Booshaka - Terms of Use and Legal Restrictions

Use of Booshaka

Booshaka authorizes you to use the Booshaka only for your own personal, non-commercial purposes. Use of the Booshaka for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited. If you make copies of any of the Materials, you must retain on any such copies all copyright and other proprietary notices contained in the original Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. Booshaka is protected under United States and international copyright laws. Any unauthorized use of the Booshaka may violate copyright, trademark, and other laws.

Access

You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Booshaka and for paying all charges related thereto. When you register to open an account anywhere on the Booshaka, or when you contact Booshaka through the Booshaka for the purpose of receiving products or services, Booshaka may collect certain personal information about you. Booshaka's use of such information is governed by the provisions of the Booshaka Privacy Statement for the Site. You agree to provide true, accurate, current, and complete information (and, for as long as you continue to use your Booshaka account, to update such information to keep it true, accurate, current, and complete). You are responsible for maintaining the confidentiality of your Booshaka password and you are solely responsible for all activities that occur under your password. You agree to notify Booshaka immediately of any unauthorized use of your password or any other breach of security related to the Booshaka. Booshaka reserves the right to require you to change your password if Booshaka believes that your password no longer is secure. Access to Booshaka granted under other separately executed agreements by Booshaka and You shall supersede the terms contained in this Section.

Prohibited uses

You agree not to use the Booshaka (including, without limitation, any Materials or Services you may obtain through your use of the Booshaka): (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a 'Law'); (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the Booshaka or servers or networks connected to the Booshaka. You further agree not to (x) use any data mining, robots, or similar data gathering or extraction methods in connection with the Booshaka; or (y) attempt to gain unauthorized access to any portion of the Booshaka or any other accounts, computer systems, or networks connected to the Booshaka, whether through hacking, password mining, or any other means.

Termination

Booshaka may terminate, suspend, or modify your registration with, or access to, all or part of the Booshaka, without notice, at any time and for any reason. You may discontinue your participation in and access to the Booshaka at any time. If you breach any of these Terms, your authorization to use the Booshaka automatically terminates and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

Limitation of liability

IN NO EVENT WILL ANY OF THE Booshaka PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE UNITED STATES (US$1.00) DOLLAR (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE Booshaka (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE Booshaka), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY Booshaka PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

Modifications to Booshaka

Booshaka reserves the right to modify, suspend, or discontinue the Booshaka at any time without notice to you. For example, Booshaka may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and Booshaka makes no commitment to update the Materials and Services whatsoever. Information published on a Site may refer to products, programs, or services that are not available in your country. Consult your local Booshaka business contact for information regarding the products, programs, and services that may be available to you.

User submissions

Certain areas of the Booshaka (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a 'User Submission'). By submitting a User Submission, you grant to Booshaka an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Booshaka deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technol ogy, product, or service). Booshaka reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Booshaka may, but is not obligated to, pre-screen User Submissions or monitor any area of the Booshaka through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. Booshaka is not required to host, display, or distribute any User Submissions on or through the Booshaka and may remove at any time or refuse any User Submissions for any reason. Booshaka is not responsible for any loss, theft, or damage of any kind to any User Submissions. Booshaka does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Booshaka will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. Booshaka does not guarantee that you will have any recourse through Booshaka or any third party to edit or delete any User Submission you have submitted.

By submitting any User Submission, you represent and warrant that:

Links to third-party websites

Links on the Booshaka to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Booshaka. Booshaka is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, Booshaka does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Booshaka Network, you do this entirely at your own risk.

Trademarks

Booshaka and any other product or service name or slogan or logo contained in the Booshaka are trademarks of Booshaka and its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Booshaka or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with Booshaka or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing any name, trademark, or product or service name of Booshaka without Booshaka's prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of Booshaka and may not be copied, imitated, or used (in whole or in part) without Booshaka's prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Booshaka.

Procedure for making claims of infringement

Booshaka respects the intellectual property rights of others. Accordingly, Booshaka has a policy of removing User Submissions that violate copyright law, suspending access to the Booshaka (or any portion thereof) to any user who uses the Booshaka in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the Booshaka in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, Booshaka has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the Booshaka, please email us.

International and export issues

Booshaka administers this Site from its offices in Palo Alto, California. Booshaka makes no representation that the Booshaka is appropriate or available for use outside the United States and access to the Booshaka from territories where its contents are illegal or restricted is prohibited. If you choose to access the Booshaka from outside the United States, you do so on your own initiative and are responsible for compliance with applicable Laws. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the Booshaka and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Materials may not, in violation of any Laws, be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or U.S. Department of Commerce Entity List of proliferation concern , or the US State Department Debarred Parties List . By using any Materials subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Indemnification

You agree to indemnify, defend, and hold harmless the Booshaka Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms. Booshaka reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Booshaka's defense of such claim.

Electronic communications

When you visit the Site or send e-mails to Booshaka, you are communicating with Booshaka electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that Booshaka provides to you electronically satisfy any legal requirement that such communications be in writing.

Refund Policy

All purchases on the Booshaka are final. When you agree to purchase an item by clicking the Buy button, your credit card is charged and the transaction cannot be cancelled.

Contact information: 47000 Warm Springs Blvd., Suite 1-275 Fremont, CA 94539 (323) 680-4124

General

These Terms, together with any additional terms to which you agree when using particular elements of the Booshaka, constitute the entire and exclusive and final statement of the agreement between you and Booshaka with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Booshaka with respect to such subject matter. The Booshaka Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and Booshaka shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Booshaka shall be brought in the Federal or State courts located in Santa Clara County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such pu rpose. The f ailure of Booshaka to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Booshaka and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Booshaka. These Terms will be interpreted without application of any strict construction in favor of or against you or Booshaka. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Booshaka without restriction.

Modifications to these Terms

Booshaka may, in its sole and absolute discretion, change these Terms from time to time. Booshaka will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the Booshaka. Continued use of the Booshaka following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Booshaka and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.

Revised September 2011