Terms of Service
Last Revised: March 7, 2013
The following is a legal agreement between AG Interactive, Inc., ("AG," "we," "us," or "our") and "you," the user of the Boofle application ("App") and its associated website www.boofle.com ("Website," which together with the App shall be referred to herein as "Boofle"). By downloading or using the App or accessing and using the Website, you acknowledge that you have read, understand, and agree to be bound to these terms of service ("Terms") and to comply with all applicable laws and regulations. Boofle allows users to receive, create, post, share, and communicate content, messages, photos, and other material across digital communication platforms and social network environments (the "Content"). THESE TERMS CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS IN THEIR ENTIRETY. If you do not agree to these Terms, please do not use Boofle.
Information about us
Boofle is owned and operated by AG. We are registered in Delaware and have our registered office at One American Road, Cleveland, Ohio, 44144.
Your Use of Boofle -- For U.S. and Canada
AG hereby grants you a limited, non-exclusive license to access, use and display the materials, features, and services provided by AG through the App and on the Website (collectively the "Materials") solely for your personal, non-commercial use, subject to these Terms. No other use of Boofle or the Materials is authorized. This right ends when you no longer have access to Boofle. To the maximum extent permitted by law, hacking, data mining, or reverse engineering the App, the Website or the Materials or posting of Materials other places is strictly prohibited, except as permitted as a function of Boofle. AG expressly reserves all rights not expressly granted herein. Any unauthorized use of Boofle shall immediately terminate the licensed granted by AG pursuant to these Terms.
The products, technology, or processes described or used on Boofle may be the subject of intellectual property rights reserved by AG or other third parties. Except for the limited license granted above, nothing contained herein confers to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of AG or any third party.
As a user of the Application, you undertake in relation to the Content that you upload to the Application that:
- You have obtained the consent of all individuals in the Content and that uploading those images onto Boofle, Website or other third-party social networking sites via Boofle will not infringe the privacy of any individual; and
- You have obtained the consent of all individuals in the Content and that uploading the images onto Boofle, Website or third-party social networking sites via Boofle and any subsequent publication of such Content does not infringe the intellectual property rights of any third party.
All of the Material available on Boofle is copyrighted © 1998-2013, AGC, LLC or used under license. AG currently utilizes copyrighted materials from various third-party individuals and entities. Copyright notices for such material are set forth wherever the licensed material appears on Boofle. In addition, the entire content of Boofle is a collective work owned by AG and is protected by U.S. and international copyright laws.
Acceptable Use Policy
AG has adopted the following Acceptable Use Policy in order to assure that Boofle is used in a lawful and appropriate manner. While AG does not ordinarily monitor the Content that users send, and is not required or otherwise obligated to do so, it reserves the right to monitor and investigate reports of misuse of Boofle and to protect its Materials, property and other assets. By using Boofle, you agree to this monitoring.
The following conduct is prohibited:
- sending harassing, abusive, or threatening messages or any messages that cause or are intended to cause annoyance, inconvenience or needless anxiety;
- sending obscene, indecent or pornographic messages or images;
- sending defamatory or libelous messages;
- sending viruses or other harmful, disruptive, or destructive files;
- attempting to steal passwords or credit card information;
- sending messages that may in any way infringe the intellectual property rights of third parties;
- sending messages in connection with a criminal offence under the applicable national laws or regulations or against public order or applicable ethical standards and codes;
- sending messages that in any way could breach or could potentially breach a legal duty to a third party (including a duty of confidentiality) or that in any way infringe or could potentially infringe a person's right to privacy;
- sending messages that in any way promote discrimination or is likely to incite hatred;
- sending messages in furtherance of unlawful, criminal, or fraudulent activity; or
- attempting to conceal or misrepresent your identity or the identity of the sender.
Violations of AG's Acceptable Use Policy will not be tolerated and may result in the user or sender being blocked from using Boofle. AG RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING PRODUCT RECIPIENTS, THEIR COUNSEL, OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY AG TO ADDRESS PAST VIOLATIONS OF THE ACCEPTABLE USE POLICY AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.
You may not use Boofle to send Content to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. AG reserves the right to limit, in its sole discretion and without prior notice to you, the number of Content sends that you make using Boofle or the number of recipients to which you send such Content.
You are solely responsible for your actions and communications undertaken or transmitted using Boofle. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploads, transmissions and Content to the extent permissible to ensure compliance with these Terms.
Links and Advertisements
AG may feature on Boofle, in our newsletters, or in our e-mail communications to you, links to third-party websites and applications. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. The goods and services available through these links are offered by independent companies, which are not affiliated in any way with AG Interactive, Inc., or American Greetings Corporation. To the maximum extent permitted by law, AG makes no representations as to the quality, fitness, workmanship, value, appropriateness, or reliability of the merchandise available or the solvency or financial viability of any advertiser. AG will not reimburse or indemnify you for any losses you may incur as a result of transactions with any AG advertiser. Users are advised to use discretion in selecting companies to do business with online.
