1. GENERAL INFORMATION
Access to, and the use of, bauboroars.com (the "Website") as described below, is provided to you ("you" or "User") under the terms and conditions of this agreement and any operating rules or policies that may be published by Baubo Roars from time to time ("Agreement").
2. DESCRIPTION OF WEBSITE
Baubo Roars provides stories and artistic items for the viewer's enjoyment, contemplation, and interaction. Some items are available for purchase. Subject matter frequently consists of artwork that represents and discussions that refer to parts and functions of the human body. Most works of art express some aspect of the shadow side of our culture. The goal is to bring these items into the open with the hope of airing them out and together developing a healthier shared view. Baubo Roars may post editorials and host discussions for communication among its viewers. Topics may range from artistic opinions to natural bodily functions to humanistic philosophy.
Unless explicitly stated otherwise, any new features that augment or enhance the current Website, including the addition of new Content, will be subject to the terms of this Agreement. For purposes of this Agreement, "Content" means any textual or pictorial materials, including, without limitation, editorial, literary or advertising text, or graphical or digital images, whether or not such materials are protected by copyright, trademark or trade dress.
3. OWNERSHIP. Subject to the terms and conditions herein, as between Baubo Roars and you, the Content, and its expression and arrangement, is solely owned by Baubo Roars, licensors and its third-party Content Providers ("Content Providers"). Baubo Roars owns all right, title and interest in and to the Website and all related software, technology, information, documents, files, web pages and other materials including all intellectual property and proprietary rights therein, developed in connection with the Website and its services by Baubo Roars.
4. YOUR CONDUCT.
All the third-party Content made available to you through this Website is owned or controlled by the relevant third party Content Providers and any use by you of such Content or site is subject to the terms and conditions of the applicable Content Providers and the intellectual property laws of the United States or the relevant jurisdiction. The Content Providers are solely responsible for the Content provided to you through the Website. Your use of the Website is subject to all applicable local, state, national and international laws and regulations.
YOU REPRESENT AND WARRANT THAT YOU ARE OVER THE AGE OF 18 AND HAVE THE RIGHT TO ENTER INTO THIS AGREEMENT WITHOUT THE NEED FOR ANY APPROVALS FROM ANY THIRD PARTY.
You agree: (1) to comply with U.S. law regarding the transmission of technical data to outside the United States; (2) not to use the Website for illegal purposes; (3) not to interfere or disrupt networks connected to the Website; (4) to comply with all regulations, policies and procedures of networks connected to the Website; and (5) not to use the Website to collect or harvest personal information, including, without limitation, financial information, about other Users of the Website.
You agree not to transmit through the Website any unlawful, harassing, discriminatory, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You agree not to send transmissions through the Website which attempt to hide your identity or represent yourself as someone else.
If any information provided by you to the Website is found to be incomplete or inaccurate, the Website retains the right to terminate your rights to use the Website. You will not interfere with another entity's use and enjoyment of the Website.
In addition to any other termination right, Baubo Roars may, at its sole discretion, immediately terminate your access to the Website should your conduct fail to conform within any term or condition of this Agreement.
YOU ACKNOWLEDGE AND AGREE THAT BAUBO ROARS DOES NOT ENDORSE THE INFORMATION OR MATERIALS IN ANY CONTENT PROVIDER'S CONTENT OR ANY THIRD PARTY'S LINKED WEBSITE OR CONTENT, OR ASSUME ANY RESPONSIBILITY FOR THE VERACITY OR ACCURACY, OR FOR ANY THREATENING, LIBELOUS, DEFAMATORY, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED THEREIN, ANY INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS ARISING THEREFROM OR ANY CRIME FACILITATED THEREBY.
7. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
BAUBO ROARS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
BAUBO ROARS MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE, OR ERROR FREE; NOR DOES BAUBO ROARS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THROUGH HYPERLINKS TO THE WEBSITES OF THIRD PARTIES OR THAT DEFECTS IN THE SOFTWARE FOR THE WEBSITE WILL BE CORRECTED. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL RESULTS, OPINIONS, ADVICE, WEBSITE AND OTHER INFORMATION RECEIVED USING THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA UPLOADED, DOWNLOADED OR OTHERWISE TRANSMITTED OR OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH TRANSMISSION OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY.
BAUBO ROARS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE, OR INABILITY TO USE THE WEBSITE (WHETHER BECAUSE OF INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE) OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR FROM ANY BREACHES OF SECURITY RELATING TO THE SERVERS USED BY THE WEBSITE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF BAUBO ROARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. LINKED WEBSITES.
Websites that you may access through links found on this Website are for your convenience only and you access them at your own risk. Baubo Roars is not affiliated with such sites and is not responsible for their Content.
10. NO RESALE OR REVERSE ENGINEERING.
You agree not to translate, reverse engineer, reverse compile, disassemble or make derivative works from software programming contained in the Website. You agree not to modify programming contained in the Website in any manner or form, or to use modified versions of the programming contained in the Website including (without limitation) for the purpose of obtaining unauthorized access to the Website.
You agree to indemnify and hold Baubo Roars, its parents, subsidiaries, affiliates, officers and employees, licensors, affiliates and Users, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website, your violation of this Agreement, or your infringement of any intellectual property or other right of any person or entity through your use of the Website.
Baubo Roars may terminate the Website with or without cause at any time and effective immediately. Baubo Roars will not be liable to you or any third party for termination of the Website.
You acknowledge and agree that any termination of the Website under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Baubo Roars may immediately delete and discard all of your information and files and bar any further access to such files of the Website. SHOULD YOU OBJECT TO ANY TERMS AND CONDITIONS OF THIS AGREEMENT OR ANY SUBSEQUENT MODIFICATIONS THERETO OR BECOME DISSATISFIED WITH THE WEBSITE IN ANY WAY, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE USE OF THE WEBSITE OR NOTIFY BAUBO ROARS OF TERMINATION.
13. COPYRIGHTS AND COPYRIGHT AGENTS.
Baubo Roars respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement and appears on our Website, please provide Baubo Roars's copyright agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Baubo Roars's Copyright Agent for Notice of claims of copyright infringement on its site is LAURA MAPPIN who can be reached by email:
laura @ bauboroars.com
All notices to a party will be in writing and will be made either via email or conventional mail. Baubo Roars may broadcast notices, links to notices, or messages through the Website to inform you of changes to this Agreement, the Website, or other matters of importance; such broadcasts will constitute notice under the terms of this Agreement.
The Agreement will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. With the exception of Baubo Roars's right to pursue injunctive relief to protect its intellectual property rights, you and Baubo Roars agree to submit to the exclusive jurisdiction of the courts located within the County of Santa Clara, California.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Baubo Roars's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by Baubo Roars in writing.
Baubo Roars may assign this Agreement to any third party at its sole discretion. You will not assign or sublicense the rights granted under this Agreement, without prior written authorization from Baubo Roars.
You and Baubo Roars agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
This Agreement comprises the entire agreement between you and Baubo Roars and supersedes all prior or contemporaneous agreements between the parties regarding the subject matter contained herein.
©2005 Baubo Roars