TERMS OF USE
ELIGIBILITY AND ACCEPTANCE OF TERMS AND CONDITIONS
BOSTONEVENTGUIDE.COM (“Site,” “us,” or “we”) is the official website Boston Event Guide. This Site is owned and operated by POP Entertainment, LLC. (“Owner and Operator”).
Unless specified otherwise on the Site, users must be at least 21 years or older and a legal resident of the United States before participation in any event, contest, sweepstakes or interactive activities. By your participation in our Site activities, you certify that you are at least 21 years of age and meet any other eligibility and residency requirements of the Site.
This page states the terms and conditions forming the agreement under which you may use this Site. Please read this page carefully. If you do not accept this Terms of Use Agreement (“Agreement”), please do not use this website. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services (“Additional Terms”). The Site provides rules of participation (“Rules of Participation”) for certain activities and services including, but not without limitation, events, awards programs, contests, sweepstakes, email and dating services. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, any Additional Terms, or Rules of Participation, including any indemnifications, warranties, and limitations of liability. The Site’s Additional Terms, Privacy Policy, and the Rules of Participation are hereby incorporated in this Agreement by reference. To the extent that there is a conflict between this Agreement and Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. To the extent that there is a conflict between this Agreement and the specific Rules of Participation for the activity in which you choose to participate, this Agreement shall govern.
BOSTONEVENTGUIDE.COM may revise this Agreement at any time by updating this posting without notice to you. Such revisions are effective to you as a user of this Site immediately upon posting. You should visit this page periodically to review the Agreement, because they are binding on you. The terms "you" and "user" as used in this Agreement refer to all individuals and/or entities accessing this Site for any reason.
COPYRIGHT, TRADEMARK, AND PROPRIETARY RIGHTS
The contents of this Site, including all software, design, text, graphics, artwork, images, photographs, audio clips, video clips, and other material, including the selection and arrangements thereof, copyrights, trademarks, service marks and trade names (the "Material"), are the property of POP Entertainment, LLC and/or its subsidiaries, affiliates, assigns, licensors, the Site’s design, hosting, programming and contest management/prize fulfillment vendors (collectively “operational service providers”) and/or the Site’s advertisers, sponsors, and promotional partners (collectively “Advertisers”). The Material is protected, without limitation, pursuant to United States and foreign copyright, trademark and other applicable laws. Unauthorized use of the Material may violate such laws.
You understand, acknowledge and agree that the Site hereby grants you a limited personal, non-exclusive, non-assignable and non-transferable license that authorizes you to use and display the Material, provided that you retain all copyright, trademark and other proprietary notices contained in the original Material on any copy you may make of the Material. You further agree that you will not, in whole or in part, sell, lease, rent, exchange, reproduce, archive, modify, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, or circulate to any third party or on any third party website, or otherwise use the Material in any way for any public or commercial purpose without the express approval from POP Entertainment, LLC. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.
You are authorized to download and view a single copy of the Material on the Site solely for your personal, noncommercial use provided that you shall not, nor will you allow any third party (whether or not for your benefit) to copy, adapt the object code of the Site’s software, HTML, JavaScript, or otherwise, or reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its pages on the website.
Access to the Materials may not be lawful by certain persons or in certain countries. You also understand, acknowledge and agree that downloading of any object code or software by website users in restricted countries is prohibited. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Without the prior written permission of POP Entertainement, LLC, you agree not to display or use in any manner, the Site’s trademarks, including without limitation, domain names, email, newsletters, event names, slogans, and promotions.
Notwithstanding any statement to the contrary in this Agreement, you will not use or attempt to use, and shall cause each other party under your control not to use or attempt to use, any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, avatars or intelligent agents) to navigate or search the Site other than (a) the search engine and search agents available from the Site and (b) generally available third party web browsers (e.g., Netscape Navigator or Microsoft Internet Explorer).
USER CONDUCT
This Site may provide users with the opportunity to submit, post and/or exchange information, data, text, software, music, photographs, graphics or artwork, video, audio, messages or other materials (“Postings”), whether publicly posted or privately transmitted. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you, the user, and not this Site, are entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Users may not: 1) post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; 2) post material that reveals trade secrets, unless you own them or have the permission of the owner to do so; 3) post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; 4) post material that is considered by the Site, in its sole judgment, to be obscene, indecent, defamatory, threatening, harassing, tortuous, abusive, hateful, embarrassing or harmful to another user or any other person or entity; 5) post a sexually-explicit image or statement; 6) post advertisements or solicitations of business; 7) post chain letters or pyramid schemes; or 8) post any incomplete, false, fraudulent or inaccurate biographical information or general information which is not your own information, or impersonate another person.
