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Bossbid Terms of Service

1.      ACCEPTANCE OF TERMS

Bossbid Inc. ("Bossbid") welcomes you. Bossbid provides the Bossbid Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using the Bossbid Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Bossbid owned or operated services, you and Bossbid shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Bossbid may also offer other services that are governed by different Terms of Service.

2.      DESCRIPTION OF BOSSBID SERVICES

Bossbid provides users with access to a rich collection of resources, including without limitation various shopping services and search services which may be accessed through any various medium or device now known or hereafter developed (the "Bossbid Services"). You also understand and agree that the Bossbid Services may include advertisements and that these advertisements are necessary for Bossbid to provide the Bossbid Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Bossbid Services, including the release of new Bossbid properties, shall be subject to the TOS. You understand and agree that the Bossbid Services is provided "AS-IS" and that Bossbid assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Bossbid Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Bossbid Services.

You understand that the technical processing and transmission of the Bossbid Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Please be aware that Bossbid has certain areas within the Bossbid Services that may contain adult or mature content. You must be at least 18 years of age to access and view such areas.

3.      BOSSBID PRIVACY POLICY

Any information about you is subject to our applicable privacy policy. For more information, see the full Bossbid Privacy Policy. You understand that through your use of the Bossbid Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Bossbid and its affiliates.

4.      INTERSTATE NATURE OF COMMUNICATIONS ON BOSSBID NETWORK

When you register with Bossbid, you acknowledge that in using the Bossbid Services to send electronic communications (including but not limited to email, search queries, sending messages to Bossbid Chat or Bossbid Groups, and other Internet activities), you will be causing communications to be sent through Bossbid's computer networks, portions of which are located in California, Texas, Kentucky, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Bossbid's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.

5.      SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Bossbid Services and transfer, posting and uploading of software, technology, and other technical data via the Bossbid Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Bossbid Services to parties identified on such lists; (b) agree not to use the Bossbid Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Bossbid Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.

6.      CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE BOSSBID SERVICES

Bossbid does not claim ownership of Content you submit or make available for inclusion on the Bossbid Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Bossbid Services, you grant Bossbid the following worldwide, royalty-free and non-exclusive license(s), as applicable:

a.      With respect to Content you submit or make available for inclusion on publicly accessible areas of Bossbid Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Bossbid Services solely for the purposes of providing and promoting the specific Bossbid Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Bossbid Services and will terminate at the time you remove or Bossbid removes such Content from the Bossbid Services.

b.      With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Bossbid Services other than Bossbid Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Bossbid Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Bossbid Services and will terminate at the time you remove or Bossbid removes such Content from the Bossbid Services.

c.      With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Bossbid Services other than Bossbid Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Bossbid Services are those areas of the Bossbid network of properties that are intended by Bossbid to be available to the general public. By way of example, publicly accessible areas of the Bossbid Services would include Bossbid Message Boards and portions of Bossbid Groups and Flickr that are open to both members and visitors. However, publicly accessible areas of the Bossbid Services would not include portions of Bossbid Groups that are limited to members, Bossbid services intended for private communication such as Bossbid Mail or Bossbid Messenger, or areas off of the Bossbid network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Bossbid.

7.      CONTRIBUTIONS TO BOSSBID

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Bossbid through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Bossbid is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Bossbid shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Bossbid may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Bossbid without any obligation of Bossbid to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Bossbid under any circumstances.

8.      INDEMNITY

You agree to indemnify and hold Bossbid and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Bossbid Services, your use of the Bossbid Services, your connection to the Bossbid Services, your violation of the TOS, or your violation of any rights of another.

9.      NO COMMERCIAL REUSE OF BOSSBID SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Bossbid Services (including Content, advertisements, Software and your Bossbid ID).

10. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Bossbid may establish general practices and limits concerning use of the Bossbid Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Bossbid Services, the maximum number of email messages that may be sent from or received by an account on the Bossbid Services, the maximum size of any email message that may be sent from or received by an account on the Bossbid Services, the maximum disk space that will be allotted on Bossbid's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Bossbid Services in a given period of time. You agree that Bossbid has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Bossbid Services. You acknowledge that Bossbid reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Bossbid reserves the right to modify these general practices and limits from time to time.

11. MODIFICATIONS TO BOSSBID SERVICES

Bossbid reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Bossbid Services (or any part thereof) with or without notice. You agree that Bossbid shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Bossbid Services (or any part thereof).

12. TERMINATION

You may terminate your Bossbid account, any associated forum access to the Bossbid Services by submitting such termination request to Bossbid.

You agree that Bossbid may, without prior notice, immediately terminate, limit your access to or suspend your Bossbid account, any associated email address, and access to the Bossbid Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Bossbid Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Bossbid Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Bossbid's sole discretion and that Bossbid shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Bossbid Services.

Termination of your Bossbid account includes any or all of the following: (a) removal of access to all or part of the offerings within the Bossbid Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Bossbid Services.

13. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Bossbid Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Bossbid shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Bossbid Services.

14. LINKS

The Bossbid Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Bossbid is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Bossbid shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

15. BOSSBID'S PROPRIETARY RIGHTS

You acknowledge and agree that the Bossbid Services and any necessary software used in connection with the Bossbid Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Bossbid Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Bossbid or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Bossbid Services, such Content or the Software, in whole or in part.

Bossbid grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Bossbid Services. You agree not to access the Bossbid Services by any means other than through the interface that is provided by Bossbid for use in accessing the Bossbid Services.

16. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a.      YOUR USE OF THE BOSSBID SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE BOSSBID SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BOSSBID AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b.      BOSSBID AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE BOSSBID SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE BOSSBID SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BOSSBID SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE BOSSBID SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c.      ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BOSSBID SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d.      NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOSSBID OR THROUGH OR FROM THE BOSSBID SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

e.      A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE BOSSBID SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE BOSSBID SERVICE. IMMEDIATELY DISCONTINUE USE OF THE BOSSBID SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE BOSSBID SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

17. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOSSBID AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BOSSBID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE BOSSBID SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BOSSBID SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE BOSSBID SERVICE.

18. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.

19. SPECIAL ADMONITION FOR BOSSBID SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Bossbid Services concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Bossbid Services is provided for informational purposes only, and no Content included in the Bossbid Services is intended for trading or investing purposes. Bossbid and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Bossbid Services, and shall not be responsible or liable for any trading or investment decisions based on such information.

20. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

21. NOTICE

Bossbid may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Bossbid Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Bossbid Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Bossbid Services in an authorized manner.

22. TRADEMARK INFORMATION

You agree that all of Bossbid’s trademarks, trade names, service marks and other Bossbid logos and brand features, and product and service names are trademarks and the property of Bossbid Inc. (the "Bossbid Marks"). Without Bossbid's prior permission, you agree not to display or use in any manner the Bossbid Marks.

23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Bossbid respects the intellectual property of others, and we ask our users to do the same. Bossbid may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Bossbid's Copyright Agent the following information:

a.      an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

b.      a description of the copyrighted work or other intellectual property that you claim has been infringed;

c.      a description of where the material that you claim is infringing is located on the site;

d.      your address, telephone number, and email address;

e.      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;

f.        a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Bossbid's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o Bossbid Inc.
140 Linden Avenue

Long Beach, CA 90802

24. GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and Bossbid and governs your use of the Bossbid Services, superseding any prior version of this TOS between you and Bossbid with respect to the Bossbid Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Bossbid services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. You and Bossbid each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Bossbid, shall be brought exclusively in the courts located in the county of Los Angeles, California or the U.S. District Court for the Southern District of California. You and Bossbid agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California or the Southern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms. The failure of Bossbid to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your Bossbid account is non-transferable and any rights to your Bossbid ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Bossbid Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

25. VIOLATIONS

Please report any violations of the TOS to our copyright agent.

Last updated June 9, 2009

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