Terms of Service

The following terms and conditions govern all use of the BoomboxHQ.com website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Axis 80 Interactive Communications, Inc. (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Axis 80 Interactive, acceptance is expressly limited to these terms.

The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.

Your BoomboxHQ.com Account and Site.

If you create a web site on the Service, you are responsible for maintaining the security of your account and web site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the web site. You must not describe or assign keywords to your web site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Axis 80 Interactive may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Axis 80 Interactive liability. You must immediately notify Axis 80 Interactive of any unauthorized uses of your web site, your account or any other breaches of security. Axis 80 Interactive will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors

If you operate a web site, comment on a web site, post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms or the User Guidelines.

If you delete Content, Axis 80 Interactive will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Axis 80 Interactive has the right (though not the obligation) to, in Axis 80 Interactive’s sole discretion (i) refuse or remove any content that, in Axis 80 Interactive’s reasonable opinion, violates any Axis 80 Interactive policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Axis 80 Interactive’s sole discretion. Axis 80 Interactive will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal

General Terms

Paid plans (“Plans”) are available on the Service. By selecting a Plan you agree to pay Axis 80 Interactive the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Plan and will cover the use of that service for a monthly or annual subscription period as indicated. Plan fees are not refundable.

Automatic Renewal

Unless you notify Axis 80 Interactive before the end of the applicable subscription period that you want to cancel a Plan, your Plan subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Plan (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Plans can be canceled at any time by emailing info@boomboxhq.com.

Restricted Use

You may not use the BoomboxHQ.com site to substantially replicate products or services offered by Axis 80 Interactive, including the republication of BoomboxHQ.com content or the creation of a separate publishing platform. If Axis 80 Interactive believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the BoomboxHQ.com site may be temporarily or permanently revoked, with or without notice.

Responsibility of Service Visitors

Axis 80 Interactive has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, Axis 80 Interactive does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Axis 80 Interactive disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.

Content Posted on Other Services

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which BoomboxHQ.com links, and that link to BoomboxHQ.com. Axis 80 Interactive does not have any control over those non-Boombox websites and webpages, and is not responsible for their contents or their use. By linking to a non-Boombox website or webpage, Axis 80 Interactive does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Axis 80 Interactive disclaims any responsibility for any harm resulting from your use of non-Boombox websites and webpages.

Copyright Infringement and DMCA Policy

As Axis 80 Interactive asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by BoomboxHQ.com violates your copyright, you are encouraged to notify Axis 80 Interactive in accordance with Axis 80 Interactive’s Digital Millennium Copyright Act (“DMCA”) Policy. Axis 80 Interactive will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Axis 80 Interactive will terminate a visitor’s access to and use of the Service if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Axis 80 Interactive or others. In the case of such termination, Axis 80 Interactive will have no obligation to provide a refund of any amounts previously paid to Axis 80 Interactive.

Intellectual Property

This Agreement does not transfer from Axis 80 Interactive to you any Axis 80 Interactive or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Axis 80 Interactive. Axis 80 Interactive, Boombox, BoomboxHQ.com, the Boombox logo, and all other trademarks, service marks, graphics and logos used in connection with BoomboxHQ.com, or the Service are trademarks or registered trademarks of Axis 80 Interactive or Axis 80 Interactive’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Axis 80 Interactive or third-party trademarks.

Axis 80 Interactive reserves the right to display advertisements on your web site unless you have purchased a paid Plan.

Attribution

Axis 80 Interactive reserves the right to display attribution links such as ‘Site created with Boombox' in your web site footer or toolbar.

Domain Names

If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”) and the Domain Name Registration and Customer Service Agreement.

Changes

We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our web sites, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using BoomboxHQ.com within the designated notice period. Your continued use of BoomboxHQ.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Termination

Axis 80 Interactive may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your BoomboxHQ.com account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Service is provided “as is”. Axis 80 Interactive and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Axis 80 Interactive nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.

Limitation of Liability

In no event will Axis 80 Interactive, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Axis 80 Interactive under this agreement during the twelve (12) month period prior to the cause of action. Axis 80 Interactive shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Service will be in strict accordance with the Axis 80 Interactive Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Axis 80 Interactive, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Axis 80 Interactive and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Axis 80 Interactive, or by the posting by Axis 80 Interactive of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of Maryland, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Frederick County or Montgomery County, Maryland.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Maryland, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Axis 80 Interactive may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.