Terms
and Conditions of Use Agreement
PLEASE READ
THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
We maintain this web site as a service to our customers, and by using
our site you are agreeing to comply with and be bound by the following
terms of use. Please review the following terms and conditions
carefully, and check them periodically for changes. If you do not agree
to the terms and conditions, you should not review information or obtain
goods, services or products from this site.
PLEASE NOTE:
YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S.
RESIDENT IN ORDER TO PARTICIPATE ON OUR SITE.
- Acceptance of
Agreement. You agree to the terms and conditions outlined in
this Terms and Conditions of use Agreement ("Agreement") with respect to
our site (the "Site"). This Agreement constitutes the entire and only
agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products or
services provided by or through the Site, and the subject matter of this
Agreement. This Agreement may be amended by us at any time and from
time to time without specific notice to you. The latest Agreement will
be posted on the Site, and you should review this Agreement prior to
using the Site.
- Copyright.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site
are protected under applicable copyrights, trademarks, registered
trademarks and other proprietary (including but not limited to
intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site, except
as allowed by Section 4, is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials viewed
through the Site. The posting of information or materials on the Site
does not constitute a waiver of any right in such information and
materials.
- Fraud:
By becoming a member, you confirm that the information provided in this
form is true and that you agree to abide by the Terms and Conditions of
use of this site. Please note that your membership can be canceled
without notice if it is determined that false or misleading information
has been provided, the Terms and Conditions of use have been violated,
or other abuses have occurred as determined by Boogiebodies.com
in its sole discretion. If membership has been revoked, The
Vintage Sound reserves the right to refuse application or
readmission to the membership program.
- Limited Right
to Use. The viewing, printing or downloading of any content,
graphic, form or document from the Site grants you only a limited,
nonexclusive license for use solely by you for your own personal use and
not for republication, distribution, assignment, sub-license, sale,
preparation of derivative works or other use. No part of any content,
form or document may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical, other than for
your personal use (but not for resale or redistribution).
- Editing,
Deleting and Modification. We reserve the right in our sole discretion
to edit or delete any documents, information or other content appearing
on the Site, including this Agreement, without further notice to users
of the Site.
- Indemnification.
You agree to indemnify, defend and hold us and our partners, attorneys,
staff and affiliates (collectively, "Affiliated Parties") harmless from
any liability, loss, claim and expense, including reasonable attorney's
fees, related to your violation of this Agreement or use of the Site.
- Nontransferable.
Your right to use the Site is not transferable. Any password or right
given to you to obtain information or documents is not transferable and
may only be used by you.
- Disclaimer.
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS
AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A
LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US.
THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limits.
All responsibility or liability for any damages caused by viruses
contained within the electronic file containing the form or document is
disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR
INABILITY TO USE OUR SITE. Our maximum liability to you under all
circumstances will be equal to the purchase price you pay for any goods,
services or information.
- Use of
Information. We reserve the right, and you authorize us, to the
use and assignment of all information regarding Site uses by you and
all information provided by you in any manner consistent with our
Privacy Policy.
- Third-Party
Services. We allow access to or advertise third-party merchant
sites ("Merchants") from which you may purchase or otherwise obtain
certain goods or services. You understand that we do not operate or
control the products or services offered by Merchants. Merchants are
responsible for all aspects of order processing, fulfillment, billing
and customer service. We are not a party to the transactions entered
into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS
AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US,
EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS
FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES
ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU
AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY
OTHER SITE LINKED TO OUR SITE.
- Third-Party
Merchant Policies. All rules, policies (including privacy
policies) and operating procedures of Merchants will apply to you while
on such sites. We are not responsible for information provided by you to
Merchants. We and the Merchants are independent contractors and neither
party has authority to make any representations or commitments on
behalf of the other.
- Privacy
Policy. Our Privacy Policy, as it may change from time to
time, is a part of this Agreement.
- Payments.
You represent and warrant that if you are purchasing something from us
or from our Merchants that (i) any credit card information you supply is
true, correct and complete, (i) charges incurred by you will be honored
by your credit card company, and (iii) you will pay the charges
incurred by you at the posted prices, including any shipping fees and
applicable taxes.
- Securities
Laws. This Site may include statements concerning our
operations, prospects, strategies, financial condition, future economic
performance and demand for our products or services, as well as our
intentions, plans and objectives, that are forward-looking statements.
These statements are based upon a number of assumptions and estimates
which are subject to significant uncertainties, many of which are beyond
our control. When used on our Site, words like "anticipates,"
"expects," "believes," "estimates," "seeks," "plans," "intends" and
similar expressions are intended to identify forward-looking statements
designed to fall within securities law safe harbors for forward-looking
statements. The Site and the information contained herein does not
constitute an offer or a solicitation of an offer for sale of any
securities. None of the information contained herein is intended to be,
and shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
- Links to
Other Web Sites. The Site contains links to other Web sites. We
are not responsible for the content, accuracy or opinions express in
such Web sites, and such Web sites are not investigated, monitored or
checked for accuracy or completeness by us. Inclusion of any linked Web
site on our Site does not imply approval or endorsement of the linked
Web site by us. If you decide to leave our Site and access these
third-party sites, you do so at your own risk.
- Submissions.
All suggestions, ideas, notes, concepts and other information you may
from time to time send to us (collectively, "Submissions") shall be
deemed and shall remain our sole property and shall not be subject to
any obligation of confidence on our part. Without limiting the
foregoing, we shall be deemed to own all known and hereafter existing
rights of every kind and nature regarding the Submissions and shall be
entitled to unrestricted use of the Submissions for any purpose, without
compensation to the provider of the Submissions.
- Return Policy.
Due to the nature of our online site, and the products listed, we at Boogiebodies.com have a 5 day return policy for any product.
- Venue;
Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS
ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE
SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL
BE LITIGATED IN THE CIRCUIT COURT OF Newtown, Pennyslvania OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
GEORGIA . YOU ARE EXPRESSLY SUBMITTING AND CONSENTING
IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF
SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT Newtown Pennsylvania OR THE DISTRICT OF PENNSYLVANIA IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON
LACK OF VENUE. This site is created and controlled by Boogiebodies.com.
As such, the laws of Pennsylvania will govern
the terms and conditions contained in this Agreement and elsewhere
throughout the Site, without giving effect to any principles of
conflicts of laws.
- Lapsed
Accounts: In order to keep Boogiebodiess.com membership roster current, if a Member does not access
his or her account for a period of 180 days or more, Boogiebodies.com may, in its sole discretion, terminate such Member's
account. Boogiebodies.com will endeavor to notify a
Member of Floydupgrades.com intent to terminate such Member's account by
notice to such Member's provided email address at least 7 days prior to
deactivation. If the Member fails to respond to such email notice with 7
days after the day it is sent by Boogiebodies.com, such Member's
account will be terminated as noted above. Therefore, Boogiebodies.com
strongly recommends that all Members keep their accounts and contact
data current and in use. While Boogiebodies.com desires to prevent
active accounts from being terminated prematurely, Boogiebodies.com has
no obligation to maintain accounts that appear to Boogiebodies.com to
have been abandoned. Each Member agrees that failure to access his or
her account for 7 days or more conclusively indicates that such Member's
account has been abandoned and that the account may therefore be
terminated.
- Verify
Members' Address:Boogiebodies.com
reserves the right to contact a Member via email to verify the accuracy
of account information (including the Member's correct name and address)
that is needed to provide the Member with the information he or she
requested from Boogiebodies.com.