use only, provided you do not modify the
Materials and that you retain all copyright and other proprietary
notices contained in the Materials. To clarify, permission is also
granted to display, copy, distribute and download the free trial
version(s) for personal, non-commercial use and to share such free
trial version(s) with others for free. These permissions terminate
automatically if you breach any of these terms or conditions. Upon
termination, you will immediately destroy any downloaded and printed
Materials (except any videogames you have already purchased). Any
unauthorized use of any Material contained on this web site may violate
copyright laws, trademark laws, the laws of privacy and publicity, and
communications regulations and statutes. You may not use the Materials
for conducting unwanted solicitations or communications via email,
electronic link, or otherwise, or for disseminating any information
that is unlawful, pornographic, libelous or otherwise objectionable as
determined in Boonty’s sole discretion.
9.Feedback
Comments, suggestions, ideas or materials (including without
limitation original or creative materials) sent or transmitted to
Boonty (collectively “Feedback”) shall be deemed to be non-confidential
and shall become the sole property of Boonty. Subject to the conditions
described on the privacy page of this web site, Boonty shall have no
obligation of any kind with respect to such Feedback and shall be free
to use, copy, modify and/or distribute the Feedback to others without
limitation for any purpose, commercial or otherwise, without
compensation or acknowledgement to you, including, but not limited to
developing and marketing products incorporating such Feedback.
10.Disclaimers
UNLESS OTHERWISE EXPLICITLY STATED, THIS WEB SITE AND THE MATERIALS
ARE FURNISHED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS AND BOONTY
ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR
FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
BOONTY MAKES, AND YOU RECEIVE, NO WARRANTIES, EXPRESS, IMPLIED,
STATUTORY, OR IN ANY COMMUNICATION WITH YOU REGARDING THE WEB SITE OR
MATERIALS. BOONTY SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. BOONTY DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY,
ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE
RESPECTING, THE MATERIALS ON THIS WEB SITE OR ANY WEB SITES LINKED TO
THIS WEB SITE. IN NO EVENT WILL BOONTY BE LIABLE FOR ANY INDIRECT
DAMAGES, WHETHER ARISING FROM TORT (INCLUDING NEGLIGENCE) OR CONTRACT,
INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOST PROFITS, COST OF
COVER, OR OTHER SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, OR
INDIRECT DAMAGES ARISING OUT OF THE MATERIALS PROVIDED, OR THE USE OR
INABILITY TO USE THE WEB SITE OR ANY OF THE MATERIALS, HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF
BOONTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF
ANY WARRANTY OR REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE TOTAL
LIABILITY OF BOONTY WILL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY,
FOR ACCESSING OR USING THIS WEB SITE OR ONE HUNDRED DOLLARS, WHICHEVER
IS LESS. ANY CLAIMS RELATING TO MATERIALS DOWNLOADED PURSUANT TO A
SEPARATE LICENSE ARE GOVERNED SOLELY BY THAT LICENSE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU.
11.Indemnification
You hereby agree to indemnify and hold Boonty harmless for any and
all costs, damages, expenses, liabilities or obligations (including
defense costs and attorneys fees) that it may incur as a result of
claims asserted against it by any third party that directly or
indirectly arise or otherwise relate to your access to and use of the
Materials, including without limitation the downloadable videogames,
and this web site, including without limitation your failure to comply
with the terms of this TOU or any License Agreement.
12.Export Controls
The Materials may be subject to United States government export
restrictions. You understand that none of the Materials or any
underlying technology or direct product thereof may be downloaded or
otherwise exported or re-exported (i) into (or to a national or
resident of) Cuba, Iran, Iraq, Libya, North Korea, Serbia, or Sudan,
(ii) to anyone on the U.S. Commerce Department’s Table of Denial
Orders, U.S. Treasury Department’s list of Specially Designated
Nationals or any other U.S. government denied or embargoed party list
or (iii) otherwise in violation of any restrictions, laws or
regulations of any United States or foreign agency or authority.
13.Links to Third Party Sites
Boonty may provide links to third-party sites. Boonty does not
control the linked sites and Boonty is not responsible for the contents
of any linked site or any link contained in a linked site, or any
changes or updates to such sites. Boonty is providing these links to
you only as a convenience, and the inclusion of any link does not imply
endorsement by Boonty of the site. If you decide to leave our web site
and access these third-party sites, you do so at your own risk and you
acknowledge and agree that Boonty shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any information,
materials, goods or services available on or through any such
hyperlinked site or resource
14.Copyright and Trademark Information
Materials and web site Copyright © 2004 Boonty. All rights reserved.
Boonty and other Boonty logos and names are trademarks or registered
trademarks of Boonty (the “Boonty Marks”). Without Boonty’s prior
permission, you agree not to display or use in any manner the Boonty
Marks. Other trademarks belong to their respective owners.
15.General Information
These TOU and the relationship between you and Boonty shall be
governed by the laws of the State of California without regard to its
conflict of law provisions. You and Boonty agree to submit to the
personal and exclusive jurisdiction of the courts located within Santa
Clara County, California. The failure of Boonty to exercise or enforce
any right or provision of the TOU shall not constitute a waiver of such
right or provision. If any provision of the TOU is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties’
intentions as reflected in the provision, and the other provisions of
the TOU shall remain in full force and effect. A printed version of
this TOU and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to
this TOU to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in
printed form. The section titles in the TOU are for convenience only
and have no legal or contractual effect. If any term or other provision
of this Agreement is invalid, illegal or incapable of being enforced by
any rule of law or public policy, all other conditions and provisions
of this Agreement will nevertheless remain in full force and effect.
Boonty is not responsible for delay or failure to perform due to causes
beyond its reasonable control. Sections 7-12, 15 and 16 shall survive
termination of this Agreement.
16.Contact Information
Please direct any inquiries and/or comments to Boonty Inc:
Boonty Inc.
TOU inquiries
440 9th avenue
New York, NY 10001
USA
Please report any violations of the TOU to Boonty Inc. by regular mail :
Boonty Inc.
TOU violations
440 9th avenue
New York, NY 10001
USA
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.