The Site does not represent or guarantee the truthfulness, accuracy, timeliness or reliability of event information, editorial content, Postings by users and does not endorse any opinions, which may be expressed by any user. You further agree that any reliance on such Postings by other users will be at your own risk. We do not regularly review, screen or monitor the Site and we assume no obligation to do so and will not be liable or responsible to any user for performance or nonperformance of such material. If notified by a user of any Posting or communication which allegedly does not conform to this Agreement, we may, in our sole discretion, investigate the allegation and may thereafter determine, in our sole discretion, whether or not to remove or request the removal of the material. You understand, acknowledge and agree that we reserve the right to expel users and prevent their further access to the Site for violating this Agreement or any applicable law, and may remove communications which are considered to be, in our sole judgment, unlawful, harmful, threatening, abusive, obscene, indecent, libelous, disruptive, hateful, infringing, or racially, ethnically or otherwise objectionable.
You also grant the Site, its owner and operator, parent company(s), affiliates, successors and assigns, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, retransmit, translate, create derivative works from, distribute, communicate to the public, publicly perform or display such content (in whole or in part), and/or to incorporate it in other works in any form, media, or technology now known or later developed, for so long as any rights exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license set forth in this agreement. You also permit any other user to access, display, view, store and reproduce such content for such user’s personal use. Subject to all of the foregoing, the owner of such content placed on the Site retains any and all rights that may exist in such content.
Email is an important communications channel for the Site. All email sent to us should be generated by the person in whose name the email account is registered. Email users shall not mask their identity by using a false name or another person's name or account. We will use your email address and the content of any email for administrative and correspondence purposes and to send you information that you may request. Please see our Privacy Policy for details.
Any non-personal content you provide to the Site by email, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non-confidential and we assume no obligation to protect such information from disclosure. You understand, acknowledge, and agree that the submission of such information shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by the Site and corporate affiliates, for any purpose whatever, and we shall be free to reproduce, use, disclose and distribute such content without restriction.
CONTESTS, SWEEPSTAKES AND OTHER MEMBERSHIP ACTIVITIES
To participate in various Site activities, users must complete a registration process and may receive/select a “user name” and password. You understand, acknowledge and agree that you are responsible for maintaining the confidentiality of your Personal Information and Sensitive Personal Information defined in the Privacy Policy and the user name and password received upon registration on the Site. You will be fully responsible for all uses of your registration and for any activity that occurs under your password or account, whether or not authorized by you. You further agree to immediately notify the Site of any unauthorized use of your registration and/or password.
CHAT ROOMS, MESSAGE BOARDS AND OTHER PUBLIC AREAS
By use of or registration for any Site activity such as message boards, chat rooms and other public forums (collectively “Public Areas”), you understand, acknowledge, and agree that you are automatically subject to the following rules of conduct and the Site’s Privacy Policy. You further agree that we reserve the right, at our sole discretion, to terminate your membership or registration at any time, delete any or all of your postings, block access to your membership file or profile(s) and/or reject participation in any other activity or service provided to you by the Site. We also reserve the right to take such actions, with or without notice, and without any liability to the account holder and user.
As an entertainment service to our users, this Site provides Public Areas that enable users to interact with other users, and share commentary on a variety of subjects. A variety of subjects may be discussed via the Public Areas, however, use of such areas may only be for lawful and non-commercial purposes. The Site specifically prohibits certain uses and activities. You understand, acknowledge, and agree that by access or registration on Public Areas or any interactive area of the Site, you are prohibited from use of the Site for any of the purposes below in addition to the conduct listed in the User Conduct section of this Agreement:
- Posting a profile for anything other than to participate in online discussion via the Public Area.
- Sending a message to a user for any reason other than to participate in online discussions.
- Deleting or revising any content or material posted by any other person or entity.
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting for any reason.
ADVERTISING AND OTHER THIRD PARTY CONTENT
This Site provides banner and general advertising, and other content provided by our Advertisers. You understand, acknowledge, and agree that such third party content on this Site is not an endorsement by Pop Entertainment, LLC of the goods, services or messages conveyed in the content or the business practices (including the privacy policies) of such third party content providers. Users may from time to time enter into correspondence with or participation in the advertising or promotions offered through the Site. However, all such correspondence, including, without limitations, and resulting contractual agreements are solely between the Advertiser and the user. Your further agree that the Site is not responsible for upholding any applicable terms, conditions, and representations of warranties made by Advertisers or other third parties in connection with an agreement between users, or the purchase of goods and services offered by Advertisers or other third parties.
