BOOTIC Terms of Service
SHAZAM!!!! Application and Acceptance of Terms
Throughout this Agreement, the words "Bootic," "us," "we,", "awesome, handsome dudes" and "our(s)," refer to our company, Bootic, Inc., our website Bootic, or our service, Bootic, as is appropriate in the context of the use of the words. Likewise, the words "you" and "your" refer to you the person reading the Agreement, who in all likelihood is starting to doze. Additionally, "User(s)" will refer to everyone other than us who uses our site and "Member(s)" will refer to registered Users.
Like Trick Daddy, we love the kids (that's a rap song for those who are scratching their heads), but unfortunately our website and our Services are for grown-ups only. Therefore, we must ask that anyone under the age of 18 cease using this site immediately. If you are under 18 please do not send or submit any information to us.
We make buying and selling simple. Through our Services and website, Bootic provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. Bootic additionally provides electronic web-based transaction platforms for Members to place, accept, conclude, manage and fulfill orders for the provision of products and services online within our sites subject to our terms. However, for any transactions, Bootic does not represent either the seller or the buyer in specific transactions. Bootic does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale Bootic or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase. Bootic's search engine is a neutral marketplace.
You might have forgotten to register to vote but you must register as a Member on Bootic in order to access and use some of our Services. Additionally, Bootic reserves the right, without prior notice, to restrict or disallow access to or use of certain Services (or any features within the Services) to any Users.
Like high school, your experiences may vary. Some Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function will be available at any given time. Bootic may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to all Users.
Bootic may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice. Some Services may be provided by Bootic's affiliates on behalf of Bootic.
We work really hard for our money so don't be a jerk and try to scam or steal stuff from our site. You agree to use Bootic and its Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Sites (the "Site Content"), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Bootic, or otherwise commercially exploiting our Site Content. Systematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Bootic is prohibited. Like a hall pass, if we don't give you written permission please do not use any of our Site Content in any way.
We are not God, Jesus, Vishnu, Buddah or the Flying Spaghetti Monster and cannot be omnipotent and all places at once. Thus, Bootic does not and cannot review all communications and materials posted to or created by Users accessing the site, and are not in any manner responsible for the content of these communications and materials. We allow you the ability to create user generated content on the site and are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any of your contents or activities on the site.
It'd be sweet if you used our site exclusively for everything, but we're realists and we know that you may go to other sites for your needs. To help you out with that, we may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. Be sure to read their privacy policies and terms of service. Although we'd like to have godlike powers, we have no control over such third parties' web sites, we cannot and will not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
Please play nice, you agree not to undertake any action to undermine the integrity of the computer systems or networks of Bootic and/or any other User nor to gain unauthorized access to such computer systems or networks.
Remember, sharing is caring. By posting or displaying any information, content or material ("User Content") on Bootic or providing any User Content to Bootic, you grant an irrevocable, perpetual, worldwide, universal, royalty-free, and sub-licensable license to Bootic to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or developed in the future for any purpose which may be beneficial to the operation of Bootic or our Services, the provision of any Services and/or the business of the User. Additionally, you represent and warrant to Bootic that you have all the rights, power and authority necessary to grant the above license.
In order to complete transactions or use some Services on Bootic you must register for an account. You may be required to provide information including but not limited to your name, email address, business, and credit card information. You may have multiple personality disorder but unless expressly authorized by us, you may only register for one account to use Bootic or our Services. If we believe you're going schizo on us and creating multiple accounts we may suspend or terminate any accounts associated with you. Bootic may reject a User's application for registration for any reason.
Once you register with us, we shall assign an account and issue a unique member ID and password to you. We may also offer additional services for your account at our discretion.
Remember the Internets are like the Wild, Wild West so you gotta watch your back. As a registered User you are solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. Bootic is like a secret club, so you may not share, assign, sell, or permit the use of your account, ID or password by another person outside of your own business entity. If someone has used your account outside of your business entity you agree to indemnify us for any damage or harm that occurs from such unauthorized use. Additionally, if such unauthorized use occurs we may immediately terminate or suspend your account.
Like MI6 if your account is compromised we will disavow all knowledge of you. In all seriousness, we take account security very seriously, so please notify us immediately if you believe that your password or your account has been breached or compromised or you believe that your account has been subjected to unauthorized access. Furthermore, we promise to do our best in protecting your account information. However, you agree to indemnify us if any of your account information is compromised due to a third party.
