Last Updated: August 20, 2009
1. Introduction
babyboomer.cc ("Web site") is a website in Luxcore, Ltd.'s network. This Web site is owned and operated by Luxcore, Ltd. ("Company"). In addition to the Content on the Web site, the Web site may provide you with various community and publishing services including the ability to participate in online discussions or blog talkback ("Services") and post information and comments. Using our Web site and the Services, implicitly means that you are accepting the practices described in these Terms of Service. Please do not use the Web site and exit immediately if you do not agree to these Terms of Service. Without notice, we reserve the right to modify or amend the terms of our Terms of Service on occasion. Your acceptance of those changes is implied in your continued use of our Web site and any affiliate Web sites, following the posting of changes to these.
2. Copyright and Ownership
The Company, its licensors and/or its Content providers own all of the content displayed or featured on the Web site, including without limitation text, graphics, images, moving images, sound, illustrations and photographs ("Content"). Trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights protect, without limitation, all elements of the Web site, including, without qualification, the general design and the Content.
The Web site and the Services may be used only for the intended purpose for which such Web site and Services are being made available. You are authorized to view, play, print and download documents, audio and video found on our Web site for personal, informational, and noncommercial purposes only, except as may be otherwise indicated in specific documents within the Web site. None of the Web site materials may be modified by you: information or work contained on the Web site may not be copied, distributed, transmitted, displayed, performed, reproduced, published, nor licensed by you, nor may you create derivative works from, transfer or sell any of the Web site materials.
You are responsible for obtaining permission before reusing any copyrighted material that is available on the Web site, except as authorized under the copyright laws. The use of any such material on any other Web site or networked computer environment is prohibited for purposes of these Terms of Service. Concerning your use of the Web site and Services, you shall comply with all applicable domestic and international laws, statutes, ordinances and regulations. Unless otherwise expressly agreed, The Web site, its Content and all related rights are and shall remain the exclusive property of Company or its licensors. Any copyright, trademark or other proprietary notices from material found on this Web site will not be removed by you.
Company or its licensors license to you any software that you download from the Web site: the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "software"). Company (or its licensors) retains full and complete title to the software, and all intellectual property rights therein: Company does not transfer title to the software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software.
3. Corporate Identification including Trademarks
Trademarks or registered trademarks of Company or its affiliates, partners or licensors are all trademarks, service marks and trade names of Company and its partners and licensors used herein (including without limitation: Company, the Company corporate logo, and the associated designs and logos) (collectively "Marks").
Without Company's prior written consent, you may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Web site. You are not allowed to use the Marks on any other Web site or networked computer environment. Unless establishment of such a link is approved in advance, you may not use the Marks as a "hot" link on or to any other Web site.
4. Restricted Content and Activities
You agree that the Web site will not be used by you to post or upload any of the following:
- Offensive language, including profanities and expletives; sexually explicit or pornographic material; hate speech; defamatory, abusive, threatening or harassing speech; or any kind of racial, religious or personal attacks
- Material infringing upon the copyright, trademark, patent, trade secret or other proprietary rights or rights of publicity or privacy of third parties
- Direct links to or descriptions of goods and services that are prohibited under these Terms of Service
- Any kind of multimedia content, including audio, video and Flash or Silverlight media files
- Promotion of any activity that may be found illegal according to local, state, municipal or federal regulations (including, but not limited to, laws governing false advertising, export control, consumer protection, unfair competition, or antidiscrimination)
- Content that is itself per se illegal in any way, including fraudulent or misleading advertising or advertising involving the sale of contraband, counterfeit or stolen items
- Commercial Content of any kind, beyond appropriate discussion of Web site Content, including without limitation graphic and text advertisements, chain letters, spam offers, surveys, contests, or any clear promotion of commercial interests
- Content that is deliberately misleading, untrue, inaccurate, or trade libelous
- Any kind of executable programming, including viruses, Trojan horses, worms, spyware, time bombs, cancel bots, Easter eggs, or any form of malicious or benign computer programming whatsoever
- Content that can be demonstrated to contain encoded messages or encrypted Content of any kind
- Identifiable impersonations of another individual, by creating a misleading screen name that misrepresents the poster's identity in an identifiable way, by false representations in the text, or by posting using another individual's account, with or without that individual's knowledge
- Content that creates liability for us or causes us to lose (in whole or in part) the services of our partners or suppliers or ISPs
These Terms of Service expressly prohibit sending unsolicited email advertisements to any user of the Web site, which you understand and to which you agree. It is a violation of these Terms of Service and applicable "anti-spam" laws to make such unauthorized use of our computer systems. Civil and criminal penalties may accrue to the sender and his or her agents as a result of such violations.