HYPERLINKS TO THIRD PARTY WEBSITES
This Site often provides links to third party websites and other resources that could be of interest to our users, including the websites of our Advertisers. You understand, acknowledge and agree that these links are provided solely as a convenience to you and not as an endorsement by the Site of the content, advertising or business practices (including the privacy policies) of such third party websites, whether the Boston Event Guide logo or sponsorship identification is on the third party website, or whether the Site conducts “framing,” which allows a user to access several webpages or websites while still viewing a header or border from this Site. These third party websites may have different privacy policies and business practices than we do. Therefore, we do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on such websites. You further agree that the Site, its Owner and Operator, parent company(s), corporate affiliates, successors and assigns, and their respective officers, directors, employees, representatives, agents, and operational service providers will not, under any circumstances, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on the content, advertising or business practices of linked third party sites. If you decide to access and use linked third party websites, you understand, acknowledge, and agree that you do so at your own risk.
SHOPPING & E-COMMERCE
This Site may offer various goods and services for sale (“Products”), or direct or link to other websites that sell goods and services. We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or web pages, even if you were directed or linked to such a site or page through this Site.
If a Product sold on this Site is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your credit or debt card account has been charged (in which event we will issue a credit to your account in the amount of the charge).
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Our creation or transmission of an order confirmation does not signify final acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. Products on the Site are offered for sale only to end user customers or as personal gifts to end user customers and are not for commercial resale. We do not accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Site.
If an order consists of multiple items, they may be shipped separately depending on availability.
PRIVACY POLICY
To participate in various activities on the Site, you will be asked to provide certain true, complete and current Personal Information or Sensitive Personal Information. All Personal Information, Sensitive Personal Information, and any additional type of information collected from users in general are subject to our Privacy Policy, which is incorporated by reference into this agreement. For more information, see our official Privacy Policy.
By submitting content to any area of the Site open to the other users or the general public it will be considered “Public Material” and will not be subject to the privacy protections generally afforded your Personal Information.
You further agree that the Site may save and archive any content of any nature posted to the Site and that the Site may, without liability to any user, disclose such content if required to do so by law or to comply with legal processes; to respond to claims that any of the content violates the property, privacy, publicity or any other rights of another individual, organization or corporation; or to protect the rights, property or safety of the company, the Site, its corporate affiliates, Advertisers, employees, suppliers, operational service providers, users and members of the public.
MODIFICATION, SUSPENSION OR DISCONTINUANCE OF SITE
The Site reserves the right, at its sole discretion and at any time, to modify or discontinue the service (or any part thereof) offered on the Site, on a temporary or permanent basis, with or without notice. You understand, acknowledge and agree that the Site will not be liable to you or to any third party for any such modification, suspension or discontinuance of the service offered by the Site.
SECURITY OF THE SITE
The Site’s loyal listener/user and other membership activities are to be accessed only by registered users of the Site which should have only one unique user name with one unique password. If you are found to share passwords with any non-registered member we will terminate your membership immediately without notice.
As a user of this Site, the following actions are also prohibited:
- Accessing data not intended for such user or logging into a server or account in which the user is not authorized to access.
- Attempting to probe, scan or test the vulnerability of the system or network or to breach the security or authentication measures of the Site without proper authorization.
- Forging any headers or otherwise manipulation of Site identifiers in order to disguise the origin of transmission through the Site.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site or the server of any user.
- Sending unsolicited commercial email individually or in bulk (also called, Spam), which promotes or advertises the Company, the Site, or any other activity, program, product, or service.
- Harvesting email addresses off this Site through an automated process.
- Bypassing this Site’s homepage via deep-linking or any other means, or framing this Site, or any webpage or material on the Site without the express written permission from Infinity. Users are also prohibited from hyperlinking to this Site or any webpage in an email sent for commercial purposes, without the express written permission of Infinity.
- Attempting to gain unauthorized access to the Site’s features or activities, interfering with or manipulating in any manner the entry or registration process for contests, sweepstakes, surveys, opinion polls, chat rooms, message or bulletin boards, or any other interactive features and activities on this Site.
- Falsifying identification or impersonating any person or entity, including, but not limited to, a Site or Company official, chat room or public forum leader, host, or guide, when accessing or participating in such features and activities.
- Setting up fake sites or other dummy sites that appear to be the Site, mirroring the Site’s contents, or otherwise copying any part of the Site Material and/or layout.
Violations of the Site’s system or network security may result in civil or criminal liability. The Site will investigate possible violations of system or network security and may involve, and cooperate with a user’s employer, Internet Service Provider, and/or law enforcement authorities in investigating and/or prosecuting users who are involved in such violations. The Site will also terminate the membership of any person that the Site believes, in its sole judgment, to have violated its security provisions.
