Terms of Use

Effective: December 12, 2007

INTRODUCTION

The U boomer U TV website is a community of online diaries and journals enabling users to share thoughts with friends and meet new friends, too. The U boomer U TV service is offered by U boomer U TV . (“U boomer U TV”) and includes the U boomer U TV website (the “Website”) and any other features, functions or content we offer in connection with the Website (collectively, the “Service”).

These terms of use (“Terms of Use”) constitute a binding agreement between U boomer U TV and you governing your use of the Service. By using the Service, you agree to be bound by all of the terms and conditions of the Terms of Use, regardless of whether you use the Service to post any of your own materials or to view materials posted by other people.

U boomer U TV reserves the right to modify the Terms of Use at any time. Your continued use of the Service after U boomer U TV modifies the Terms of Use will mean you agree to the Terms of Use as modified. If you do not agree to any modification, you should stop using the Service immediately. You should return to this page on a regular basis to view any modification to the Terms of Use.

NON-COMMERCIAL USE

You are granted a limited, revocable, non-exclusive, non-transferable license to use the Service solely in accordance with the Terms of Use and solely for your own personal, non-commercial purposes.

PASSWORD

When you join the Service, you are asked to choose a password. You are responsible for maintaining the confidentiality of your password. You agree not to disclose your password to any third party except a parent or guardian. You will hold U boomer U TV harmless for any damage arising from a third party accessing the Service using a password you disclosed.

MEMBER CONDUCT

U boomer U TV’s Terms of Use include the Rules of Member Conduct below. These rules apply to any and all materials, including text, photograph, video and music you post on the Service (“Content”) regardless of whether the Content is included in blogs, e-mails, profiles, comments, skins or any other portion or feature of the Service. These rules also apply to any other use you may make of the Service (“Conduct”). Notwithstanding any provision of the Rules of Member Conduct, U boomer U TV reserves the right not to post or to remove any Content from the Service at any time, without notice, for any reason or no reason, in U boomer U TV’s sole discretion.

The following is a list of Content and Conduct that violates the Rules of Member Conduct - you may not use the Service to:


  • upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, sexually or otherwise objectionable;
  • harm minors in any way;
  • solicit personal information from anyone under 18;
  • impersonate any person or entity, including, but not limited to, a U boomer U TV official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • provide a false birthday or age;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • upload, post, email or otherwise transmit any Content 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);
  • upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  • upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as classifieds) that are designated for such purpose;
  • upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • “stalk” or otherwise harass another;
  • collect or store personal data about other users;
  • upload, post, email or otherwise transmit any Content that provides instruction about illegal activities, including illegal drug use, child predation, terrorist activities, instructions in assembling or obtaining bombs or other weapons;
  • upload, post, email or otherwise transmit any Content that encourages or promotes physical harm against any group or individual. This includes Content that encourages or promotes self-harm;
  • interfere with or disrupt the Service or the servers or networks used to provide or receive the Service or disobey any requirement, procedure, policies and regulation of any networks used to provide and receive the Service;
  • intentionally or unintentionally violate any applicable local, state, national, foreign or international laws or regulation, including, any rule or regulation of any securities exchange, such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ, any self-regulatory organization or the U.S. Securities and Exchange Commission.


U boomer U TV has the right to determine whether any Content or Conduct violates the Rules of Member Conduct or the Terms of Use in its sole and absolute discretion.

You acknowledge that U boomer U TV has no responsibility for monitoring, filtering or pre-screening Content, but that U boomer U TV and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that violates the Terms of Use or is otherwise objectionable.

You understand that all Content posted to the Website or otherwise transmitted via the Service is the sole responsibility of the individual who originally posted the Content, and that your sole recourse for any damage you may suffer as a result of such content shall be to such individual. You agree that U boomer U TV will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service, and you hereby release U boomer U TV and its officers, directors, shareholders and employees therefrom. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

U boomer U TV reserves the right to preserve and disclose Content posted to or transmitted via the Service if reasonably necessary to:


  • enforce this Agreement
  • comply with a legal process
  • protect the rights, property, or personal safety of any party.

U boomer U TV reserves the right to take appropriate legal action against anyone who uses the Service in violation of the Terms of Use. Whenever U boomer U TV learns of any use of the Service in violation of or that may be in violation of any applicable law, U boomer U TV may report this to law enforcement authorities and otherwise cooperate with such authorities in their investigation.

DATA TRANSMISSION SECURITY

You acknowledge that U boomer U TV has no control of the communications lines used to access the Service because such lines are provided by a third party public utility and, as such, that the security of transmissions to and from the Service is not the responsibility of U boomer U TV.


CONTENT SUBMITTED TO U BOOMER U TV

(This section refers to Content that you create)

You retain all ownership rights to your Content. Except for its ownership of the collection of all content on U boomer U TV, as described below, U boomer U TV does not claim ownership of any Content you publish in your area of the Website (“Your U boomer U TV Site”).

When you publish your Content on the Service, you grant U boomer U TV a temporary license to “rebroadcast” it. We need this license to be able to show your Content to other members and visitors.

By publishing Content on Your U boomer U TV Site you grant U boomer U TV a world-wide, royalty-free, and non-exclusive license to reproduce, modify, distribute, transmit, publicly perform and publicly display the Content (as well as permit others - including without limitation U boomer U TV’s co-brand, content and syndication partners - to do the same) solely for the following purposes:


  • Displaying, distributing and promoting Your U boomer U TV Site
  • Promoting and marketing U boomer U TV’s products and services and general operation of the U boomer U TV Service
  • Promoting and marketing the products and services of U boomer U TV’s partners and affiliates
  • Promoting and marketing products and services related to your Content.