5. Right to Remove Content or Block Access
Company may remove Content that does not meet the acceptable use guidelines or is otherwise inappropriate, at its discretion and according to its sole interpretation. Company may also prevent that user from using our services, remove all other Content by such user, and otherwise disable a user's account, at its discretion. Company may also suppress and disable Content from any account where the chosen screen name is a violation of trademark or copyright, or is deemed to be offensive or inappropriate. Company may also block your access to our Web site where (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may result in financial loss or legal liability for you, our Web site users or us.
6. Account Security
The security and confidentiality of your password and account is entirely your responsibility. You are also entirely responsible for any and all activities that occur under your account. Should you become aware of any unauthorized use of your account or any other breach of security, you agree to notify us immediately. It is your responsibility to take precautions and provide security measures most appropriate to you and your intended use of the Web site and Services. It is our right to provide user account, billing, Content or use records, and related information under appropriate circumstances (including in response to legal responsibility and obligation, lawful process, orders, subpoenas, or warrants, or to protect our rights, business or customers). You should take reasonable steps to protect your personally identifiable information, as anyone able to provide that information will be able to access your account.
7. Control of Information
We do not control user-published Content, and this content does not represent the views of Company or any individual associated with Company. You may not represent or suggest, directly or indirectly, under any circumstances, Company's endorsement of user-published Content. The accuracy or credibility of any user-published Content on our Web site is not endorsed by Company, nor does Company assume any responsibility or any liability for any actions you may take resulting from reading user-published Content on our Web site.
You may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive through your use of the Web site and Services. Risks may also arise in dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. You assume all associated risks by using our Web site.
8. Transactional Partners
We partner with another company in some cases to co-promote their services within our Web site. You are transacting directly with our partner in these cases. The transactional partner's brand is clearly visible on those pages, and their terms of service are posted. You are bound by partner terms of service in addition to remaining bound by the Company Terms of Service when using these partner pages. Company Terms of Service shall be held as the primary, enforceable terms of service when there is a conflict between the Company Terms of Service and partner terms of service.
9. Third Party Links
Babyboomer.cc contains hyperlinks to other Web sites controlled by third parties. These links do not imply endorsement by Company of, or any affiliation with, or endorsement by, the owner of the linked Web site; these links are provided solely as a convenience to you. The contents or use of any linked Web site, or any consequence of making the link do not engender any responsibility by Company.
10. Fees and Subscriptions
Company will bill your credit card for all charges for any products and services sold on the Web site, if any. You agree to reimburse Company for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses, in the event legal action is necessary to collect on balances due. The purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Web site are solely your responsibility.
11. Access and Interference
Without our express written permission, you agree that you will not use any robot, spider, scraper or other automated means to access the Web site for any purpose.
You additionally agree that you will not: (i) conduct any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure, in our sole discretion; (ii) disrupt or attempt to interfere with the proper working of the Web site or any activities conducted on the Web site; or (iii) circumvent any measures used by us to prevent or restrict access to the Web site.
12. Your License of user-published Content to Us
The individual user retains the intellectual property of user-published Content. You grant Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Content you have posted on our Web site throughout the world in any media, whether now known or hereafter discovered. You additionally warrant that all so-called "moral rights" in those materials have been waived.
13. Release
You release Company (and our officers, directors, agents, subsidiaries, joint ventures, suppliers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute that you have with one or more other users of the Web site.
14. No Warranty
You use and browse this Web site at your own risk. EVERYTHING ON THE WEBSITE AND SERVICES IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY BY US, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS. ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED BY US, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS. NO WARRANTIES OR REPRESENTATIONS ARE MADE BY US REGARDING THE INFORMATION CONTAINED ON THIS WEBSITE, AND WE SPECIFICALLY DISCLAIM ANY WARRANTY AS TO THE SUITABILITY,
RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE.
COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT DEFECTS SHALL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The foregoing disclaimer may not apply to you, as some states do not allow the disclaimer of implied warranties. Specific legal rights are granted to you by this warranty, and you may in addition have other legal rights that vary from state to state.
