1. Ownership. The Web Site is owned by Boon Tunes LLC. Certain features are provided by third party providers. Except as to those properties which are owned by third party service provider, Boon Tunes LLC owns, solely and exclusively, all content and properties included on the Web Site and all rights, title and interest in and to the Web Site (including, without limitation, the text, graphics, data, materials, look and feel, design, organization of the Web Site, intellectual property rights, proprietary rights, logos and images) and same are protected, without limitation, by United States and international copyright laws. BIOL-O-GEE R.A.P. TM is a mark of Boon Tunes LLC and third party marks are the property of their respective owners. We do not grant any license or other authorization to any user of our tradenames, trademarks, service marks, or other marks or logos or that of any third party. All software used on the Web Site is the property of Boon Tunes LLC or its software suppliers. Boon Tunes LLC grants you a non exclusive limited license to access and make personal use of the Web Site only and not to download it, edit it or modify it or any portion thereof.
If you are permitted to download or stream product or materials from the Web Site, it is for your personal non-commercial use and only one copy is permitted on any single computer. The use on any other web site or networked computer is expressly prohibited. Any unauthorized use terminates the permission or license granted by Boon Tunes LLC.
2. Your Account. If you create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting other parties from using the information to access your account. If you create an account, you agree to provide true, accurate, complete and current information. If you are under the age of 18, you may use the Web Site only with the involvement of a parent or guardian. Boon Tunes LLC reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders in its sole and absolute discretion.
3. Products Are Informational Only. Any and all material and content provided by Boon Tunes LLC, including, without limitation, the videos, text, products and opinions are for informational purposes only and are not intended to be a substitute for any professional, educational, medical or other advice and are not to be used for the diagnosis and/or treatment of any illness, disease, condition, malady or disorder. If you have concerns, you should consult with an appropriate qualified professional. Boon Tunes LLC makes no representation or warranties regarding the content or materials it provides and expressly disclaims any and all liability by any person following the content or material provided by Boon Tunes LLC.
4. Risk of Loss. The risk of loss for all items purchased and shipped from Boon Tunes LLC shall pass to you upon delivery of said items to the carrier.
5. Your Conduct. You warrant and represent that you will not upload, post or transmit to or distribute or otherwise publish through the Web Site any materials that (i) infringes upon the rights of any third party, (ii) are unlawful, threatening, harassing, tortious, defamatory, vulgar, obscene, deceptive, fraudulent or contain explicit or sexual references or images, (iii) restrict or prohibit any other user from using the Web Site and (iv) contain a virus or other harmful component, advertising of any kind or false or misleading indications of origin or statement of fact. You also warrant and represent that you will not (i) exploit any information or material obtained through the Web Site for commercial purposes, (ii) engage in spamming, harvesting of e-mail addresses or other personal information, “database scraping” or any other activity with the purposes of obtaining lists of users or other information, (iii) attempt to gain unauthorized access to other computer systems through the Web Site and (iv) engage in reverse engineering.
6. Disclaimer. THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE INFORMATION, CONTENTS, SOFTWARE, MATERIALS, SERVICES, FUNCTIONS AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOON TUNES LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEB SITE, INFORMATION, CONTENTS, SOFTWARE, MATERIALS, SERVICES, FUNCTIONS AND PRODUCTS, AND ANY WEB SITE WITH WHICH IT IS LINKED. BOON TUNES LLC DOES NOT WARRANT THE INFORMATION, CONTENTS, SOFTWARE, MATERIALS, SERVICES, PRODUCTS, FUNCTIONS, AVAILABILITY, USEFULNESS, ACCURACY OR LINKS CONTAINED ON THE WEB SITE OR THAT ITS WILL MEET YOUR REQUIREMENTS, THAT THE WEB SITE OR ITS INFORMATION, CONTENTS, SOFTWARE, MATERIALS, SERVICES, FUNCTIONS AND PRODUCTS ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THE WEB SITE OR ITS CONTENTS, SERVICES, SOFTWARE, FUNCTIONS AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR EMAILS SENT TO YOU ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. BOON TUNES LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE WEB SITE THE INFORMATION, CONTENTS, SOFTWARE, MATERIALS, SERVICES, FUNCTIONS AND PRODUCTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BOON TUNES LLC OR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, AFFILIATES OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY “BOON TUNES PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES THAT RESULT FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE INFORMATION, CONTENTS, SOFTWARE, SERVICES, MATERIALS, FUNCTIONS AND PRODUCTS RELATED TO OR ON THE WEB SITE, EVEN IF THE BOON TUNES PARTIES OR THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE BOON TUNES PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE. IN NO EVENT SHALL THE BOON TUNES PARTIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE.
