| TERMS
OF USE
Effective
March 23, 2006
INTRODUCTION
Welcome to
Bootstrap Online, an online directory that connects graduate students
through social, academic, and professional networks. The Bootstrap Online
service and network (collectively, "Bootstrap Online" or "the
Service") are owned and operated by Handsome Dan Networks,
LLC (collectively, "us", "we" or "the
Company"). By using the www.bootstrapnetwork.com web site (the "Web
site") you signify that you have read, understand and agree
to be bound by these Terms of Use ("Terms of Use"
or "Agreement"). We reserve the right, at our sole
discretion, to change, modify, add, or delete portions of these
Terms of Use at any time without further notice. If we do this,
we will post the changes to these Terms of Use on this page
and will indicate at the top of this page the Terms of Use's
effective date. Your continued use of the Service or the Web
site after any such changes constitutes your acceptance of the
new Terms of Use. If you do not agree to abide by these or any
future Terms of Use, please do not use or access the Service
or the Web site. It is your responsibility to regularly review
these Terms of Use.
ELIGIBILITY
You must be
eighteen years of age or older to register as a member of Bootstrap Online
(a "Member") or use the Web site. If you are under
the age of 18, you are not allowed to register and become a
member of Bootstrap Online or access Bootstrap Online’s content, features
and services on the Web Site. Membership in the Service is void
where prohibited. By using the Service or the Web site, you
represent and warrant that you agree to and to abide by all
of the terms and conditions of this Agreement. We may terminate
your Membership and/or prohibit you from using or accessing
the Service or the Web site for any reason, at any time.
MEMBER
CONDUCT
You understand
that the Service and the Web site are available for your personal,
non-commercial use only. You represent, warrant and agree that
no materials of any kind submitted through your account will
violate or infringe upon the rights of any third party, including
copyright, trademark, privacy, publicity or other personal or
proprietary rights; or contain libelous, defamatory or otherwise
unlawful material. You further agree not to harvest or collect
email addresses or other contact information of Members from
the Service or the Web site by electronic or other means for
the purposes of sending unsolicited emails or other unsolicited
communications. Additionally, you agree not to use automated
scripts to collect information from the Service or the Web site
or for any other purpose. You further agree that you may not
use the Service or the Web site in any unlawful manner or in
any other manner that could damage, disable, overburden or impair
Web site. In addition, you agree not to use the Service or the
Web site to:
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upload,
post, email, transmit or otherwise make available any
content that we deem to be harmful, threatening, abusive,
harassing, vulgar, obscene, hateful, or racially, ethnically
or otherwise objectionable; |
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impersonate
any person or entity, or falsely state or otherwise misrepresent
yourself or your affiliation with any person or entity; |
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upload,
post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation; |
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upload,
post, email, transmit or otherwise make available any
material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or
hardware or telecommunications equipment; |
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intimidate
or harass another; |
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use
or attempt to use another's account, service or system
without authorization from the Company, or create a false
identity on the Service or the Web site. |
MEMBER
CONTENT POSTED ON THE WEBSITE
You are solely
responsible for the photos, profiles and other content that
you publish or display (hereinafter, "post") on or
through the Service or the Web site, or transmit to other Members
(collectively the "Member Content"). You understand
and agree that the Company may review and delete or remove any
Member Content that in the sole judgment of the Company violate
this Agreement or which might be offensive, illegal, or that
might violate the rights, harm, or threaten the safety of Members
or others.
By posting Member Content to any part of the Web site, you automatically
grant, and you represent and warrant that you have the right
to grant, to the Company an irrevocable, , non-exclusive, transferable,
fully paid, worldwide license (with the right to sublicense)
to use, copy, perform, display, reformat, translate, excerpt
(in whole or in part) and distribute such information and content
and to prepare derivative works of, or incorporate into other
works, such information and content, and to grant and authorize
sublicenses of the foregoing.
You may remove your Member Content from the Web site at any
time. If you choose to remove your Member Content, the license
granted above will automatically expire.
COPYRIGHT
POLICY
We respect
the intellectual property rights of others. If you believe your
work has been copied in a way that constitutes copyright infringement
or are aware of any infringing material on the Web site, please
contact us at copyright@bootstrapnetwork.comand
provide us with the following information: an electronic or
physical signature of the person authorized to act on behalf
of the owner of the copyright interest; a description of the
copyrighted work that you claim has been infringed; a description
of where the material that you claim is infringing is located
on the Web site; your address, telephone number, and email address;
a written statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner,
its agent, or the law; a statement by you, made under penalty
of perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on
the copyright owner's behalf.
