 
Welcome to Bostonsgraffitighosts.com ("Site"). Please
review the following basic terms that govern your use of our Site.
Please note that your use of our Site constitutes your agreement
to follow and be bound by those terms (the “Agreement").
GENERAL
We may from time to time change the terms that govern your use of
our Site. Your use of our Site following any such change constitutes
your agreement to follow and be bound by the terms as changed.
We may change, move or delete portions of, or may add to, our Site
from time to time.
SITE CONTENT
Unless otherwise noted, all materials, including images, illustrations,
designs, icons, photographs, video clips, and written and other
materials that appear as part of this Site (collectively, the “Content")
are copyrights, trademarks, trade dress and/or other intellectual
properties owned, controlled and/or licensed by bostonsgraffitighosts.com
The Site as a whole is protected by copyright and trade dress, all
worldwide rights, titles and interests in and to which are owned
by bostonsgraffitighosts.com.
1) Acceptance of Terms
BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT
TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL REVISIONS THEREOF
.The Content of our Site, and the Site as a whole, are intended
solely for personal, noncommercial use by the users of our Site.
You may download or copy the Content and other downloadable materials
displayed on the Site for your personal use only. No right, title
or interest in any downloaded materials or software is transferred
to you as a result of any such downloading or copying. You may not
reproduce (except as noted above), publish, transmit, distribute,
display, modify, create derivative works from, sell or participate
in any sale of, or exploit in any way, in whole or in part, any
of the Content, the Site, or any related software.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other
submissions disclosed, submitted or offered to bostonsgraffitighosts
on or by this Site or otherwise disclosed, submitted or offered
in connection with your use of this Site (collectively, “Comments")
shall be and remain bostonsgraffitighosts’ property. Such
disclosure, submission or offer of any Comments shall constitute
an assignment to bostonsgraffitighosts of all worldwide rights,
titles and interests in all copyrights and other intellectual properties
in the Comments. Thus, bostonsgraffitighosts will own exclusively
all such rights, titles and interests and shall not be limited in
any way in its use, commercial or otherwise, of any Comments. bostonsgraffitighosts
is and shall be under no obligation (1) to maintain any Comments
in confidence; (2) to pay to user any compensation for any Comments;
or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate
any right of any third party, including copyright, trademark, privacy
or other personal or proprietary right(s). You further agree that
no Comments submitted by you to the Site will be or contain libelous
or otherwise unlawful, abusive or obscene material. You are and
shall remain solely responsible for the content of any Comments
you make.
You agree that bostonsgraffitighosts may use and/or disclose information
about your demographics and use of the Site in any manner that does
not reveal your identity. By participating in Site sweepstakes,
contests, promotions, and/or requesting promotional information
or product updates, you agree that bostonsgraffitighosts may use
your information for marketing and promotional purposes.
BOSTONSGRAFFITIGHOST’S COMMUNICATIONS TO YOU
You agree that bostonsgraffitighosts may send electronic mail to
you for the purpose of advising you of changes or additions to this
Site, about any of bostonsgraffitighosts’ products or services,
or for such other purpose(s) as bostonsgraffitighosts deems appropriate.
LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services
and resources, the availability and content of which bostonsgraffitighosts
does not control, any concerns regarding any such service or resource,
or any link thereto, should be directed to the particular outside
service or resource.
INACCURACY DISCLAIMER
From time to time there may be information on the Site that contains
typographical errors, inaccuracies, or omissions that may relate
to products, pricing, news, or updates. We reserve the right to
correct any errors, inaccuracies or omissions and to change or update
information at any time without prior notice.
INDEMNIFICATION
You agree to defend, indemnify and hold bostonsgraffitighosts harmless
from and against any and all claims, damages, costs and expenses,
including attorneys’ fees, arising from or related to your
use of the Site.
