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ACCEPTANCE OF TERMS. The services that Boozt provides to you are
subject to the following Terms of Use ("TOU"). Boozt reserves the
right to update the TOU at any time without notice to you. The most
current version of the TOU can be reviewed by clicking on the "Terms
of Use" hypertext link located at the bottom of our Web pages.
DESCRIPTION OF SERVICES. Through its network of Web properties,
Boozt provides you with access to a variety of resources, including
marketing tools, download areas, communication forums and product
information (collectively "Services"). The Services, including any
updates, enhancements, new features, and/or the addition of any new
Web properties, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION. Unless otherwise
specified, the Services are for your personal and non-commercial
use. You may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products or services
obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION. See the Privacy
Statement disclosures relating to the collection and use of your
information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE. Any
software that is made available to download from the Services
("Software") is the copyrighted work of Boozt and/or its suppliers.
Use of the Software is governed by the terms of the end user license
agreement, if any, which accompanies or is included with the
Software ("License Agreement"). An end user will be unable to
install any Software that is accompanied by or includes a License
Agreement, unless he or she first agrees to the License Agreement
terms.
The Software is made available for download solely for use by end
users according to the License Agreement. Any reproduction or
redistribution of the Software not in accordance with the License
Agreement is expressly prohibited by law, and may result in severe
civil and criminal penalties. Violators will be prosecuted to the
maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS
OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE
AGREEMENT, BOOZT CORPORATION HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR
STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, BOOZT MAY MAKE AVAILABLE AS PART OF THE
SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE
AND/OR DOWNLOAD. BOOZT DOES NOT MAKE ANY ASSURANCES WITH REGARD TO
THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF
ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL
PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE
AVAILABLE ON THE SERVICES OR IN BOOZT SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND. Any Software which is downloaded from
the Services for or on behalf of the United States of America, its
agencies and/or instrumentalities ("U.S. Government"), is provided
with Restricted Rights. Use, duplication, or disclosure by the U.S.
Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the
Commercial Computer Software - Restricted Rights at 48 CFR
52.227-19, as applicable. Manufacturer is Boozt Software, 12 Tuborg
Blvd. Hellerup, Denmark 2900.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents (such as white papers, press releases,
datasheets and FAQs) from the Services is granted, provided that (1)
the below copyright notice appears in all copies and that both the
copyright notice and this permission notice appear, (2) use of such
Documents from the Services is for informational and non-commercial
or personal use only and will not be copied or posted on any network
computer or broadcast in any media, and (3) no modifications of any
Documents are made. Accredited educational institutions, such as
K-12, universities, private/public colleges, and state community
colleges, may download and reproduce the Documents for distribution
in the classroom. Distribution outside the classroom requires
express written permission. Use for any other purpose is expressly
prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent
possible.
Documents specified above do not include the design or layout of
the Boozt.com Web site or any other Boozt owned, operated,
licensed or controlled site. Elements of Boozt Web sites are
protected by trade dress, trademark, unfair competition, and other
laws and may not be copied or imitated in whole or in part. No logo,
graphic, sound or image from any Boozt Web site may be copied or
retransmitted unless expressly permitted by Boozt.
BOOZT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS
AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY
PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND. BOOZT AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL
BOOZT AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN
CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM
THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES
COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BOOZT
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY
TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON
THIS WEB SITE.
IN NO EVENT SHALL BOOZT AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE
OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY. If any of the Services
requires you to open an account, you must complete the registration
process by providing us with current, complete and accurate
information as prompted by the applicable registration form. You
also will choose a password and a user name. You are entirely
responsible for maintaining the confidentiality of your password and
account. Furthermore, you are entirely responsible for any and all
activities that occur under your account. You agree to notify Boozt
immediately of any unauthorized use of your account or any other
breach of security. Boozt will not be liable for any loss that you
may incur as a result of someone else using your password or
account, either with or without your knowledge. However, you could
be held liable for losses incurred by Boozt or another party due to
someone else using your account or password. You may not use anyone
else's account at any time, without the permission of the account
holder.
NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the
Services, you will not use the Services for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You
may not use the Services in any manner that could damage, disable,
overburden, or impair any Boozt server, or the network(s) connected
to any Boozt server, or interfere with any other party's use and
enjoyment of any Services. You may not attempt to gain unauthorized
access to any Services, other accounts, computer systems or networks
connected to any Boozt server or to any of the Services, through
hacking, password mining or any other means. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available through the Services.
USE OF SERVICES The Services may contain e-mail services,
bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, photo albums, file
cabinets and/or other message or communication facilities designed
to enable you to communicate with others (each a "Communication
Service" and collectively "Communication Services"). You agree to
use the Communication Services only to post, send and receive
messages and material that are proper and, when applicable, related
to the particular Communication Service. By way of example, and not
as a limitation, you agree that when using the Communication
Services, you will not:
• Use the Communication Services in connection with surveys,
contests, pyramid schemes, chain letters, junk email, spamming or
any duplicative or unsolicited messages (commercial or otherwise).