15. Limitation on Liability
In the event that legal action is taken against you by a third party as a result of Content published by you on our Web site, whether for copyright infringement or any other illegal activity related to your Content, Company assumes no liability.
Your ownership or otherwise control all of the rights to the Content that you post; the accuracy of Content; that use of your supplied Content does not violate this policy and will not cause injury to any entity or person; and that you will indemnify Company or its affiliates for all claims resulting from Content supplied by you, is represented and warranted by you.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, JOINT VENTURES OR OUR SUPPLIERS SHALL IN NO EVENT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, ANY CONTENT THEREON, OUR SERVICES OR THESE TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE) OR YOUR USE THEREOF, WHETHER BASED UPON NEGLIGENCE, OR OTHER TORT ACTION, OR IN A CONTRACT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU BECAUSE THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES MAY NOT BE ALLOWED BY APPLICABLE LAW.
COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE SHALL IN NO EVENT EXCEED FIFTY DOLLARS ($50.00).
16. Indemnification
You agree to defend, indemnify and hold harmless Company and any affiliated company or individual from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, associated with any violation of these terms by you or your authorized users, or in connection with your or your authorized users’ use of the Web site or the Internet or the placement or transmission of any message or information on this Web site by you or your authorized users or your or your authorized users’ violation of any law or the rights of a third party.
17. Force Majeure
Delays or failures in performance resulting from acts or occurrences beyond Company’s or your reasonable control, including, without limitation: acts of God, fire, lightning, explosion, power surge or failure, water, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers, shall not result in responsibility for damages for either Company or you.
18. Privacy
Our Privacy Policy governs your use of our Web site and Services. The Privacy Policy will prevail if there is a conflict between this agreement and the Privacy Policy. Please familiarize yourself with our Privacy Policy.
19. General
Our Web site is intended for users from the United States and is published in the United States. Any and all disputes shall be governed by U.S. law, including privacy or defamation issues or otherwise.
The laws of the State of New York shall in all respects govern these Terms of Service and your use of the Web site, including without limitation the use and collection of personal information, as such laws are applied to agreements entered into and to be performed entirely within New York between New York residents. The proper venue for any action seeking legal or equitable relief arising out of or relating to this Web site, and such action will be brought, only in the courts of the State and County of New York or the United States District Court for the Southern District of New York. The exclusive jurisdiction of the state and federal courts in New York governs each party.
Operation of the Web site may be interfered with by numerous factors outside of our control; we do not guarantee continuous, uninterrupted or secure access to our Web site or Services. A provision found to be invalid shall be struck and the remaining provisions shall be enforced, if any provision of these Terms of Service is held to be invalid or unenforceable.
Company in our sole discretion may automatically assign these terms of service and all incorporated agreements, to which you agree.
Headings of each section are only for reference purposes: they do not in any way define, limit, describe or construe the extent or scope of each section. Our right to act with respect to subsequent or similar breaches by you is not waived by our failure to act with respect to a breach by you or others. The entire understanding and agreement between us with respect to the subject matter hereof is set forth by these terms of service. These sections of the Terms of Service shall survive any termination or expiration of this Agreement: 11 (Access and Interference), 12 (License), 13 (Release), 15 (Liability Limit), and 16 (Indemnity).
20. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE
We may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party Web sites, in operating the Web site. Third party materials that we do not own or control may therefore be transmitted, stored, accessed or otherwise made available using the Web site. You should notify us using the notice procedure for claimed infringement under the DMCA if you believe any material available via the Web site infringes a copyright.
We will disable access to or remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Jerrold S. Seeman, Esq. is our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA. Report your issue by email to connect@babyboomer.cc.
You must provide us with the following notice elements:
The copyrighted work or other intellectual property that you claim has been infringed must be identified;
The material on the Site that you claim is infringing must be identified, with sufficient detail so that we may locate it on the Site;
Your statement that you believe in good faith that the copyright owner, its agent, or the law does not authorize the disputed use;
Your statement declaring that (a) the information above in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner, under penalty of perjury;
Your physical address, email address and telephone number;
Your physical or electronic signature.
21. Entire Agreement
These terms and conditions comprise the entire agreement between the user and Company and supersede any prior understandings or agreements (written or oral).
22. Copyright Notice
All text, images, videos, music, sounds, animation, Web site design, graphics, text selections, arrangements, and all software are Copyright Luxcore, Ltd.