Introduction

Thank you for using BoonEx services! These terms of service ("Terms") govern your access to and use of BoonEx ("we" or "our") websites and services ("Services"). Before using any of the BoonEx services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms.

Short summaries ("Recaps") are added after each section as a short explanation for your convenience. Recaps are not legally binding.

Acceptance of Terms

By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization. It is your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with BoonEx and are not barred under any applicable laws from doing so. The Services may continue to change over time. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.

Recap: By using BoonEx Services you agree to the these Terms.

Registration

As a part of using Services, you may be required to open an account with BoonEx and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your BoonEx account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your password and are solely responsible for any activity using your account, whether or not you authorized that activity. Services are available only to individuals who are at least 13 years old.

Recap: If you create a member account at BoonEx, you need to keep your information current, your password secure and not violate anyone's rights.

Conduct

All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not BoonEx are entirely responsible for all Content that you post, or otherwise submit to BoonEx sites. BoonEx does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable. BoonEx does not necessarily endorse, agree with or condone any activity, opinion or claims present in user submitted Content.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by BoonEx. By way of example, and not as a limitation, you agree to not use the Services:

  • To abuse, harass, threaten, impersonate or intimidate any person;
  • To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
  • To post any swear words (or acronyms containing swearing) or foul language, especially in attempt to insult any other person;
  • For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
  • To participation in the collection of e-mail addresses, user names, or other identifiers of others without their prior consent;
  • To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any BoonEx user;
  • To create or transmit unwanted "spam" to any person or any URL;
  • To create multiple accounts for the purpose of voting for or against users’ photographs or images;
  • To post copyrighted Content which doesn’t belong to you, without proper permission from Content owner;
  • To artificially inflate or alter vote counts, ratings, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
  • To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent or outside of designated parts of BoonEx Services, such as BoonEx Market and BoonEx Jobs;
  • To promote or sell Content of another person;
  • To sell or otherwise transfer your account;

You are solely responsible for your interactions with other users of the Site. BoonEx reserves the right, but has no obligation, to access your internal communication Content to monitor disputes between you and other users.

Advertising is permitted when posted in the areas of BoonEx site specifically designated for commercial advertising (i.e. BoonEx Market and BoonEx Ads.) and in compliance with terms and content requirements of these areas.

Recap: Don't spam. Don't violate copyrights. Don't insult or defame others. Don't trick ratings.

Copyrights

BoonEx will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes a Copyright Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.

If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content.

When posting any copyrighted Content it is your responsibility to adequately declare ownership and terms of use of such content. It is also your responsibility to detect any infringements of your Copyrights and report them to BoonEx.

Posting any content to BoonEx sites does not alter copyrights of original content.

Recap: Don't violate copyrights. Track and report violations. We will do our best to protect original copyrights.

Premium Services

BoonEx provides premium services to "Premium" accounts. In addition to the general terms and conditions provided for by these Terms, the following terms and conditions apply specifically to premium account holders:

Services available to premium account holders are described on the account Upgrade page. Any feature that is not described on the account Upgrade page cannot be grounds for refund of Premium account fees.

BoonEx may modify, suspend or discontinue Services provided to premium account holders at any time at its sole discretion and without prior notice.

Any refund owing to you will be paid within 30 days of the termination date provided your request for termination included your username and full name as it appears in your PayPal account or on your credit card. Refunds are generally pro-rated and require a reasonable claim.

Recap: Premium account Services may change anytime. We may refund your subscription fee upon request.

Market

If you choose to use the BoonEx Market ("Market") the following terms and conditions apply in addition to the general Terms.

BoonEx Market is a Service provided by BoonEx that allows sellers ("Vendors") to post products and advertise services for sale to other users ("Customers").

Any disputes regarding arrangements between the Customers and Vendors of any type of products and services remain solely between Buyers and Sellers. We are not involved in any transactions between You and any other users of the BoonEx Unity web site. You acknowledge and agree that BoonEx will not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. If you have a dispute with any other users of the Site, you hereby release BoonEx from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute.

