Terms of Service
Welcome to Boogspace.com.
Boogspace.com is dedicated to providing visitors to this
site with a highly interactive and positive experience, while at the same
time protecting our rights and the rights of our users. We have developed
these Terms of Service to govern your use of Boogspace.com, and we, along
with our affiliates, partners and advertisers, provide content and
services to you subject to the following conditions. Your use of our site
tells us you have read and agreed to these Terms of Service. Please read
them carefully. This Terms of Service is a binding contract between you
and Boogspace., regarding your use of Boogspace.com. If you
do not agree with any of these terms, please exit Boogspace.com.
Copyright
All of the information, content, services and software
displayed on, transmitted through, or used in connection with Boogspace.com,
including for example directories, guides, news articles, opinions,
reviews, text, photographs, images, illustrations, audio clips, video,
html, source and object code, software, data, and the like (collectively,
the "Content"), as well as its selection and arrangement, is owned by
Boogspace. ("Boogspace"), and its affiliated companies, licensors
and suppliers. Boogspace actively protects its rights to the Content to the
fullest extent of the law. You may not use such material except as
provided in these Terms of Service.
You may use the Content online and solely for your personal,
non-commercial use, and you may download or print a single copy of
any portion of the Content for your personal, non-commercial use, provided
you do not remove any trademark, copyright or other notice contained
in such Content. No other use is permitted. You may not, for example,
republish the Content on any Internet, Intranet or Extranet site or
incorporate the Content in any database, compilation, archive or cache. You
may not distribute any of the Content to others, whether or not for payment
or other consideration, and you may not modify, copy, frame, reproduce,
sell, publish, transmit, display or otherwise use any portion of
the Content without the written consent of Boogspace.
Requests to use of the Content for any purpose other
than as permitted in this paragraph should be directed to support@boogspace.com.
In certain cases, you may be able to obtain a license to use individual
stories that appear on Boogspace.com through an online vendor we have
specifically designated as authorized to license Content on our behalf. If
we have authorized a third party vendor to grant you a license to any
Content, we will tell you that directly in the portion of the Content you
may license. If you do not see our express authorization, you should
assume no third party has the right to allow you to use the
Content.
Copyright Complaints
Boogspace.com respects the intellectual property
rights of others. If you believe that your work has been copied in a way
that constitutes copyright infringement or are aware of any infringing
material placed by any third party on Boogspace.com, please contact us
at support@boogspace.com.
Trademarks
The Content includes logotypes, trademarks and service marks (collectively
"Marks") owned by Boogspace and its affiliated companies, and Marks owned by
other information providers and third parties. For example, Boogspace.com is a
trademark of Boogspace. No Marks may be used in any manner unless approved
in advance by Boogspace.com.
Links to, and frames of, Boogspace.com
If you operate a Web site and wish to link to Boogspace.com, you may link only
to the home page, www.Boogspace.com, and not to any other page or subdomain of
Boogspace.com. You may not frame or utilize framing techniques that involve any
trademark, logo, copyrighted material or other proprietary information
(including images, text, page layout, or form) of any portion of Boogspace.com
without our express written consent. In addition, you agree not to decompile,
reverse engineer or disassemble any software or other products or processes
accessible through Boogspace.com, not to insert any code or product or
manipulate the content of Boogspace.com in any way that affects the user's
experience, and not to use any data mining, robots, cancelbots, Trojan horse,
or any data gathering or extraction method in connection with your use of
Boogspace.com.
Membership and Registration
Certain areas of Boogspace.com may require registration or may otherwise ask you
to provide information to participate in certain features or access certain
content. The decision to provide this information is purely optional, however
if you elect not to provide such information, you may not be able to access
certain content or features or participate in various areas of Boogspace.com.
You may also provide information to Boogspace.com in other contexts, including
for example in order to enter a sweepstakes or promotion. When you register or
become a Member of Boogspace.com or provide information to Boogspace.com in any
other manner, you agree to provide only true, accurate, current and complete
information on all registration pages. Using a name other than your own legal
name is prohibited (except in those specific areas of Boogspace.com that
specifically ask for unique, fictitious names, e.g., certain message boards and
chat rooms). You agree that Boogspace.com may use the information you provide
to us according to the Privacy Policy on our site.
If you become a Member of Boogspace.com, you agree to accept responsibility for
all activities that occur under your account or password, and agree you will
not sell, transfer or assign your Membership or any Membership rights. You are
responsible for maintaining the confidentiality of your password and for
restricting access to your computer so that others may not access Boogspace.com
using your name in whole or in part. Boogspace.com reserves the right to
terminate Membership and deny access to the site to any person who violates
this Terms of Service.
