Terms and Conditions of Use

 

Last updated: November 17, 2013

 

Welcome to GoBoiano.com!

 

GoBoiano Holdings, Inc and/or its affiliates ("GoBoiano") provide website features and other products and services to you when you visit or shop at GoBoiano.com, use GoBoiano products or services, use GoBoiano applications for mobile, or use software provided by GoBoiano in connection with any of the foregoing (collectively, "GoBoiano Services"). GoBoiano provides the GoBoiano Services subject to the following conditions.

 

By using GoBoiano Services, you agree to these conditions. Please read them carefully.

 

We offer a wide range of GoBoiano Services, and sometimes additional terms may apply. When you use an GoBoiano Service (for example, Your Profile, GoBoiano e-Shop™,  gifts cards, , or GoBoiano Media Library™).

 

PRIVACY

 

Please review our Privacy Notice, which also governs your use of GoBoiano Services, to understand our practices.

 

ELECTRONIC COMMUNICATIONS

 

When you use any GoBoiano Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other GoBoiano Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

COPYRIGHT

 

All content included in or made available through any GoBoiano Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of GoBoiano or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any GoBoiano Service is the exclusive property of GoBoiano and protected by U.S. and international copyright laws.

 

TRADEMARKS

 

The graphics, logos, page headers, button icons, scripts, and service names included in or made available through any GoBoiano Service are trademarks or trade dress of GoBoiano in the U.S. and other countries. GoBoiano's trademarks and trade dress may not be used in connection with any product or service that is not GoBoiano's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GoBoiano. All other trademarks not owned by GoBoiano that appear in any GoBoiano Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GoBoiano.

 

 

 

LICENSE AND ACCESS

 

Subject to your compliance with these Terms and Conditions of Use and your payment of any applicable fees, GoBoiano or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the GoBoiano Services. This license does not include any resale or commercial use of any GoBoiano Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any GoBoiano Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions of Use are reserved and retained by GoBoiano or its licensors, suppliers, publishers, rights holders, or other content providers.

 

No GoBoiano Service, nor any part of any GoBoiano Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GoBoiano. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GoBoiano without express written consent. You may not use any meta tags or any other "hidden text" utilizing GoBoiano's name or trademarks without the express written consent of GoBoiano. You may not misuse the GoBoiano Services. You may use the GoBoiano Services only as permitted by law. The licenses granted by GoBoiano terminate if you do not comply with these Conditions of Use or any Service Terms.

 

YOUR ACCOUNT

 

If you use any GoBoiano Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. GoBoiano does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method.  If you are under 18, you may use the GoBoiano Services only with involvement of a parent or guardian. GoBoiano reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

Our Policy Towards Children

 

Our Services are not directed to persons under 13. If you become aware that your child has provided us with personal information without your consent, please contact us. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child's account.

 

www.Goboiano.com is only available to individuals aged 13 years or older, unless you are under 13 years old and your www.GoBoiano password was provided to you as a result of a request by your parent, legal guardian or an approved educational instution. If you are 13 or older but under the age of majority in your country of residence, you must review these Terms and Conditions of Use as well as the Privacy Notice with your parent or legal guardian to make sure that you and your parent or legal guardian understand it.  Parents or legal guardians should also remind any minors that conversing with strangers on the Internet can be dangerous and take appropriate precautions to protect children, including monitoring their use of the GoBoiano Services.

 

To use the GoBoiano Services, you cannot be a person barred from receiving the GoBoiano Service under the laws of the United States or other applicable jurisdictions, including, without limitation, the country in which you reside or from where you use the GoBoiano Services. By accepting these Terms and Conditions of Use, you represent that you understand and agree to the foregoing.

 

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

 

Visitors may post reviews, comments, photos, videos and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. GoBoiano reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

 

If you do post content or submit material, and unless we indicate otherwise, you grant GoBoiano a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant GoBoiano and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify GoBoiano for all claims resulting from content you supply. GoBoiano has the right but not the obligation to monitor and edit or remove any activity or content. GoBoiano takes no responsibility and assumes no liability for any content posted by you or any third party.

 

COPYRIGHT COMPLAINTS

 

GoBoiano respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please inform us.

 

 

GOBOIANO SOFTWARE TERMS

 

In addition to these Terms and Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with GoBoiano Services (the "GoBoiano Software").

 

OTHER BUSINESSES

 

Parties other than GoBoiano operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. GoBoiano does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

THE GOBOIANO SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GOBOIANO SERVICES ARE PROVIDED BY GOBOIANO ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GOBOIANO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE GOBOIANO SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GOBOIANO SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GOBOIANO SERVICES IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GOBOIANO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GOBOIANO DOES NOT WARRANT THAT THE GOBOIANO SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GOBOIANO SERVICES, GOBOIANO'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM GOBOIANO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GOBOIANO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY GOBOIANO SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY GOBOIANO SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

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 MIGHT HAVE ADDITIONAL RIGHTS.

 

DISPUTES

 

Any dispute or claim relating in any way to your use of any GoBoiano Service, or to any products or services sold or distributed by GoBoiano or through GoBoiano.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the American Arbitration Association (“AAA”).  The arbitration will be conducted under the AAA’s  rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. GoBoiano will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

 

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

APPLICABLE LAW

 

By using any GoBoiano Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and GoBoiano.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

 

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of GoBoiano Services. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

OUR ADDRESS

 

        GoBoiano.com, Inc.

        http://www.GoBoiano.com

Notice and Procedure for Making Claims of Copyright Infringement

 

If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form. We respond quickly to the concerns of rights owners about any alleged infringement.

 

If you prefer to submit a report in writing, please provide us with this information:

 

 

Please note that this procedure is exclusively for notifying GoBoiano that your copyrighted material has been infringed.

 

Additional GoBoiano Software Terms

 

        Use of the GoBoiano Software. You may use GoBoiano Software solely for purposes of enabling you to use and enjoy the GoBoiano Services as provided by GoBoiano, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the GoBoiano Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the GoBoiano Software or otherwise assign any rights to the GoBoiano Software in whole or in part. You may not use the GoBoiano Software for any illegal purpose. We may cease providing any GoBoiano Software and we may terminate your right to use any GoBoiano Software at any time. Your rights to use the GoBoiano Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain GoBoiano Software that are specifically identified in related documentation may apply to that GoBoiano Software (or software incorporated with the GoBoiano Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any GoBoiano Service is the property of GoBoiano or its software suppliers and protected by United States and international copyright laws.

 

                Use of Third Party Services. When you use the GoBoiano Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

 

                No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the GoBoiano Software, whether in whole or in part, or create any derivative works from or of the GoBoiano Software.

        

                Updates. In order to keep the GoBoiano Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

        

                Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the GoBoiano Software. If you are a U.S. Government end user, we are licensing the GoBoiano Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the GoBoiano Software are the same as the rights we grant to all others under these Terms and Conditions of Use.