We're not your nanny! Please be responsible for your account and your actions, as a Member you agree that all actions that occur under your account will be deemed to have been authorized by you. Bootic at its discretion may disclose your account information to cooperate with any investigation or dispute that may arise or in order to cooperate with any civil or criminal litigation.
Remember when your kindergarten teacher told you to be nice, honest, and play well with others? Well we play by the same rules here. Therefore each Member represents, warrants and agrees that (a) you have full power and authority to accept agreements, to grant the license and authorization and to perform the obligations hereunder; (b) you use Bootic and its Services for business purposes only; and (c) the address you provide when registering is the principal place of business of your business entity.
The truth will set you free. All Members will be required to provide information or material about their entity, business or products/services as part of the registration process on Bootic or your use of any Service or the member account. Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of Bootic or its Services is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
Remember when we told you not to steal from us well please don't steal from others either. Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party; and (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any third party rights.
Bootic and its Members and Users are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
- be true, accurate, complete and lawful;
- not be false, misleading or deceptive;
- not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, illegal, offensive, sexually explicit or harmful to minors;
- not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- not violate any other policies listed on our website;
- not contain any link directly or indirectly to any other websites which violate any of these terms;
- not be a photo of a lolcat playing a keyboard with a unicorn in the background.
Bootic plays the role of Galactic Emperor in making decisions on User Content. At any time we may modify, delete, or edit any of the User Content any Member has submitted. Additionally, if a Member is found to be in violation of any of the provisions within (a)-(g) your account may be terminated or suspended.
Each Member agrees that he/she shall:
- be a reasonable person and conduct business transactions with other Users of Bootic in good faith and in a lawful manner;
- carry on activities in accordance with the Terms of Service and any applicable other agreements;
- not use the Services or Bootic to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
- not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
- not engage in spamming or phishing or hacking;
- not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
- not involve attempts to copy, reproduce, exploit or expropriate Bootic's property and technology;
- not purposely or inadvertently use computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- not attempt to gain any unauthorized access to Bootic's Servcies or data;
- not do the Macarana while wearing flip flops and holding a glass beverage.
If you breach any of these provisions we might shoot bolts of lightning at you out of our fingertips. Seriously, if you breach any of these provisions or at our discretion we may terminate or suspend your account without notice.
Don't be a slim shady and don't do shady stuff!!! Seriously have you seen the stuff people sell online? If you looked hard enough you could probably get yourself a third kidney. With that being said, if we at our sole discretion believe that you have breached our Terms of Service or have engaged in any activities that are misleading or dishonest or will harm or disadvantage our business or any User or Member or a third party, your account and use of Bootic and its Services may be suspended or terminated.
Each Member agrees to indemnify Bootic, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Bootic or Services, or from your or our breach of the Terms.
No soup for you! If you misbehave, do not pass go do not collect $200. We reserve the right to publish any dishonest activity or breach of our terms or Services on our site or to our affiliates.
Have you ever tried internet dating? Sometimes a 10 can turn out to be a 2....Caveat Emptor!!!! At Bootic we will do our best to attempt to verify all of our sellers however verification on the internet is difficult. Therefore, we cannot and do not confirm each User's purported identity. We encourage you to use your brain and various means, as well as common sense, to evaluate whom you are dealing with.
You as a User or Member acknowledge that you are fully assuming the risks of conducting any purchase and sale transactions in connection with using Bootic or our Services, and that you are fully assuming the risks of liability or harm of any kind in connection with any subsequent activity of any kind relating to products or services that are the subject of transactions using the Bootic or its Services. Such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on Bootic may violate or may be asserted to violate third party rights, and the risks that Users may incur costs of defense or other costs in connection with third parties' assertion of third party rights.
You agree not to hold us liable for any costs, liability, claims, delays or damages associated with the aforementioned risks or any other risks of doing business on Bootic.
Ben Franklin said that "The only sure things in life are death and taxes." Therefore, Users are solely responsible for all taxes and fees and fulfillment of all the terms and conditions of the transactions conducted on Bootic or its Services.
Additionally, you agree to provide all information and materials as may be reasonably required by Bootic in connection with your transactions conducted on, through or as a result of use of the Bootic or its Services. Bootic has the right to suspend or terminate any User's account if the User or Member fails to provide the required information and materials. Don't you hate it when "kick your butt" is magically changed to "lick your butt"? Autocorrect can be a pain in the butt and we all know this. In the event that any product or service is mispriced or mislabeled Bootic disclaims any and all responsibility for such issues. Such issues must be independently resolved between the buyer and seller.