TERMINATION This Agreement is effective unless and until terminated
by either you or bostonsgraffitighosts. You may terminate this Agreement
at any time. Bostonsgraffitighosts also may terminate this Agreement
at any time and may do so immediately without notice, and accordingly
deny you access to the Site, if in bostonsgraffitighosts’
sole discretion you fail to comply with any term or provision of
this Agreement. Upon any termination of this Agreement by either
you or bostonsgraffitighosts, you must promptly destroy all materials
downloaded or otherwise obtained from this Site, as well as all
copies of such materials, whether made under the terms of this Agreement
or otherwise.
DISCLAIMER THIS SITE AND ALL CONTENT OF THE SITE ARE PROVIDED ON
AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE
OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY
FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS
OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE,
AND THAT BOSTONSGRAFFITIGHOSTS SHALL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
3) User Conduct
In using this Site, you agree to not:
a) upload, download, post, email or otherwise transmit any materials
including but not limited to text, data, photos, graphics, or any
of these elements in combination as a design for products available
on this Site or otherwise ("Content") that are unlawful,
harmful, threatening, abusive, vulgar, harassing, defamatory, obscene,
pornographic, indecent, inflammatory, libelous, tortious, hateful,
or racially, ethnically or otherwise objectionable, or invasive
of another's rights including but not limited to rights of celebrity,
privacy and intellectual property.
b) impersonate any person or entity or falsely state or otherwise
misrepresent your affiliation with a person or entity;
c) upload, download, post, email or otherwise transmit any Content
that may infringe any patent, trademark, trade secret, copyright
or other intellectual or proprietary right of any party. By uploading
or downloading any Content, you represent and warrant that you have
the lawful right to reproduce and distribute such Content and that
the Content complies with all applicable federal, state and local
laws, regulations and ordinances;
d) upload, download, post, email or otherwise transmit any Content
that would constitute or encourage a criminal offense, violate the
rights of any party, or that would otherwise create liability or
violate any local, state, national, or international law;
e) upload, download, post, email or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials, junk mail, spam,
chain letters, or any other form of solicitation;
f) upload, download, post, email or otherwise transmit 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;
g) upload, download, post, email or otherwise transmit false or
misleading information;
h) disrupt or interfere with the security of, or otherwise abuse,
the Site, or any services, system resources, accounts, servers,
or networks connected to or accessible through the Site or affiliated
or linked websites.
i) access, tamper with or use non-public areas of the Site. Unauthorized
individuals attempting to access these areas of the Site may be
subject to prosecution;
j) disrupt or interfere with any other user's enjoyment of the Site
or affiliated or linked websites.
k) frame or link to the Site except as permitted in writing by BOSTONSGRAFFITIGHOSTS;
You acknowledge that BOSTONSGRAFFITIGHOSTS does not pre-screen submitted
Content, but that BOSTONSGRAFFITIGHOSTS and its designees shall
have the right (but not the obligation) in their sole discretion
to reject or remove any Content that is available via the Site.
Upon placing your order, you acknowledge that BOSTONSGRAFFITIGHOSTS
may review your order, and the Content it contains, for adherence
to our guidelines and compliance with the terms and conditions set
forth in this User Agreement. Without limiting the foregoing, BOSTONSGRAFFITIGHOSTS
and its designees shall have the right to remove any Content that
violates the Agreement or is otherwise objectionable to BOSTONSGRAFFITIGHOSTS.
You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content, created by or
submitted to, BOSTONSGRAFFITIGHOSTS. You acknowledge and agree that
you are responsible for the creation and compilation of your Content,
and that neither BOSTONSGRAFFITIGHOSTS nor any other party involved
with the production of any product incorporating such Content, including
but not limited to, pictures, assumes that responsibility. BOSTONSGRAFFITIGHOSTS
' production of any product depicting your Content, including but
not limited to pictures, does not indicate that BOSTONSGRAFFITIGHOSTS
approves of the Content, that the Content obeys all applicable laws,
or that you are absolved of any liability or harm arising from the
use of the Content.