LINKS
TO OTHER WEBSITES
The Web site
contains links to other web sites. We are not responsible for
the content, accuracy or opinions express in such web sites,
and such web sites are not investigated, monitored or checked
for accuracy or completeness by us. Inclusion of any linked
web site on or through the Web site or the Service does not
imply approval or endorsement of the linked web site by us.
If you decide to leave the Web site and access these third-party
sites, you do so at your own risk.
MEMBER
DISPUTES
You are solely
responsible for your interactions with other Bootstrap Online Members.
We reserve the right, but have no obligation, to monitor disputes
between you and other Members.
PRIVACY
We care about
the privacy of our Members. Click here to view the Web site's
Privacy Policy. By using the Web site or the Service, you are
consenting to have your personal data transferred to and processed
in the United States.
DISCLAIMERS
If you have
any questions about this Terms of Use, please contact us at
info@bootstrapnetwork.com.
The
Company is not responsible for any incorrect or inaccurate Content
posted on the Web site or in connection with the Service, whether
posted or caused by users of the Web site, Members or by any
of the equipment or programming associated with or utilized
in the Web site or the Service. The Company is not responsible
for the conduct, whether online or offline, of any user of the
Web site or Member of the Service. The Web site and the Service
may be temporarily unavailable from time to time for maintenance
or other reasons. The Company assumes no responsibility for
any error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft
or destruction or unauthorized access to, or alteration of,
user or Member communications. The Company is not responsible
for any problems or technical malfunction of any telephone network
or lines, computer online systems, servers or providers, computer
equipment, software, failure of email or players on account
of technical problems or traffic congestion on the Internet
or at any web site or combination thereof, including injury
or damage to users and/or Members or to any other person's computer
related to or resulting from participating or downloading materials
in connection with the Web and/or in connection with the Service.
Under no circumstances will the Company be responsible for any
loss or damage, including personal injury or death, resulting
from anyone's use of the Web site or the Service, any Content
posted on or through the Web site or the Service or transmitted
to Members, or any interactions between users of the Web site
or Members, whether online or offline. THE WEB SITE, THE SERVICE
AND THE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY
DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY
CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM
USE OF THE WEB SITE AND/OR THE SERVICE.
LIMITATION
OR LIABILITY
EXCEPT IN
JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT
WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING
FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF THE COMPANY
IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE
COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY
FOR THE SERVICE DURING THE TERM OF MEMBERSHIP; AND (B) ONE HUNDRED
DOLLARS ($100).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
GOVERNING
LAW AND VENUE
By visiting
or using the Web site and/or the Service, you agree that the
laws of the State of Texas, without regard to principles of conflict
of laws, will govern these Terms of Use and any dispute of any
sort that might arise between you and the Company or any of
its affiliates.
Any dispute relating in any way to the Web site and/or the Service
(including your visit to or use of the Web site and/or the Service)
shall be submitted to confidential arbitration in Austin, Texas,
except that, to the extent you have in any manner violated or
threaten to violate the Company’s or any of its affiliates'
proprietary or intellectual property rights, we may seek injunctive
or other appropriate relief in any state or federal court of
competent jurisdiction. For the purpose of such relief, you
hereby consent to, and waive all defenses of lack of personal
jurisdiction and forum non conveniens with respect to, non-exclusive
venue and jurisdiction in the state and federal courts of Texas.
Arbitration under this Agreement shall be conducted under the
rules then prevailing of the American Arbitration Association.
The arbitrator's award shall be binding and may be entered as
a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under these
Terms of Use shall be joined to an arbitration involving any
other party subject to these Terms of Use, whether through class
arbitration proceedings or otherwise. Any claim, action or proceeding
by you related in any way to the Web site and/or the Service
(including your visit to or use of the Web site and/or the Service)
must be instituted within one (1) year after the cause of action
arose or be forever waived and barred.
INDEMNITY
You agree
to indemnify and hold the Company, its subsidiaries and affiliates,
and each of their directors, officers, agents, contractors,
partners and employees, harmless from and against any loss,
liability, claim, or demand, including reasonable attorney's
fees, arising out of any claim, action, investigation or proceeding
made or instituted by any third party due to or arising out
of your use of the Service or the Web site in violation of this
Agreement or your violation of any law or the rights of a third
party.
OTHER
These Terms
of Use, together with the Privacy Policy and any other policies
of the Company posted by us on the Web site, constitute the
entire agreement between you and the Company regarding the use
of the Web site and/or the Service, superseding any prior agreements
between you and the Company relating to your use of the Web
site or the Service. The failure of the Company to exercise
or enforce any right or provision of these Terms of Use shall
not constitute a waiver of such right or provision in that or
any other instance. If any provision of this Agreement is held
invalid, the remainder of this Agreement shall continue in full
force and effect.
QUESTIONS
If you have
any questions about this Terms of Use, please contact us at
info@bootstrapnetwork.com
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