User-Created Content
By placing material on, or communicating with, Boogspace.com, including for
example communication during registration, communication on any Boogspace.com
bulletin board or message or chat area, posting any resume or photograph,
entering any sweepstakes, etc., you represent and warrant that you own or
otherwise control all of the rights to the content that you provide, that the
content is accurate, that it does not violate these Terms of Service, and that
it will not cause injury to any person or entity. You grant Boogspace, its
affiliates and related entities, including Boogspace.com, a royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, copy, modify,
display, archive, store, distribute, reproduce and create derivative works from
all information you provide to us, in any form, media, software or technology
of any kind now existing or developed in the future. Without limiting the
generality of the previous sentence, you authorize Boogspace to include the
information you provide in a searchable format that may be accessed by users of
Boogspace.com and other Boogspace Web sites. You also grant Boogspace and
its affiliates and related entities the right to use your name and any other
information about you that you provide in connection with its use and with the
reproduction or distribution of such material, and also grant Boogspace the
right to use any material, information, ideas, concepts, know-how or techniques
contained in any communication you send to us for any purpose whatsoever,
including but not limited to developing, manufacturing and marketing products
using such information. All rights in this paragraph are granted without the
need for additional compensation of any sort to you.
Please note that Boogspace.com does not accept unsolicited materials or ideas
for use or publication. Boogspace.com is not responsible for the similarity of
any of its content or programming in any media to materials or ideas
transmitted to Boogspace.com.
Other Specifics About Interactive Areas (Message Boards, Chat Areas, etc.)
Boogspace.com bulletin boards, chat rooms and other such interactive areas are
provided to give users an interesting and stimulating forum to express their
opinions and share their ideas and information. Given the nature of
Boogspace.com and the volume of messages and postings, Boogspace.com cannot and
does not monitor all of the material posted or transmitted by users and third
party information providers. To protect your safety, please use your best
judgment when using these forums. We particularly discourage divulging personal
phone numbers and addresses or other information that can be used to identify
or locate you. Boogspace.com reserves the right to delete, move or edit any
communications at any time, for any reason or in its discretion, but has no
obligation to review or remove any such content.
Posting Rules
Interactive areas, discussion boards, chat rooms, etc., are intended to
encourage public debate. We expect people to differ - judgment and opinion are
subjective things - and we encourage freedom of speech and a marketplace of
ideas. But by using these areas of Boogspace.com, you are participating in a
community that is intended for all our users. Therefore, we reserve the right
to remove any content posted on our site at any time for any reason. Decisions
as to whether content violates any Posting Rule will be made by Boogspace.com
in its discretion after we have actual notice of such posting. Without limiting
our right to remove content, we have attempted to provide guidelines to those
posting content on our site. When using Boogspace.com, please do not post
material that:
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contains vulgar, profane, abusive or hateful language, epithets or slurs, text
or illustrations in poor taste, inflammatory attacks of a personal, racial or
religious nature, or expressions of bigotry, racism, discrimination or hate.
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is defamatory, threatening, disparaging, grossly inflammatory, false,
misleading, deceptive, fraudulent, inaccurate, unfair, contains gross
exaggeration or unsubstantiated claims, violates the privacy rights of any
third party, is unreasonably harmful or offensive to any individual or
community, contains any actionable statement, or tends to mislead or reflect
unfairly on any other person, business or entity.
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violates any right of Boogspace.com or any third party.
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discriminates on the grounds of race, religion, national origin, gender, age,
marital status, sexual orientation or disability, or refers to such matters in
any manner prohibited by law.
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violates any municipal, state or federal law, rule, regulation or ordinance, or
attempts to encourage such an evasion or violation.
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unfairly interferes with any third party's uninterrupted use and enjoyment of
Boogspace.com.
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advertises, promotes or offers to trade any goods or services, except in areas
specifically designated for such purpose.
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uploads copyrighted or other proprietary material of any kind on Boogspace.com
without the express permission of the owner of that material.
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uses or attempt to use another's account, password, service or system except as
expressly permitted by the Terms of Service.
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includes images, photos, articles or other content that constitutes, promotes
or encourages illegal acts, violation of any right of any individual or entity,
violation of any local, state, national or international law, rule, guideline
or regulation, or otherwise creates liability.
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uploads or transmits viruses or other harmful, disruptive or destructive files.
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disrupts, interferes with, or otherwise harms or violates the security of
Boogspace.com, or any services, system resources, accounts, passwords, servers
or networks connected to or accessible through Boogspace.com or affiliated or
linked sites.
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"flames" any individual or entity (e.g., sends repeated messages related to
another user and/or makes derogatory or offensive comments about another
individual), or repeats prior posting of the same message under multiple
threads or subjects.
WARNING: A VIOLATION OF THE FOREGOING GUIDELINES MAY BE REFERRED TO LAW
ENFORCEMENT AUTHORITIES.
Communications With Third Parties Through Boogspace.com
Your dealings or communications through Boogspace.com with any party other than
Boogspace.com are solely between you and that third party. For example, certain
areas of Boogspace.com may allow you to conduct transactions or purchase goods
or services. In most cases, these transactions will be conducted by our
third-party partners and vendors. Under no circumstances will Boogspace.com be
liable for any goods, services, resources or content available through such
third party dealings or communications, or for any harm related thereto. Please
review carefully that third party's policies and practices and make sure you
are comfortable with those policies and practices before you engage in any
transaction. Any complaints, concerns or questions you may have relating to
materials provided by third parties should be forwarded directly to the third
party.
