BOOSTER SIGNS TERMS OF SERVICE
Effective Date August 08, 2012
These Terms of Service ("TOS") include the terms that govern your use of the website at http://www.boostersigns.com (the "Website") and the Online Design service (the "Service," defined below). These TOS describe your rights as a user of the Website and the Service; if you do not accept these terms, you must cease using the Website immediately. Your use of the Website and Service acts as an acceptance of these TOS. Booster Signs may change these TOS from time to time. All such changes shall become effective at the time that they are posted on the Website. Booster Signs encourages you to check these TOS with each use of the Website. In any case, your use of the Website and Service serves as an acceptance of the TOS found on the Website at the time you access it.
The Booster Signs Service - Booster Signs provides users with the service of allowing them to create custom print products on the Website, then producing those products and having them delivered to the users (the "Service").
Using the Website and Service
Eligible Users – No one under the age of 13 is allowed to use the Website and Service. Persons between the ages of 13 and 18 may use the Website and Service with parental supervision. No one unable to enter a legal contract may use the Website or Service.
Legal and TOS Compliance – When using the Website and/or Service, you must comply with these TOS and any applicable law.
User License to use Website and Service
You agree that Booster Signs owns all rights, title and interest, including without limitation intellectual property rights, in the Website and Service, except insofar as these TOS explicitly provide otherwise. Your use of the Website and/or Service will never give you any right, title or interest of any kind in the Website or Service.
Booster Signs grants you a limited revocable license to use the Website and Service as outlined in these TOS. If you use the Website and/or Service for any purpose or in any activity prohibited by these TOS, Booster Signs may revoke your license and pursue any available legal recourse.
Terms of Sale – If you purchase products on the site, you are also bound by the Booster Signs Terms of Sale.
Prohibited Uses – Any use of the Website and/or Service must be expressly permitted by these TOS. Under no circumstances shall you be permitted to cause any ham, whether physical, financial, or otherwise, to the Website. Without any limiting effect, you may not engage in the following activities: (i) disrupt the workings of the Website through any means, including the use of viruses or other programs, (ii) obtain any personal information from or about third parties that may be found on the Website, (iii) disassemble or reverse engineer any type of technology found on the Website or otherwise used to provide the Service, (iv) in any way interfere with the ability of other user's to use the Website or Service, (v) aid a another party in engaging in any of these prohibited activities.
Rights in User Content
User Content - Any content that is owned by the user at the time the user uploads it to the Website or that is protected by copyright at the time of its creation on the site ("User Content") will remain the property of the user with the user maintaining all rights in that content. However, by using the Website and/or Service, the user grants Booster Signs a royalty-free, transferable, non-exclusive license to use the user's User Content in any way it sees fit to promote its Website and/or Service. Booster Signs has the right to sublicense any rights that it has under the license described in this section.
Removal of User Content - At any time, a user may revoke Booster Signs' license to use the User Content by removing the user's User Content and notifying Booster Signs of the user's wish to revoke the license.
Reservations of Rights
Preventive Action - Booster Signs has the right but no obligation to monitor all activity conducted on and communications made through the Website. If at any time Booster Signs feels a user's use of the Website or Service will breach these TOS, break any laws, or is otherwise inappropriate, Booster Signs reserves the right to limit or extinguish user's ability to use the Website or Service, including cancelling any orders user may have placed through the Website.
Use of Communications - Booster Signs reserves the right to use any communications from users, including e-mails or any other submissions to the Website, in any way Booster Signs sees fit for marketing or promotional purposes. Users agree to not hold Booster Signs liable for the use of such communications.
Representations and Warranties
Mutual - Both the user and Booster Signs represent and warrant to one another that (i) each has the legal ability to enter into these TOS as a binding agreement, (ii) neither party will be violating any laws in performing its obligations under these TOS, and (iii) each party agrees that these TOS are a binding and enforceable agreement which that party has knowingly and willingly entered into.
User - User represents and warrants that in the user's use of the Website and/or Service, the user shall not infringe on any legal rights of other parties, including but not limited to trademark, copyright, patent, and trade secret rights as well as the rights of privacy and publicity. User further represents and warrants that there are no existing legal claims or litigation pending related in any way to user's User Content, and that by printing user's User Content, Booster Signs will not incur any obligation to pay User or any third party any fees, royalties, or other payments of any sort.
Disclaimer by Booster Signs - Booster Signs hereby disclaims any warranty, implied or otherwise, as to the fitness of the Website or Service for any purpose, the accuracy of any information or content on the Website, the presence or lack of interruptions of the Website and/or Service, or the compatibility of the Website with any specific software, hardware, or other equipment.
Limitation of Liability – In no case will Booster Signs be liable for any indirect, consequential, punitive, incidental or special damages related to the user's use of the Website and/or Service. In no event will the amount owed to a user of the Website or Service exceed the amount paid by the user to Booster Signs.
Indemnification – User agrees to indemnify Booster Signs as well as its officers, directors, managers, employees, representatives, and affiliates (the "Parties") harmless from any damage, loss, or expense, including without limitation, reasonable attorneys' fees, expert fees, and any other costs related to any legal demand, claim or action ("Legal Action") arising from user's alleged breach of these TOS. In the event you must indemnify Booster Signs, Booster Signs will have complete control of (1) choosing its attorney(s),(2) settlement decisions, and (3) any other decisions that impact the resolution of any Legal Action. A user may not reach a settlement or otherwise resolve any Legal Action without the express written permission of Booster Signs.
Prohibition of Resale - User agrees not to exploit the Website, in part or in whole, any commercial purposes. The user is prohibited from replicating or otherwise copying the Website.
All disputes arising out of, relating to or connected with these TOS or your use of any part of the Booster Signs Service will be exclusively resolved under confidential binding arbitration held in Travis County, Texas before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Texas law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought exclusively in a federal or state court located in Travis County, Texas. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Texas State courts in Travis County. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the Booster Signs Service must be asserted individually. Notwithstanding anything to the contrary in this Section, either party may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction
Severability - In the event any provision of these TOS is found to be invalid or otherwise unenforceable, the other provisions of this Agreement shall remain enforceable.
Miscellaneous - These TOS form the entire agreement between the user and Booster Signs on the subject matter of these TOS. Booster Signs may assign its rights and responsibilities under these TOS to another party with no notice to the user. A party's failure to enforce any given right it may have under these TOS shall not be construed as a waiver of that right.
Terms Of Sale
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