Bozuko

Terms of Use

Effective June 28, 2011
Last Revised June 28, 2011

Welcome to www.Bozuko.com (the “Site”). The Site is owned and operated by Bozuko, Inc. (“Bozuko”, “we” or “us”) and is made available to you under the following terms and conditions (these “Terms of Use”). You affirm that you are fully able and competent to enter into, abide by and comply with these Terms of Use. If you are an individual acting as a representative of a corporation or other legal entity which wishes to use the Site, then you represent and agree that you have the authority to accept these Terms of Use and our on behalf of such corporation or other legal entity and that all provisions of these Terms of Use and our will bind that corporation or other legal entity as if it were named in these Terms of Use and our in place of you.

1. Use of Site

   Subject to these Terms of Use, Bozuko hereby grants you a non-exclusive, non-transferable right to (i) access the Site, (ii) access the products, services, software and other materials, including without limitation, any new feature added from time to time and made available through the Site (collectively, the “Services”) and (iii) download, print and use one copy of the information, materials and content to which you may have access as part of or through your use of the Services (collectively, “Content”) for your personal noncommercial use only; provided, however, that any copy of the Content that you make shall retain all copyright and other proprietary notices contained therein and any other reproduction of the Content in any form or by any means without Bozuko’s written permission is forbidden. Unauthorized access to the Site or to the telecommunications or computer facilities used to deliver the Site is a breach of these Terms of Use and a violation of law.

   Your use of the Services may be subject to additional terms, conditions, policies and/or agreements applicable to that particular Services. In the event of any conflict between these Terms of Use and such additional terms, conditions, policies and/or agreements, the additional terms, conditions, policies and/or agreements will control. For the avoidance of doubt, if terms and conditions in these Terms of Use regarding subjects on which the additional terms, conditions, policies and/or agreements are silent, such silence will not constitute a conflict and the terms and conditions in these Terms of Use will control.

   You understand and acknowledge that anything you submit to the Site is routed through the Site’s servers and the Internet and that you are solely responsible for information or communications that you submit via the Site, the consequences of posting the information or communications and your reliance on Bozuko’s or other users’ information or communications available via the Site. You make those disclosures via the Site at your own risk.

   Except as specifically permitted in this Agreement, you shall not, directly or indirectly, (i) transfer, sell, sublicense, distribute, rent or lease the Services, (ii) circumvent any encrypted data or gain access to more materials or data than was licensed for use the Site in any manner which violates these Terms of Use or any applicable law, (iii) reverse engineer, decompile, disassemble, translate or convert any computer programs used to access the Site (except as local law may permit without violation of local copyright law) or (iv) copy (except as provided herein), reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate or otherwise modify the Site or Services or permit any third party to engage in any of the acts proscribed in clauses (i) through (iv). Upon request, you must provide Bozuko with evidence of compliance with this Section 1.

   The Services of the Site are protected by copyright, patent and other United States and foreign intellectual property and related laws. Title to all Services remains with Bozuko or, if applicable, the third party owners of such Services. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, patent and other laws. All rights not expressly granted herein are reserved by Bozuko.

2. Registration

   Certain of the Services are intended only for our customers who register for the Services and Site (“Registered Users”) and Bozuko reserves the right to limit certain Services to Registered Users (collectively, “Registered User Services”). Your use of the Registered User Services is subject to additional terms and conditions and your continued use of the Registered User Services constitutes acceptance of these additional terms and conditions.

   As part of the registration process or as part of your continued use of any Registered User Services, you may be required to provide information about yourself, including information contained in your Facebook account (such as your name, e-mail address and telephone number). You agree that the registration information you provide is complete, correct and accurate.

   You acknowledge and agree that Bozuko may block your use of any Services or the Site if your registration information is not complete and/or terminate your right to use any Services if any of the registration information that you provide is incomplete, incorrect or inaccurate or if Bozuko has reasonable grounds to believe that any of your registration information is incomplete, incorrect or inaccurate. You also must maintain and update your registration information to keep it complete, correct and accurate.

   You are responsible for maintaining the confidentiality of your registration information including your Bozuko username and password and Facebook username and password. You are entirely responsible for any and all activities that occur under your username(s) and password(s), whether or not authorized by you. You agree to immediately notify Bozuko at questions@bozuko.com of any unauthorized use of your Bozuko username or password.

3. Privacy Policy

   Any personally identifiable information that you submit through the Site will be treated in accordance with our . Unless you have provided consent, we will not disclose any personally identifiable information about you except as described in our Privacy Policy or unless we are required to do so by law or in the good faith belief that such disclosure is (i) necessary to conform with applicable laws or comply with legal process, enforce these Terms of Use or protect and defend Bozuko’s rights or property or (ii) made in connection with the sale of all or substantially all of the equity and/or assets of Bozuko or the Site in order to facilitate the continued operation of the Site.

4. Trademarks

   Bozuko and Bozuko’s logo and other product and service names of Bozuko are trademarks of Bozuko, Inc.

5. Submissions

   We welcome your comments regarding the Site but ask that you not submit your creative ideas, suggestions or materials through the Site. If you send creative ideas, suggestions or materials to us that we have not specifically requested (collectively, “Submissions”), you grant to Bozuko and its designees a worldwide, non-exclusive, transferable, sub-licensable (through multiple tiers), assignable, fully paid-up, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. All Submissions are deemed non-confidential and Bozuko is not liable for any use or disclosure of Submissions.

6. Third-Party Links

   These Terms of Use apply only to the Site. The Site may contain links to other web sites and resources on the Internet (including social media sites) that are owned and operated by third parties. Bozuko has no control over these linked third-party sites, each of which has privacy and data collection practices independent of Bozuko.

