Terms and Conditions
This policy is effective as of March 14, 2008.
AGREEMENT BETWEEN USER AND Punchbowl Software
"MyPunchbowl" is comprised of various Web pages operated by Punchbowl Software located at http://www.punchbowlsoftware.com and http://www.MyPunchbowl.com.
MyPunchbowl is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of MyPunchbowl constitutes your agreement to all such terms, conditions, and notices. When you create an account at MyPunchbowl, you accept these terms and conditions.
LINKS TO THIRD PARTY SITES
MyPunchbowl may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Punchbowl Software and Punchbowl Software is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Punchbowl Software is not responsible for webcasting or any other form of transmission received from any Linked Site. Punchbowl Software is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Punchbowl Software of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the MyPunchbowl Web Site, you warrant to Punchbowl Software that you will not use MyPunchbowl for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use MyPunchbowl in any manner which could damage, disable, overburden, or impair Punchbowl Software or interfere with any other party's use and enjoyment of MyPunchbowl. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through MyPunchbowl.
USER CONDUCT
MyPunchbowl reserves the right, but does not assume the responsibility, to monitor or review your conduct on MyPunchbowl. Your use of MyPunchbowl is subject to all applicable local, state, national and international laws and regulations.
In using MyPunchbowl you agree not to:
Post, transmit, or otherwise make available, through or in connection with MyPunchbowl:
- Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory; libelous or invasive of another's privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
- Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", survey, contest, or investment opportunity, or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise).
- Any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
- Any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of MyPunchbowl or the servers or networks used to make MyPunchbowl available; or violate any requirements, procedures, policies or regulations of such networks.
- Use MyPunchbowl to distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services without our express prior written consent; or use MyPunchbowl in a commercial manner.
- Attempt to gain unauthorized access to MyPunchbowl, other accounts, computer systems or networks connected to MyPunchbowl, through password mining or any other means.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Content or Materials from MyPunchbowl or reproduce or circumvent the navigational structure or presentation of MyPunchbowl.
- Engage in any other conduct which, in MyPunchbowl's sole discretion, is considered inappropriate, unauthorized or objectionable.
NO SPAMMING
You agree not use any feature of MyPunchbowl for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by MyPunchbowl . If you use any feature of MyPunchbowl for the purpose of sending Spam, your right to use MyPunchbowl immediately terminates and MyPunchbowl reserves the right to seek appropriate legal recourse, as necessary. You agree that MyPunchbowl may, at its sole discretion, immediately remove any communications that it reasonably believes constitutes "Spamming," including removal of any contact information related thereto. If you believe that other users are using MyPunchbowl for Spam, please notify MyPunchbowl using the Feedback/Support link at the bottom of our page, or by emailing MyPunchbowl at support@punchbowlsoftware.com. Please note that by posting a public event you are consenting to receive, and authorizing MyPunchbowl to forward to you, emails from other users. Such messages are not included in the above definition of Spam.
USE OF COMMUNICATION SERVICES
MyPunchbowl may contain message board services, chat areas, news groups, forums, communities, personal web pages, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Punchbowl Software has no obligation to monitor the Communication Services. However, Punchbowl Software reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Punchbowl Software reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Punchbowl Software reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Punchbowl Software's sole discretion.
MATERIALS PROVIDED TO Punchbowl Software OR POSTED AT ANY Punchbowl Software WEB SITE
Punchbowl Software does not claim ownership of the materials you provide to Punchbowl Software (including feedback and suggestions) or post, upload, input or submit to MyPunchbowl or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Punchbowl Software, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Punchbowl Software is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Punchbowl Software's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
MEMBERSHIPS
MyPunchbowl Plus and MyPunchbowl Premium are paid versions of MyPunchbowl. Memberships are annual and will auto-renew if you have selected that option. Auto-renew settings can be changed in your Your Account page. It is your responsibility to promptly provide Punchbowl Software with any contact or billing information changes or updates (including, address, credit card numbers, etc). New features will be added to the paid versions of MyPunchbowl on a regular basis. Some features may become free at the sole discretion of Punchbowl Software Inc.
PAYMENT
Payment for services is made by credit card or by PayPal in US Dollars and is non-refundable. Punchbowl Software reserves the right to cancel your MyPunchbowl Plus or MyPunchbowl Premium membership in the case of non-payment or invalid credit card. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Member. If payment is not current, Punchbowl Software may immediately cease to provide any and all Deliverables to the Member. You must notify Punchbowl Software about any billing problems or discrepancies within 90 days after charges first appear on your statement. If it is not brought to the attention of Punchbowl Software within 90 days, you agree to waive your right to dispute such problems or discrepancies.
RENEWALS
Your membership will require renewal one (1) year from the purchase date. If you elected to save your billing information for automatic renewal, the credit card on file will be automatically charged. If you did not elect to save your billing information you will be notified by email 7 days prior to your membership expiring at which point you will be prompted to pay for another year of your MyPunchbowl Plus or MyPunchbowl Premium membership.
INDEMNITY
You agree to indemnify and hold harmless Punchbowl Software, Inc, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of and access to MyPunchbowl Plus or MyPunchbowl Premium, your violation of the TOS, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.
APPLICABLE LAW
By visiting http://www.mypunchbowl.com you agree to submit to the personal and exclusive jurisdiction of the courts of Middlesex County, Massachusetts.
MERGER OR ACQUISITION
It is possible that the services and/or related assets of Punchbowl Software Inc. might be acquired as part of a merger or acquisition. In such an event, you understand and agree that Punchbowl Software Inc. may assign its rights under these Terms and that your personal information may be transferred to the succeeding entity.
LIABILITY DISCLAIMER
MyPunchbowl AND THE Punchbowl Software COLLECTION OF WEBSITE SERVICES AND CONTENT ARE PROVIDED "AS-IS" WITHOUT EXCEPTION.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH MyPunchbowl MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Punchbowl Software AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO MyPunchbowl AT ANY TIME.
Punchbowl Software AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON MyPunchbowl FOR ANY PURPOSE. Punchbowl Software AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Punchbowl Software AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF MyPunchbowl, WITH THE DELAY OR INABILITY TO USE MyPunchbowl OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH MyPunchbowl, OR OTHERWISE ARISING OUT OF THE USE OF MyPunchbowl, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Punchbowl Software OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF MyPunchbowl, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING MyPunchbowl.
TERMINATION/ACCESS RESTRICTION
Punchbowl Software reserves the right, in its sole discretion, to terminate your access to MyPunchbowl and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws the laws of the Commonwealth of Massachusetts, United States of America, without regard to its conflict of law provisions. You agree any action at law, or in equity arising out of, or relating to these Terms and Conditions shall be filed only in the state or federal courts in Suffolk County, Boston, Massachusetts, United States of America in all disputes arising out of or relating to the use of MyPunchbowl.
Use of MyPunchbowl is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Punchbowl Software as a result of this agreement or use of MyPunchbowl. Punchbowl Software's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Punchbowl Software's right to comply with governmental, court and law enforcement requests or requirements relating to your use of MyPunchbowl or information provided to or gathered by Punchbowl Software with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Punchbowl Software with respect to MyPunchbowl and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Punchbowl Software with respect to MyPunchbowl. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of MyPunchbowl are copyright 2009, Punchbowl Software and/or its suppliers. All rights reserved. The names of actual companies and products mentioned on MyPunchbowl may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
MODIFICATION OF THESE TERMS OF USE
Punchbowl Software reserves the right to change the terms, conditions, and notices under which MyPunchbowl is offered. The effective date will be posted at the top of this agreement if any changes are made to the agreement.