• 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, obscene, indecent or unlawful
topic, name, material or information.
• Upload, or otherwise make available, files that contain images,
photographs, software or other material protected by intellectual
property laws, including, by way of example, and not as limitation,
copyright or trademark laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received all
necessary consent to do the same.
• Use any material or information, including images or
photographs, which are made available through the Services in any
manner that infringes any copyright, trademark, patent, trade
secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time
bombs, cancelbots, corrupted files, or any other similar software or
programs that may damage the operation of another's computer or
property of another.
• Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Services specifically
allows such messages.
• Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally
reproduced, displayed, performed, and/or distributed in such manner.
• Falsify or delete any copyright management information, such as
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.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for
a fee) to a person or entity any directory of users of the Services
or other user or usage information or any portion thereof.
Boozt has no obligation to monitor the Communication Services.
However, Boozt reserves the right to review materials posted to the
Communication Services and to remove any materials in its sole
discretion. Boozt reserves the right to terminate your access to
any or all of the Communication Services at any time, without
notice, for any reason whatsoever.
Boozt reserves the right at all times to disclose any
information as Boozt deems 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 Boozt's sole discretion.
Always use caution when giving out any personally identifiable
information about yourself or your children in any Communication
Services. Boozt does not control or endorse the content, messages
or information found in any Communication Services and, therefore,
Boozt specifically disclaims any liability with regard to the
Communication Services and any actions resulting from your
participation in any Communication Services. Managers and hosts are
not authorized Boozt spokespersons, and their views do not
necessarily reflect those of Boozt.
Materials uploaded to the Communication Services 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 BOOZT OR POSTED AT ANY BOOZT WEB SITE.
Boozt does not claim ownership of the materials you provide to
Boozt (including feedback and suggestions) or post, upload, input
or submit to any Services or its associated services for review by
the general public, or by the members of any public or private
community, (each a "Submission" and collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting
("Posting") your Submission you are granting Boozt, its affiliated
companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet
businesses (including, without limitation, all Boozt Services),
including, without limitation, the license rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; to publish your name
in connection with your Submission; and the right to sublicense such
rights to any supplier of the Services.
No compensation will be paid with respect to the use of your
Submission, as provided herein. Boozt is under no obligation to
post or use any Submission you may provide and Boozt may remove any
Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or
otherwise control all of the rights to your Submission as described
in these Terms of Use including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the
Submissions.
In addition to the warranty and representation set forth above,
by Posting a Submission that contain images, photographs, pictures
or that are otherwise graphical in whole or in part ("Images"), you
warrant and represent that (a) you are the copyright owner of such
Images, or that the copyright owner of such Images has granted you
permission to use such Images or any content and/or images contained
in such Images consistent with the manner and purpose of your use
and as otherwise permitted by these Terms of Use and the Services,
(b) you have the rights necessary to grant the licenses and
sublicenses described in these Terms of Use, and (c) that each
person depicted in such Images, if any, has provided consent to the
use of the Images as set forth in these Terms of Use, including, by
way of example, and not as a limitation, the distribution, public
display and reproduction of such Images. By Posting Images, you are
granting (a) to all members of your private community (for each such
Images available to members of such private community), and/or (b)
to the general public (for each such Images available anywhere on
the Services, other than a private community), permission to use
your Images in connection with the use, as permitted by these Terms
of Use, of any of the Services, (including, by way of example, and
not as a limitation, making prints and gift items which include such
Images), and including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and
reformat your Images without having your name attached to such
Images, and the right to sublicense such rights to any supplier of
the Services. The licenses granted in the preceding sentences for a
Images will terminate at the time you completely remove such Images
from the Services, provided that, such termination shall not affect
any licenses granted in connection with such Images prior to the
time you completely remove such Images. No compensation will be paid
with respect to the use of your Images.
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 should be
sent to Service Provider's Designated Agent. ALL INQUIRIES NOT
RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. See
Notice and Procedure for Making Claims of Copyright Infringement.
LINKS TO THIRD PARTY SITES. THE LINKS IN THIS AREA WILL LET YOU
LEAVE BOOZT'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF
BOOZT AND BOOZT 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. BOOZT IS NOT RESPONSIBLE FOR WEBCASTING OR
ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. BOOZT
IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE
INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY BOOZT OF THE
SITE.
UNSOLICITED IDEA SUBMISSION POLICY. BOOZT OR ANY OF ITS
EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING
IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR
TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT
NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES,
DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID
POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN BOOZT'S PRODUCTS OR
MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO
BOOZT. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO BOOZT OR
ANYONE AT BOOZT. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR
IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT
BOOZT MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE
TREATED AS CONFIDENTIAL OR PROPRIETARY.
COPYRIGHT NOTICE. Copyright © 2008 Boozt AB. All rights reserved.
Any rights not expressly granted herein are reserved.
Send your questions to the appropriate contact as listed below:
• Boozt Web properties, contact
gda@boozt.com
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