You may terminate your Market listings at any time in your sole discretion. BoonEx may remove your Market listings at any time for any reason or no reason. Removal of listings does not release Vendors or Customers from any contractual responsibilities connected to their use of BoonEx Market.

Posting any products or service advertisements to market constitutes a "Vendor" status. Vendors must read and agree to Market Terms (http://www.boonex.com/trac/dolphin/wiki/MarketTerms) before submitting any materials to BoonEx Market.

Recap: Vendors need to agree to Market Terms. BoonEx is not responsible for any issues between Vendors and Customers.

Jobs

If you choose to use the BoonEx Jobs ("Jobs") the following terms and conditions apply in addition to the general Terms.

BoonEx Jobs is a Service provided by BoonEx that allows service providers ("Vendors") to post offer custom support and development services to other users ("Customers").

Any disputes regarding arrangements between the Customers and Vendors of any type of products and services remain solely between Buyers and Sellers. We are not involved in any transactions between You and any other users of the BoonEx Unity web site. You acknowledge and agree that BoonEx will not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. If you have a dispute with any other users of the Site, you hereby release BoonEx from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute.

You may terminate your Job offers at any time in your sole discretion. BoonEx may terminate your Job Offers or Bids at any time for any reason or no reason. Removal of Offers or Bids does not release Vendors or Customers from any contractual responsibilities connected to their use of BoonEx Jobs.

Recap: BoonEx is not responsible for any issues between Vendors and Customers.

Termination

BoonEx may terminate or suspend any and all Services and/or your BoonEx account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your BoonEx account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, download links and submitted Content.

It is your responsibility to remove all Content from your account if required. Upon termination of your account BoonEx may automatically remove all Content posted to your account.

Recap: BoonEx may terminate your account anytime. You may terminate your account anytime or just stop using it.

Moderation

BoonEx may use assistance of selected users by granting them special "Moderator" status. Moderators have special rights and may suspend accounts of other users, hide any submitted Content and send "warnings" of possible suspension.

When provided with special access to otherwise hidden Content, moderator may not use it for personal, commercial, or other unacceptable and/or illegal purposes and must only access the Content for the purposes of Moderation activities.

Recap: Moderators can suspend account and delete Content. Moderators must not violate rights of other users.

Disclaimer

No partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind BoonEx in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. BoonEx shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond BoonEx's reasonable control. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. BoonEx may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of NSW, Austrlia. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

Though we want to provide a great service, there are certain things about the service we can’t promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BoonEx will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BOONEX, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT BOONEX HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Recap: If anything goes wrong, we are not responsible.

Netiquette

Remember your audience — present and future! Be aware that a large audience might see your Content, and your words may come back to haunt you. That audience might potentially include past, present and future employers; staff at your place of study; friends; family; etc. And unlike the spoken word, your Content will exist on BoonEx for a long time.

Challenge arguments, not people. If you absolutely need to attack, do not attack other people, attack their argument — and this does not mean changing "you are an idiot" into "your comments are idiotic". If you take issue with someone else's position, try to explain why you disagree with them in a polite and professional manner, providing suitable supporting evidence as required.

Do not SHOUT. Excessive use of capitalisation and exclamation points (any more than one) is considered shouting and shows that you are unable to adequately express yourself through the use of normal language. Small amounts of capitalisation, when used to emphasise a particular point, is considered acceptable.

Be descriptive, specific, and concise in your postings. This way, your opinion and point is clearly understood and referenced. Remember, people from all over the world read here with English as a second language.

Posting off topic in context of an existing Content entry may result in your post being removed, particularly if your post stands out as being off topic compared to the other posts in the context, or if your post stands to interfere with a line of otherwise on-topic conversation. Note that comments about grammar, spelling, moderation, etc, will be considered off-topic in almost every instance (unless the thread is specifically about grammar, spelling, moderation, etc).

Recap: Be nice and enjoy the ride!

 
 
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