7. Applicable Law. This Agreement is governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. You and Boon Tunes LLC hereby agree to submit to the exclusive subject jurisdiction of the courts of the State of New York County of Kings and federal courts of the United States Eastern District of New York. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to the use of the Web Site, including, without limitation, the contents, software, materials, services, functions or products or this Agreement must be filed by you within one (1) year after such claim or causes of action arose or be forever barred. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provision and such remaining provisions shall be deemed modified so that its purposes can be lawfully effectuated and enforced. This Agreement constitutes the entire understanding of the parties and supersedes and controls over prior agreements, if any. No modifications of this Agreement shall be binding unless executed in writing by Boon Tunes LLC. No waiver of any provision of this Agreement shall be binding unless executed in writing by Boon Tunes LLC. The headings of articles, paragraphs, sections and other subdivisions hereof are inserted for convenience only. Such headings shall not be deemed to govern, limit, modify, or in any other manner affect the scope, meaning or intent of the provisions of this Agreement or any part or portion thereof; nor shall they otherwise be given any legal effect.
8. Indemnification. You shall indemnify, defend and hold harmless Boon Tunes LLC, its officers, members, managers, employees, agents, directors, affiliates and partners from and against any and all claims, demands, causes of action, judgments, damages, losses, liabilities and all costs and expenses of defense (including, but not limited to, reasonable attorneys’ fees and costs) arising out of or in connection (i) with your violation of this Agreement or any law, rule or regulation, (ii) a claim that is based upon your use of the content, software, materials, services, functions and/or products on the Web Site or otherwise provided, supplied or furnished by Boon Tunes LLC and/or, (iii) any material uploaded or linked by you. You will cooperate and provide Boon Tunes LLC any information that Boon Tunes LLC deems necessary in connection with defending any claim. Boon Tunes LLC shall have the right to assume the exclusive defense and control of any matter subject to indemnity by you and you will not, under any circumstances or in any event, settle any claim without the prior written consent of Boon Tunes LLC.
9. Linking. If you link to the Web Site, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by Boon Tunes LLC. Any such link must not damage, dilute or tarnish the goodwill associated with Boon Tunes LLC and/or any Boon Tunes LLC intellectual property or that of any other party, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Boon Tunes LLC, and you may not “frame” the Web Site. You may not link to the Web Site from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Boon Tunes LLC’s sole and absolute discretion. Boon Tunes LLC reserves the right, in its sole and absolute discretion, to terminate any link from any web site. You acknowledge and agree that Boon Tunes LLC has no responsibility for the accuracy or availability of information provided by web sites to which you may link from the Web Site. Links to such web sites do not constitute an endorsement by or association with Boon Tunes LLC of such sites or the content or products, advertising or other materials on such sites. You acknowledge and agree that Boon Tunes LLC is not liable directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on the linked sites.
10. Feedback & Third Party Comments. If you provide feedback, comments, ideas, concepts, testimonials, reviews, techniques or any other material in any communication (hereinafter individually and collectively referred to as “Comments”) to Boon Tunes LLC’s you hereby irrevocably consent to and grant to Boon Tunes LLC, its licensees, successors and assigns the unrestricted and perpetual right to use, display, reproduce, distribute and publish your Comments, your name, and (if applicable) any and all photographs of you which you have provided, for all purposes, including, without limitation, art, editorial, advertising, marketing or trade, in all media whether now known or created, throughout the universe without any compensation or further compensation to you. Boon Tunes LLC has the right, but not the obligation, to attribute Comments you. Boon Tunes LLC has your permission to modify, edit, abridge and limit your Comments and that no other material need be submitted to you for any further approval. You hereby waive any right to inspect or approve the finished photograph, advertising copy, website, product or any other matter that may be used in conjunction the Comments or to the eventual use that it may be applied to. In connection with the foregoing, you hereby release and hold harmless Boon Tunes LLC, its officers, directors, members, partners, employees agents and licensees, successors and assigns and each of the above from all liability. You warrant and represent that the Comments submitted by you do not and will not violate or infringe upon the rights of any third party. Nothing contained in this Agreement constitutes any obligation on the part of Boon Tunes LLC to use the Comments. You acknowledge and agree that the potential opportunity to have your Comments published or used is valuable consideration.
Under no circumstance shall Boon Tunes LLC, its officers, directors, members, partners, employees, agents or licensees be liable for any loss or damages caused by your reliance on Comments. It is your responsibility to evaluate the information, opinion, advice or any other matter in connection with the Comments.