TERMS AND CONDITIONS
Effective May 3, 2013
Access to the Site
Subject to these Terms and Conditions, BoothDay may offer certain Services. In its sole discretion, BoothDay may change, suspend or discontinue access to or use of the Site and Services for any reason, at any time, including the availability of any feature, database, functionality or service. BoothDay will assume no responsibility or liability due to the unavailability of any such service. BoothDay may also impose limits on certain features and content available through the Site or restrict your access to parts or all of the Site and/or Services without notice or liability. Both you and BoothDay agree to arbitrate all disputes and claims and agree that each may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
Use of the Site
Use At Your Own Risk
Your access to and use of the Site and Services is at your own risk. BoothDay will have no responsibility for any damages of any kind resulting from such use and will have no responsibility for any harm to your computer system, loss of data or any other harm or damage that results from your access to or use of the Site and Services, or the unavailability of the Site or Services. You agree that you will not engage in any activity that interferes with or disrupts the Site, Content or Services (or the servers and networks which are connected to the Site or Services). You also agree not to access (or attempt to access) the Site, Content or any of the Services by any means other than through the interface that is provided by BoothDay. You specifically agree not to access (or attempt to access) the Site, Content or any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
Your Account and Passwords
You are responsible for safeguarding the username and password that you use to access any secure or password-protected areas of the Site or Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your username and password, whether or not you have authorized such activities or actions. You will immediately notify BoothDay of any unauthorized use of your username or password. You are responsible for keeping your account information current and accurate; BoothDay will have no liability for failure to deliver notices that result from inaccurate account information.
The Site may contain links to third party websites or resources, which may provide access to products, content and services from third parties, including users, advertisers, affiliates and sponsors of the Site. BoothDay does not control these links and links to such websites or resources do not imply any endorsement by BoothDay of such websites or resources or the content, products or services available from such websites or resources. You agree that BoothDay is not responsible or liable for any such third party content.
The Site, Content & Services are Available "AS-IS"
THE SITE, CONTENT AND SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. BoothDay EXPLICITLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; AND (III) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SITE, CONTENT OR SERVICE ARE ACCURATE, RELIABLE, COMPLETE, UP-TO-DATE, OR PRODUCE SPECIFIC OUTCOMES. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING BUSINESS LOSSES, DAMAGE TO YOUR COMPUTER SYSTEM, DAMAGES RESULTING FROM COMPUTER VIRUSES AND LOSS OF DATA, WHICH RESULT FROM YOUR USE OF OR ACCESS TO THE SITE OR SERVICES. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK.
BoothDay reserves the right to make changes or updates to the Site, Content or Services, including but not limited to adding to, deleting, changing or improving any of the information, services, programs, interfaces and technology, at any time without notice.
Permission to Use
By uploading, emailing, posting, publishing or otherwise transmitting content to BoothDay, you automatically grant (or warrant that the owner of such rights has expressly granted) BoothDay a worldwide, royalty-free, non-exclusive, sub-licensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish and transmit such content in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.
BoothDay respects the intellectual property rights of others and expects users of the Services to do the same. To that end, BoothDay has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. At our discretion and in appropriate circumstances, we may terminate the accounts of users or prevent access to the Site by users who are infringing the intellectual property rights of others. Pursuant to 17 USC 512(c)(2) (the Digital Millennium Copyright Act of 1998), BoothDay's designated agent for notice for alleged copyright infringement is:
Filing a notice of infringement requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office website.
You may from time to time provide feedback to BoothDay related to the Site, Content or Services. Such feedback may include, without limitation, modifications, additions, fixes, improvements, enhancements, applications, test results, procedures, information, materials, suggestions, ideas, concepts, know-how, techniques, data, translations, developments, discoveries and suggestions (collectively "Feedback"). You hereby grant BoothDay a worldwide, royalty-free, non-exclusive, sub-licensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish, transmit and otherwise use and dispose of such Feedback.
Termination of Use
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
Controlling Law and Jurisdiction
Modification of Terms
These Terms are the entire and exclusive agreement between BoothDay and you regarding the Services, and these Terms supersede and replace any prior agreements regarding the foregoing.
The Services are operated and provided by BoothDay.org. If you have any questions about these Terms, please contact us.