As Bootic is a passive site that allows third parties to complete business transactions all products and services offered on this site are offered on "as is" and without warranties of any kind, whether express or implied or derived from a 5th graders imagination. To the fullest extent permissible pursuant to applicable law, Bootic disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Bootic does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, come alive like SkyNet, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.
Didn't we ask you not to steal from us before? Like Alexander Bell inventing the telephone we invented Bootic. Bootic is a trademark used by us, Bootic, Inc. to uniquely identify our website, business, and service. You agree not to use this phrase anywhere without prior written consent from these awesome handsome dudes. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph. We worked really, really, really hard to create this site, so you agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our website or Services, or our website itself or any materials contained within it, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating any photos, images, other information on our website and copying them to another website.
We're a Registered Copyright Ninja Agent with the US Copyright Office, and everyone knows that ninjas are perfect. But sometimes being perfect is tough because haters gonna hate. Being a Registered Copyright Agent limits our liability under the DMCA (Digital Millenium Copyright Act). If you feel in your heart and soul that any of this site infringes on any material created , originated, or owned by you or a party you represent, please contact us and send us a takedown notice through email or letter at info@Bootic or Chief Executive Officer 1530 Page Mill Road Suite 200, Palo Alto, CA 94303.
Pursuant to 17 U.S.C. § 512(c) please include the following within your takedown notice:
- Identification of the copyrighted work or works
- Location of the infringing copyrighted work or works (aka the web address)
- Your contact information including your mailing address, telephone number, e-mail address, and your favorite Adam Sandler movie
- Your email or letter should also include these 3 statements:
- "I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
- "I consent to the jurisdiction of Federal District Court for the judicial district in which my above address is located."
- "Whoop there it is."
- Your signature, if sending through email an electronic signature is acceptable.
We're only kidding about the Adam Sandler movie reference and "whoop there it is". Please note that owl messenger, smoke signals, or telegram will not be accepted.
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS. YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU. WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY. THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
When I grow up I want to be Zsa Zsa Gabor...wait did I really say that out loud? At Bootic, we respect the First Amendment and allow our Members and Users to create content which is user-generated and to speak their mind. However, this is an online community so please be respectful and reasonable while communicating with others. Since third parties independently upload their content to our website, we are not liable for any defamatory content posted on our website if published by a third party. Although we may choose to edit or delete any clearly defamatory content, we are not required to, and we reserve all defenses for such speech made available to us by Section 230 of the Communications Decency Act, applicable statutes, the common law, and the First Amendment to the Constitution of the United States of America. If you are considering attempting to circumvent these defenses by filing suit against us in another country for something a third party posts to our website, we recommend that you review the "SPEECH Act" as passed by the United States Congress, which prevents any such judgments from being domesticated within the United States. If you believe anything that we have posted or published on Bootic has violated any laws or is illegal in nature please contact us immediately at info@Bootic.com.
Under no circumstances shall Bootic be held liable for any delay or failure or disruption of the content or services delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, Zerg rushes, telecommunications or any other equipment failures, cyborg invasions, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, zombie attacks, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
You got my back ese? You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Services to you, including any damages caused by your use of our website, the disclosure of your information, or acceptance of the offers contained this website. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
You may hate Arnold Schwarzenegger, good weather, and bad traffic but this Agreement shall be governed by the laws in force in California. The offer and acceptance of this contract is deemed to have occurred in California.
Ideally we'd like to settle all disputes with a lightsaber duel on the forest moon of Endor. However, that is pretty much impossible. Therefore, you agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in Palo Alto, CA. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party's reasonable attorneys' fees, court costs, and disbursements.
If you lost your eye we wouldn't think any less of you as a person, we might just be polite and only ask you to dot your lower case "j's". In accordance with that spirit, in the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other's operation, Bootic, Inc. shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Sometimes we are nicer than we should be so our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We all love the Terminator and like the T1000 we may terminate your account or any other provision of Services to you at our discretion without explanation, though generally we will strive to provide a timely explanation in most cases. You may cancel your account at any time. At the time of your termination or cancellation any and all of the material you have posted, submitted or created may be deleted.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Bootic must be addressed to our agent for notice and sent via certified mail to: Chief Executive Officer 1530 Page Mill Road Suite 200, Palo Alto, CA 94303. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.