Terms of ServiceWelcome to Boxnutt! Boxnutt is a place to share things on the web that interest you. People use boxnutt.com (the "Site") to discover what's new and popular on the web. We call the services available on the Site, whether accessed directly, or through such third party applications, the "Service(s)."
1. Sharing Your Content
- Your content. Boxnutt allows you to box and post content on the Service, including news, photos, videos, comments, and other materials. Anything that you box, post, display, or otherwise make available on our Service, including all Intellectual Property Rights (defined below) in such content, is referred to as "User Content." You retain all of your rights in all of the User Content you post to our Service.
- How Boxnutt and other users can use your content. Subject to any applicable account settings you select, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, re-box, modify (e.g., re-format), re-arrange, and distribute your User Content on Boxnutt for the purposes of operating and providing the Service(s) to you and to our other Users. Nothing in these Terms shall restrict Boxnutt's rights under separate licenses to User Content. Please remember that the Boxnutt Service is a public platform, and that other Users may search for, see, use, and/or re-box any User Content that you make publicly available through the Service.
- How long we keep your content: Following termination or deactivation of your account, or if you remove any User Content from your account or your pages, Boxnutt may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, Boxnutt and other Users may retain and continue to display, reproduce, re-box, modify, re-arrange, and distribute any of your User Content that other Users have re-boxed to other pages or which you have posted to public or semi-public areas of the Service.
- Your responsibility for your content:
- To Boxnutt and our community. Boxnutt provides a creative and positive place for you to discover and share things you love. To keep it that way, we ask that you review and agree to abide by our Box Etiquette. We must also insist that you only use our Service in a manner that is consistent with the Boxnutt Acceptable Use Policy. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or the Boxnutt Acceptable Use Policy. Please — be a good citizen on Boxnutt, and always respect our Service and its Users.
- To third parties. Boxnutt values and respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any User Content that you post to the Service does not and will not violate any law or infringe the rights of any third party, including without limitation any Intellectual Property Rights (defined below), publicity rights or rights of privacy. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or the Boxnutt Acceptable Use Policy. It is important that you understand that you are in the best position to know if the materials you post are legally allowed. We therefore ask that you please be careful when deciding whether to make User Content available on our Service, including whether you can box or re-box User Content on pages. To learn more about copyright and fair use, please click here for some links to useful third party resources.
- Definition of Intellectual Property Rights. When we refer to "Intellectual Property Rights" in these Terms, we mean all patent rights; copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction.
- Feedback you provide: We value hearing from our Users, and are always interested in learning about ways we can make Boxnutt more awesome. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products ("Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction; your disclosure will not place Boxnutt under any fiduciary or other obligation; and we are free to use, disclose and otherwise exploit the Feedback without any restriction and without additional compensation to you. By acceptance of your submission, Boxnutt does not waive any rights to use similar or related Feedback previously known to Boxnutt, or developed by its employees, or obtained from sources other than you.
2. Boxnutt Content
- Boxnutt Content. Except for User Content, the Service itself, all content and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter ("Boxnutt Content") are the property of Boxnutt and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the Boxnutt Content without our permission.
- Our license to you. Subject to the terms and conditions of these Terms and our Acceptable Usage Policy, we grant you a license to use the Service, including accessing and viewing Boxnutt Content, for your personal, noncommercial use to allow you to express yourself, discuss public issues, report on issues of public concern, engage in parody and as expressly permitted by the features of the Service. Boxnutt may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, Boxnutt reserves all other rights and no other rights are granted by implication or otherwise.
3. Using Boxnutt
- Who can use Boxnutt. You may use the Service only if you can form a binding contract with Boxnutt, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under the age of 13 is strictly prohibited. Because we respect the Boxnutt community, the Service is not available to any Users previously removed from the Service by Boxnutt.
- Terminating your account. You may close your account at any time by sending an email to [email protected]. We may permanently or temporarily terminate or suspend your User account or access to the Service for any reason, without notice or liability to you, including if in our sole determination you violate any provision of our Acceptable Use Policy or these Terms, or for no reason. Upon termination of your use of the Service, you continue to be bound by Sections 1b (How Boxnutt and other users can use your content), 1c (How long we keep your content), 1e (Feedback you provide), 1f (Definition of Intellectual Property Rights), 2a (Boxnutt Content), 3 (Copyright Policy), 4c (Terminating your account), 4f (Your interactions with other Users), and 6 through 12 (inclusive) of these Terms. For information about how your User Content will be handled after any termination of your account, please see the "How long we keep your content" section above.
- Your responsibility for your account. When you create your Boxnutt account, you must provide us with accurate and complete information. Please be sure to provide us with up to date contact information for you so we know how to reach you. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are solely responsible for the activity that occurs on your account, and you agree to keep your account login and password secure. You must immediately notify Boxnutt of any compromise of your credentials you become aware of and any unauthorized use of your account.
- Changes to the Service. Here at Boxnutt, we're always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, we may, without prior notice, change the Service; add features, stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service.
- Your interactions with other Users. Please keep in mind that you are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Boxnutt will have no liability for your interactions with other Users, or for any User's action or inaction. Please help to make Boxnutt a positive and respectful community.
5. Third-party Links, Sites and ServicesThe Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Boxnutt. Boxnutt does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Service, you do so at your own risk and you agree that Boxnutt will have no liability arising from your use of or access to any third-party website, service, or content.
6. IndemnityYou agree to indemnify and hold harmless Boxnutt and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Services or Boxnutt Content, (ii) your User Content, or (iii) your breach of any of these Terms.
7. DisclaimersTHE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BOXNUTT SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BOXNUTT takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your AND OTHER USERS' online distribution and publication of your AND THEIR User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
8. Limitation of LiabilityYOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, BOXNUTT CONTENT, AND USER CONTENT REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER BOXNUTT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT, BOXNUTT CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BOXNUTT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL BOXNUTT AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT OR BOXNUTT CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BOXNUTT AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
9. General Terms
- Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Boxnutt without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with Boxnutt in connection with the Service, shall constitute the entire agreement between you and Boxnutt concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
- No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Boxnutt's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- Contact. Please contact us at [email protected] with any questions regarding these Terms.