   Bozuko makes no claim or representation regarding and accepts no responsibility for the quality, content, nature or reliability of web sites accessible by hyperlink from the Site. Bozuko is not responsible for the content of any linked web site or any link contained in a linked web site or any review, change or update to such web sites.

   Bozuko is providing these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by Bozuko of the web site or any information contained therein. These linked web sites are only for your convenience.

   YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCT OR OTHER MATERIAL ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS APPLICABLE TO SUCH WEB SITES AND RESOURCES.

   It is possible that other web sites and resources provide links to the Site (whether with or without our authorization). We have no control over web sites and resources that provide links to the Site and you acknowledge and agree that we do not endorse such web sites and are not responsible for any link from those web sites or resources to the Site or for any content, advertising, products or other materials available on such other web sites. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) web sites or resources to which we provide links or that provide links to the Site or (ii) any content, goods or services available on or through any such web sites or resources.

   We reserve the right, at any time and in our sole discretion, to block links to the Site through technological or other means, without prior notice.

7. Disclaimer of Warranties and Limitation of Liability

   Your use of the Site is at your sole risk. The Site is provided “AS IS”. BOZUKO DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, COMPLETENESS OR TIMELINESS, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. BOZUKO MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. BOZUKO DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

   ANY SERVICES OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH SERVICES OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

   IN NO EVENT SHALL BOZUKO BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, THE USE OF THE SITE OR THE SERVICES CONTAINED ON, RECEIVED OR ACCESSED THROUGH THE SITE.

   Some jurisdictions do not allow the exclusion of certain warranties and, accordingly, some of the above exclusions may not apply to you.

8. Indemnification

   You agree to indemnify, defend and hold harmless Bozuko and its subsidiaries, affiliates, shareholders, directors, officers, employees and agents, from any claim, demand, liability, expense or loss, including reasonable attorneys’ fees, due to or arising out of, or in any way connected with your use of or access to the Site or your violation of these Terms of Use.

9. Modifications

   Bozuko may modify these Terms of Use from time to time. When Bozuko posts modifications to these Terms, Bozuko will revise the “Last Revised” date at the top of this web page. Upon any material modification to these Terms, we will notify you by prominently posting notice of the changes on the Site. The modified Terms of Use will be effective immediately upon posting on the Site. Your continued use of the Site after the posting of the modified Terms of Use on the Site constitutes your agreement to abide and be bound by the modified Terms of Use. If you object to any modification, your sole recourse is to stop using the Site.

   Bozuko reserves the right to modify or discontinue the Site (or any portion of the Site), temporarily or permanently, with or without notice to you and is not obligated to support or update the Site. Bozuko shall not be liable to you or any third party in the event that Bozuko exercises its right to modify or discontinue the Site (or any portion of the Site).

10. Termination

    If Bozuko determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Site, Bozuko reserves the right to: (a) delete any or all content provided by you or your agent(s) to the Site or through the Services; (b) discontinue your registration with the Site or Services; (c) discontinue your subscription to any product, service or software used through the Site or its Services; (d) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (e) any other action which Bozuko deems appropriate.

    If your ability to access any of the Services is discontinued by Bozuko due to your violation of any portion of these Terms of Use or for conduct otherwise inappropriate for the Site, then you agree that you shall not attempt to re- register with or access the Site and/or Services by using a different username or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees (if any) related to the Services to which your access has been terminated. If you violate the immediately preceding sentence, Bozuko reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in clauses (a) – (e) of this Section 10 without any notice or warning to you.

    A Registered User may delete his/her registration information at any time by sending an email (including username and password) to questions@bozuko.com. Bozuko may, in its sole discretion, terminate a Registered User if he/ she has been inactive for a period of twelve (12) months. A Registered User will be defined as inactive if she/he has not logged into any Site or she/he has not called Bozuko’s customer service or contacted Bozuko in any other manner.

11. Governing Law

    These Terms of Use shall be governed by and interpreted in accordance with the internal laws of the Commonwealth of Massachusetts, without reference to principles of conflicts of law. The parties hereto hereby consent to the non-exclusive jurisdiction of any local, state or federal court located within the Commonwealth of Massachusetts. TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY SUIT OR PROCEEDING ARISING UNDER OR RELATING TO THESE TERMS OF USE.

12. Miscellaneous

    These Terms of Use do not and shall not be construed to create any partnership, joint venture, employer- employee, agency or franchisor-franchisee relationship between the parties hereto. These Terms of Use will bind and inure to the benefit of each party’s successors and permitted assigns. You may not assign, transfer or sublicense any of your rights or obligations under these Terms of Use without Bozuko’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner and the enforceable provisions of these Terms of Use will remain binding upon the parties. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. These Terms of Use, together with all policies referred to herein, constitute the entire agreement between you and Bozuko with respect to your use of the Site and Services and supersede all prior or contemporaneous communications and proposals between you and Bozuko regarding such subject matter. Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

13. Acknowledgment

    You acknowledge that you have read and understand these Terms of Use and that these Terms of Use have the same force and effect as a signed agreement.

14. Notice to California Residents

    Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider of this web site is Bozuko, Inc. To file a complaint regarding this web site or to receive further information regarding use of this web site, please contact us at questions@bozuko.com. You also may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

15. Contacting Us

    If you have any questions about Bozuko generally, these Terms of Use or the Site, please feel free to contact us at questions@bozuko.com.

Copyright © 2011 Bozuko, Inc. All rights reserved.