General Disclaimer and Limitation of Liability
While Boogspace.com uses reasonable efforts to include accurate and up-to-date
information, we make no warranties or representations as to the accuracy of the
Content and assume no liability or responsibility for any error or omission in
the Content. Boogspace.com does not represent or warrant that use of any
Content, when authorized, will not infringe rights of third parties. In
addition, in some cases, Content available on Boogspace.com may be provided
and/or hosted by third parties. Boogspace.com has not reviewed all of the sites
linked to Boogspace.com and is not responsible for the content of any off-site
pages or links to or from any other sites. While Boogspace.com encourages such
third parties to abide by these Terms of Service, Boogspace.com has no
responsibility for actions of third parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF Boogspace.com IS AT YOUR OWN
RISK. ALL CONTENT AVAILABLE THROUGH Boogspace.com IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. NEITHER Boogspace, NOR ANY OF ITS AFFILIATED OR
RELATED COMPANIES, OR ANY OF ITS OR THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS
OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING
Boogspace.com, THE CONTENT, ANY ADVERTISING MATERIAL, OR THE RESULTS THAT MAY
BE OBTAINED FROM USE OF SUCH SERVICES OR SITES. Boogspace.com MAKES NO WARRANTY
THAT Boogspace.com WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR FREE, OR THAT Boogspace.com OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.
Boogspace.com CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS
OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. Boogspace.com DOES NOT REPRESENT
OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION,
STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE
Boogspace.com. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE,
STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
Boogspace.com AND Boogspace SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR
IMPLIED WARRANTIES REGARDING Boogspace.com OR ANY CONTENT, SERVICES OR PRODUCTS
PROVIDED THROUGH OR IN CONNECTION WITH Boogspace.com, INCLUDING
WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE
AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION, PRODUCTS OR
SERVICES AVAILABLE ON OR THROUGH Boogspace.com. Boogspace.com ASSUMES NO
RESPONSIBILITY, AND IS NOT LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY
INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO,
USE OF, OR BROWSING IN, Boogspace.com OR YOUR DOWNLOADING OF ANY MATERIALS,
DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM Boogspace.com.
IN NO EVENT SHALL Boogspace.com, OR EITHER OF THEIR AFFILIATES,
EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT
LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
Boogspace.com, OR EITHER OF THEIR AFFILIATES, EMPLOYEES,
AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT
DAMAGES IN EXCESS OF $100.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN
WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO
SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Indemnity
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, Boogspace.com AND Boogspace, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR
RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS
(INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT,
PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING
ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION
REGARDING: (A) YOUR USE OF Boogspace.com; (B) Boogspace.com'S USE OF ANY
CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH
THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR
MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THIS
AGREEMENT BY YOU.
International Users
Boogspace.com is controlled, operated and administered by Boogspace from its
offices within the United States. Boogspace.com makes no representation that
materials or Content available through Boogspace.com are appropriate or
available for use outside the United States and access to them from territories
where their contents are illegal is prohibited. You may not use Boogspace.com
or export the Content in violation of U.S. export laws and regulations. If you
access Boogspace.com from a location outside the United States, you are
responsible for compliance with all local laws.
Miscellaneous:
Boogspace reserves the right to change these Terms of Service at any time in
its discretion and to notify users of any such changes solely by changing this
Terms of Service. Your continued use of Boogspace.com after the posting of any
amended Terms of Service shall constitute your agreement to be bound by any
such changes. Please note that your use of this site prior to the time this
Terms of Service was posted will be governed according to the Terms of Service
that applied at the time of your use.
Boogspace may modify, suspend, discontinue or restrict the use of any portion
of Boogspace.com, including the availability of any portion of the Content at
any time, without notice or liability. Boogspace may deny access to any
person or user at any time for any reason. In addition, Boogspace (or
Boogspace.com) may at any time transfer its rights and obligations under this
Agreement to any Tribune Company affiliate, subsidiary or business unit, or any
of their affiliated companies or divisions, or any entity that acquires
Boogspace, Boogspace.com or any of their assets.
These Terms of Service will be governed by and construed in accordance with the
laws of the State of Illinois, without regard to its conflicts of law
provisions. You hereby agree that any cause of action you may have with respect
to Boogspace.com must be filed in a federal or state court located in Chicago,
Illinois, within two months of the time in which the events giving rise to such
claim began, or you agree to waive such claim. If for any reason any provision
of this Agreement is found unenforceable, that provision shall be enforced to
the maximum extent permissible so as to effect the intent of the parties as
reflected in that provision, and the remainder of the Agreement shall continue
in full force and effect. Any failure of Boogspace.com to enforce or exercise
any provision of this Agreement or related right shall not constitute a waiver
of that right or provision. The section titles used in this Agreement are
purely for convenience and carry with them no legal or contractual effect. In
the event of termination of this Agreement for any reason, you agree that the
following provisions will survive: the provisions regarding the limitations on
your use of Content, the license(s) you have granted to Boogspace.com, and all
other provisions for which survival is equitable or appropriate.
Contact Us
To contact Boogspace.com, please email us at
support@boogspace.com.
Last updated: August 30, 2012