Terms & Conditions
This Master SaaS and Services Agreement (this “Agreement”) is entered into by and between BOSS32, INC (“BOSS”), a New York State Corporation with a primary office at 30-30 47th Avenue, Long Island City, New York 11101, and the Customer (“Customer”). BOSS and Customer are sometimes referred to jointly as the “parties” or singularly as a “party.”
A. Your Accounts
You may be required to create an account and specify a password in order to use certain services or features on the Platforms. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.
In some cases, an account may be assigned to you by an administrator, such as your employer. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the Platforms. Moreover, your administrator may be able to access or disable your account without our involvement.
You may not share your account with anyone else. Please keep your password confidential, and do not to use it on other websites. If you believe that your account has been compromised at any time, please notify your system administrator.
B. Modifications and Termination
We reserve the right to modify our Platforms at any time, with or without notice to you. We may modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Platform and/or Services (or any part thereof, including but not limited to the Content) without notice, at any time and at its sole discretion. You agree that BOSS shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Service.
C. Content You Post
We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on the Platforms. You can only post Content if you own all the rights to that Content, or if another rights holder has given you permission.
You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. Without those rights, we couldn’t offer our Services.
Please note that this license continues even if you stop using our Platforms.
You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Content you post.
D. Content Posted by Others
We are not responsible for, and do not endorse, Content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another member.
E. Your Use of the Platforms
Please do not use the Platforms in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Platforms or any features on the Platforms (including any technological measures we employ to enforce these Terms).
If we, in our sole discretion, determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Platforms, and take appropriate legal actions.
Using our Platform does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Platforms unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.
Master SaaS and Services Agreement
When you use a Platform or send communications to us through a Platform, you are communicating with us electronically. You consent to receive electronically any communications related to your use of a Platform. We may communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by submitting
Content, creating a user account or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Statement.
F. Social Networks
The Service may include features that operate in conjunction with certain third party social networking Platforms that you visit such as Facebook, Instagram, YouTube, Vimeo, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking Platforms and the services provided through the Services is governed by the terms of service and other agreements posted on these Platforms. You are responsible for ensuring that your use of those Platforms complies with any applicable terms of service or other agreements.
G. Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of care and promise to do our best to make sure you enjoy the Services. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, NEITHER BOSS32, INC. NOR ITS AGENTS OR SERVICE PROVIDERS (THE “SERVICES ENTITIES”) MAKE ANY SPECIFIC PROMISES ABOUT THE PLATFORMS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE PLATFORMS, THE SPECIFIC FUNCTION OF THE PLATFORMS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE PLATFORMS “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
EXCEPT WHERE PROHIBITED, THE SERVICES ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE PLATFORMS OR ANY THIRD PARTY’S USE OF THE PLATFORMS. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
H. Additional Details
We may modify these Terms at any time so be sure to check back regularly. By continuing to use or log in to a Platform after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Platforms.
The Platforms may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Platforms may contain ads from third-parties. We do not control or endorse any products being advertised.
If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean we’re OK with what you did, or we are giving up any rights that we may have (such as taking action in the future).
These Terms are governed by and construed in accordance with the laws of California, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in San Francisco, California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.
BOSS accepts and responds to any requests such as disclosure, correction, addition, or deletion and veto of use or provision of personal information (the “Disclosure Requests”) from the person who provided his/her personal information.
Last updated: May 6, 2020