This license exists only for as long as the Content remains published on Your U boomer U TV Site and only for as long you remain a U boomer U TV member, except that you grant U boomer U TV a continuing perpetual license and right to maintain a copy of your U boomer U TV Site and Content for archival purposes. This archival copy is not posted publicly on the U boomer U TV system; it is maintained solely so that U boomer U TV may recover content and restore accounts (in case of errors or system failure) or cooperate with law enforcement in order to make the U boomer U TV service safer. Except for this license for archival use, in the event that you remove the Content from Your U boomer U TV Site or in the event that your membership is terminated, this license shall expire either immediately or upon termination of any promotional or marketing activities ongoing at the time.



COPYRIGHT

Content created by U boomer U TV or its suppliers

All content created by U boomer U TV, its partners, or its suppliers and included on the Service, such as text, logos, graphics, images, javascript code, HTML code, and other software, is the property of U boomer U TV, Inc. (or its partners or suppliers) and protected by U.S. and international copyright and other intellectual property laws.

Compilations of Content

Notwithstanding the provisions outlined in “Content submitted to U boomer U TV” above*, the collection of all Content on this site is a collective work under the U.S. copyright laws and is the exclusive property of U boomer U TV and protected by U.S. and international copyright laws. The Content and software on the Service may be used as a homepage creation or web-surfing resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on the Service is strictly prohibited.

*Individual Contributors retain all ownership rights to their Content. U boomer U TV does not claim ownership of any Content you publish on Your U boomer U TV Site.

COPYRIGHT INFRINGEMENT

You may not post, modify, distribute, or reproduce in any way any copyrighted material, belonging to others without obtaining their prior written consent. If you believe that your work has been copied and posted on U boomer U TV in a way that constitutes copyright infringement, please visit U boomer U TV’s Help page for more information on how to report infringement of your copyright. After receipt of proper notice of copyright infringement U boomer U TV will remove or disable access to the allegedly infringing material and notify the site owner via email or private message. U boomer U TV may, in appropriate circumstances and at its discretion, terminate the accounts of users who may be repeat infringers. U boomer U TV reserves the right to terminate your use of the Service at any time and remove any infringing Content if you infringe the copyright rights of others.

TRADEMARKS

U BOOMER U TV, U BOOMER U TV THE WEBLOG COMMUNITY, U BOOMER U TV METROS and EPROPS are registered trademarks of U boomer U TV. The mark BLOGRINGS is a trademark of U boomer U TV. The A/ALL/ALL AGES ALLOWED Design, B/BASIC/BASIC GUIDANCE Design, C/CAUTION/CAUTION Design, D/DISCRETION/DISCRETION REQUIRED Design and EX/EXPLICIT/EXPLICIT CONTENT Design are certification marks of U boomer U TV. U boomer U TV’s marks may not be used in connection with any product or service that is not U boomer U TV’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits U boomer U TV.

PERSONAL INFORMATION

You hereby certify to U boomer U TV that you are at least 18 years old. The Service is intended for people who are at least 18 years old. Children under 18 are not permitted to join the Service or participate in the U boomer U TV community, and U boomer U TV will delete U boomer U TV accounts held by people it learns are under the age of 18 .

For purposes of identification, you must provide U boomer U TV with accurate, complete, and updated information required by the registration to the Service - namely, a valid email address and date of birth. If you choose to purchase any of U boomer U TV’s pay services (such as U boomer U TV Premium) or provide information for one of U boomer U TV’s age verification services, you must provide U boomer U TV with accurate, complete and updated information (e.g. a credit card number and expiration date). U boomer U TV may require a copy of a state issued form of identification before making changes to the registration data, age verification status or billing information on a customer’s account. Please see our Privacy Policy, which is incorporated in this Agreement by reference, for further information concerning the personal information collected and received on U boomer U TV.

Please see our site for information concerning safer ways to participate on U boomer U TV,(such as computer hardware, software or filtering services) that may assist parents in limiting access to material that is harmful to minors.

LINKS

The Service may include links to other websites or resources. U boomer U TV has no control over such sites and resources, and is not responsible for the availability of such external sites or resources. U boomer U TV does not endorse and is not responsible for any content, advertising, products, or other materials on or available from such sites or resources or your use of such sites or resources.

INDEMNITY

You agree to indemnify and hold U boomer U TV, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any loss, damage, claim or demand, including reasonable attorney fees, arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another, whether you are a registered user or not. You are solely responsible for your actions when using the Service, including, but not limited to, costs incurred for Internet access.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. U BOOMER U TV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) U BOOMER U TV MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE OR ANY SOFTWARE PROVIDED TO YOU THROUGH THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN SOFTWARE AND ANY SOFTWARE PROVIDED TO YOU THROUGH THE SERVICE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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 OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM U BOOMER U TV OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT U BOOMER U TV SHALL NOT BE LIABLE FOR ANY DIRECT, 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 U BOOMER U TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

U.S. GOVERNMENT RESTRICTED RIGHTS

The materials on the Service are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of U boomer U TV’s proprietary rights in them.

APPLICABLE LAW

The laws of the State of New York will govern the Terms of Use, without giving effect to any principles of conflicts of laws.