INDEMNIFICATION AND LIMITATION OF LIABILITY
You understand, acknowledge, and agree to defend, indemnify, and hold harmless POP Entertainment, LLC , its parent company(s), corporate affiliates, successors and assigns, Advertisers, suppliers and operational service providers and their respective officers, directors, employees, representatives and agents, or others involved in creating, promoting, or otherwise making available this Site from and against any claims, actions, costs, expenses, or demands, including, without limitation, reasonable legal and accounting fees, resulting from any content you submit, post to or transmit through this Site, your use of the Site, your violation of this Agreement, your violation of any rights of another, or otherwise arising out of your use of this Site in any manner. The Site will attempt to provide notice to you promptly of any such claim, suit, or proceeding and will assist you, if requested and at your expense, in defending any such claim, suit or proceeding. We reserve the right to take exclusive control and defense of any such claim subject to indemnification by you, in which event you will cooperate fully with this Company in asserting any available defenses.
The Site and its Material may contain technical inaccuracies, typographical errors, and out of date information. The Site makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the Material, and the Site makes no warranty that the Site will meet your requirements. You understand, acknowledge, and agree that the use of the Site and the Material is at your own risk. The Site reserves the right to make changes to the Site and Material at any time.
IN NO EVENT SHALL THE SITE, ITS OWNER AND OPERATOR, PARENT COMPANY(S), CORPORATE AFFILIATES, SUCCESSORS OR ASSIGNS, AND THE SITE’S ADVERTISERS, SUPPLIERS, OR OPERATIONAL SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, ASSUME OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS, DAMAGES OR LOSSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOOD WILL, OR YOUR USE OR YOUR INABILITY TO USE THE SITE, OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, OR THE USE AND/OR APPEARANCE OF THE MATERIAL ON THIS SITE, ACCESS TO ANY HYPERLINK ON THIS SITE, UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, OR ANY OTHER INTANGIBLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
DISCLAIMER OF WARRANTIES
THE SITE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER OR SOFTWARE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOUR USE OF THE SITE IS UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK. IF YOUR USE OF THE SITE, SOFTWARE, OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU UNDERSTAND ACKNOWLEDGE AND AGREE THAT THE SITE IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION OR EXCLUSION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, DESIGN, TEXT, VIDEO CLIPS, AUDIO CLIPS, GRAPHICS AND ARTWORK, IMAGES, PHOTGRAPHS, OTHER MATERIAL, LINKS AND OTHER DATA.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME OF THE DISCLAIMERS IN THIS AGREEMENT MAY NOT APPLY TO YOU BY OPERATION OF LAW.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, YOU UNDERSTAND AND AGREE THAT THE AGGREGATE LIABILITY FOR THE COMPANY TO USERS FOR ALL CLAIMS ARISING FROM YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE THIS SITE OR ANY OF THE MATERIAL OR SOFTWARE IS LIMITED TO $1.00 (ONE DOLLAR AND ZERO CENTS).
USER TERMINATION
The Site reserves the right, at its sole discretion, to terminate your membership or registration at any time, delete any or all of your Postings, or block access to the Site and/or any other service provided to you. The Site reserves the right to take such actions, with or without notice, for any reason or for no reason, and without any liability to the account holder or user.
LEGAL VENUE, GENERAL AND CONTACT INFORMATION
This Agreement is governed by the law of the State of Massachusetts, without respect to its conflict of laws provisions. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts within Massachusetts. You agree to submit to the personal jurisdiction of the courts in the State of Massachusetts for any cause of action arising out of this Agreement.
If any provision of this Agreement, or the application thereof to any person or circumstances, is found to be invalid or for any reason, unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity and application of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in this Agreement, in a particular "Legal Notice," or Software License or material on particular Web pages, this Agreement constitutes the entire agreement between you and the Site with respect to the use of Site.
No changes to this Terms and Use Agreement shall be made except by a revised posting on this page and no advice or other information provided by the Site or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to this Agreement, unless such an amendment, waiver or change is in writing from an authorized officer or representative of Infinity.
The section titles in this Agreement are for your convenience only and do not have any legal or contractual effect.
If you have any questions regarding this Agreement, please contact the Site’s Privacy Administrator via email at
BOSTONEVENTGUIDE.COM
PO Box 488
Needham Heights, MA 02494
781-444-7771
ATTN: Privacy Administrator
This Terms of Use Agreement was last updated on December 31, 2004 and is effective immediately.
Copyright © 2004 Pop Entertainment, LLC . All rights reserved.