There may be circumstances where access to Boofle is provided by a link located at another website or mobile application. These links are provided for your convenience and neither AG nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other websites or mobile applications and neither AG nor its affiliates are liable for any damages or injury arising from the content of these other applications. Neither AG nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to Boofle.
Using Your Own Materials
Boofle allows users to upload their own photos, artwork and other materials ("User Materials"). User Material is subject to the conditions outlined in these Terms. When you upload any User Material to Boofle you are indicating that you own the photo or image or other content or have full rights to its use in accordance with these Terms. You are also indicating that the User Materials you upload does not depict anything obscene, pornographic, or illegal, and comply with AG's Acceptable Use Policy (see above).
When you upload User Material to Boofle and use it to create and send Content, your User Materials will be used for the transmission itself; however, we may also use such User Materials in the course of performing testing, training or archiving of our and our affiliates' systems and hereby expressly reserve the right to do so.
AG's Use of Your Content
By sending us User Material, you grant us an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such User Material with or without your name in any manner, including in connection with our business, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
When you send Content via your mobile phone, standard messaging and data rates may apply. In addition, the recipient of your Content may also be subject to messaging or data charges from their mobile carrier depending on their messaging plan.
By sending Content via mobile phone, you agree that you are the account holder or have the account holder's permission to send such Content.
In order to send Content via mobile phone, AG uses the messaging application on the sender's device: for this reason, you cannot block or stop the receipt of Content from Boofle except by blocking the sender's number. Please contact your service provider for instructions on how to do this.
In addition to the other restrictions and limitations contained in these Terms, AG is not responsible for failures in delivery of Content via mobile phone as a result of any technical issues. For instance, AG is not responsible if your Content is not delivered because:
- the recipient declines delivery,
- the recipient is on an unsupported carrier,
- the recipient's phone cannot display messages,
- the recipient's plan does not provide for messaging,
- the recipient's carrier is unable to deliver messages to them,
- the recipient's network connection is interrupted during message delivery, or
- either your or the recipient's carrier does not support video messaging.
There may be other reasons for a delivery failure as well. AG will not give credits or refunds for Content that is not delivered due to technical issues that AG is not responsible for.
Warranty Restriction; Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MATERIALS, CONTENT, INFORMATION, AND SERVICES PROVIDED ON BOOFLE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, CONTENT, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. AG is not responsible for any failure of Content sent through Boofle to reach their intended recipients or to reach such recipients on the date specified by the sender. The Materials available on Boofle are subject to change without notice.
Neither AG nor any of its officers, directors, employees or affiliates are liable for any direct, indirect, special, consequential, punitive, exemplary or incidental damages of any kind whatsoever (including, but not limited to, lost profits or attorneys' fees) in any way due to, resulting from or arising in connection with your access to, inability to access, or use of Boofle, or from your reliance on any information provided at Boofle, even if AG has been advised of the possibility of such damages. This limitation applies to all causes of action in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and any other tort.
In the event the foregoing limitation of liability is held unenforceable or inapplicable, you agree that AG and its affiliates' aggregate liability will not exceed any sums paid by you pursuant to the download, access and use of Boofle.
Neither AG nor its affiliates takes any responsibility or assumes any liability for any User Materials or Content uploaded or otherwise transmitted by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, indecency, lewdness, harassment, threats, abuse, or profanity you may encounter in using Boofle. You agree to hold harmless AG and its affiliates and parties with whom AG has contracted for purposes of hosting or maintaining Boofle from all claims based upon communications or Materials made available by you on Boofle.
Nothing in this section limits or excludes our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
You hereby indemnify, defend and hold harmless AG and its affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms. You must cooperate as fully as reasonably required in defense of any such claim. AG reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Enforcement by AG
In the event AG determines, in its sole discretion, that you have violated these Terms, AG has the right to immediately terminate your account (with or without refund, at AG's sole discretion), refuse membership, or block the sending or receipt of Content from or to Boofle, or pursue any other remedies available to it under applicable law.
To the extent permitted by applicable law, these Terms, and the respective rights and obligations of the parties hereto, are governed by and construed in accordance with the laws of the State of Ohio. Any dispute arising between you and AG will be submitted to binding arbitration in Cleveland, Ohio in accordance with the American Arbitration Association's standard rules then in effect for arbitration of commercial disputes.
The failure to exercise, or delay in exercising, a right, power or remedy provided by these Terms or by law does not constitute a waiver of that right, power or remedy.
If any provision, or part of a provision, of these Terms, is found to be illegal, invalid or unenforceable, that provision or part-provision is deemed not to form part of these Terms, and the legality, validity or enforceability of the remainder of the provisions of these Terms is not affected, unless otherwise required by operation of applicable law.
These Terms represent an agreement between you as user of Boofle and us as service provider, and no other person can enforce any of its provisions. These Terms constitute the entire agreement between you and us in relation to your use of Boofle, and replaces and extinguishes all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
Updates to Terms
AG has the right to revise these Terms at any time. When we post changes to these Terms the App will be updated and the revised Terms will be posted to the Website and you will see the change in the Terms described in the update. By using Boofle, you agree to be bound by any such revisions and should therefore periodically visit Boofle to determine the then-current Terms to which you are bound.