You acknowledge and agree that BOSTONSGRAFFITIGHOSTS may preserve
Content and may also disclose Content if required to do so by law
or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (i) comply with legal process; (ii)
enforce the Agreement; (iii) respond to claims that any Content
violates the rights of third-parties; or (iv) protect the rights,
property, or personal safety of BOSTONSGRAFFITIGHOSTS, its users
and the public.
You understand that the technical processing and operation of the
Site, including your Content, may involve (i) transmissions over
various networks; and (ii) changes to conform and adapt to technical
requirements of connection networks or devices.
In addition, you agree that you are solely responsible for actions
and communications undertaken or transmitted under your account.
BOSTONSGRAFFITIGHOSTS takes no responsibility and assumes no liability
for any Content uploaded or otherwise transmitted by or to you or
by or to any third-party, or for any mistakes, defamation, slander,
libel, omissions, falsehoods, infringement, obscenity, pornography
or profanity you or a third party may encounter. BOSTONSGRAFFITIGHOSTS
reserves the right but not the obligation to remove any materials
it deems objectionable. You hereby agree to waive any claims against
BOSTONSGRAFFITIGHOSTS and its affiliates, contractors, agents and
employees for losses, damages and injuries which are based on or
relate to communications or materials made available to the Site
or posted on the Site by persons other than BOSTONSGRAFFITIGHOSTS
or its affiliates. You hereby agree to indemnify BOSTONSGRAFFITIGHOSTS
and its affiliates from all claims and expenses, including reasonable
attorney's fees, which claims are based on or arise from your violation
of any of the provisions of this User Agreement.
No royalty will be owed or paid on the sale of any items containing
an image which is in violation of any of the provisions of this
User Agreement, including but not limited to no royalty on any images
that contain objectionable content or are posted in violation of
the intellectual property, privacy or celebrity rights of any person
or entity.
You acknowledge and agree that you will use this Site and any products,
including without limitation, pictures, ordered on this Site at
all times in accordance with all applicable United States federal,
state and local laws, statutes, regulations and ordinances and will
not take any action that harms or violates the rights of any person
or entity.
6) Copyright and Trademark Policy
BOSTONSGRAFFITIGHOSTS respects the intellectual property rights
of others. We ask our users to do the same. BOSTONSGRAFFITIGHOSTS
may terminate the accounts of users who appear to infringe the copyright
or other intellectual property rights of others.
WARRANTY OF OWNERSHIP AND NON-INFRINGEMENT
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT
WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE
PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS)
OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO
OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL
PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE
CONTENT.
16) DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE
RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS
AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, BOSTONSGRAFFITIGHOSTS AND ITS AFFILIATES EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. BOSTONSGRAFFITIGHOSTS DOES NOT MAKE ANY WARRANTY
THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR
(B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE
WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE
CORRECTED. YOU AGREE THAT BOSTONSGRAFFITIGHOSTS SHALL HAVE NO RESPONSIBILITY
FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY
CONTENT CONTAINED THEREIN INCLUDING BUT NOT LIMITED TO LOSS OF DATA
FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN
TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES,
FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE
OF BOSTONSGRAFFITIGHOSTS, ITS AFFILIATES, ITS LICENSORS, OR A USER'S
OWN ERRORS AND/OR OMISSIONS. YOU EXPRESSLY AGREE THAT USE OF THIS
SERVICE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY,
DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE
RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR
SOFTWARE. YOU ACKNOWLEDGE THAT BOSTONSGRAFFITIGHOSTS DOES NOT CONTROL
IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY
THIRD PARTIES ON OR THROUGH THIS SERVICE. EXCEPT AS OTHERWISE AGREED
IN WRITING, BOSTONSGRAFFITIGHOSTS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY
FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY,
COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED
OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. YOU ACKNOWLEDGE
THAT BOSTONSGRAFFITIGHOSTS MAKES NO WARRANTY OR REPRESENTATION THAT
CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL
BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM BOSTONSGRAFFITIGHOSTS OR THROUGH OR FROM THE
SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. |