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3.2 In view of the nature of services provided there are no charges for packing or carriage. 3.3 Our prices are reviewed periodically and the next review will be on 01/09/2008. 3.4 Because the pixels are sold in blocks, please ensure you order the correct quantity of blocks when ordering. One block is 100 pixels.
3.6 You are purchasing a pixel advertisement on the main page lasting for 12 months. 3.7 Pages on the Boogami.com sites will be monetized by google ad sense and Yahoo advertising. Any revenues arising from such advertisements will fall due to Allyouneedhere.com Limited.
4.1 If you wish to cancel your subscription you can notify us by email to info@Boogami.com before the pixel block advertisement has been accepted by us and put on the main page. 4.2 The price that you pay at the time you buy your pixel advertisement is final and cannot be refunded once the pixel block advertisement has been put on the main page. 5. Conduct and appropriate content 5.1. You must not use the Websites for any illegal or unauthorized purpose. 5,2. You are solely responsible for your conduct and any data, text, information or graphics, links and other content ('Materials') that you submit, post, and display on the Boogami.com Websites Service. 5.3 We may, but shall have no obligation to, remove materials that we determine in our sole discretion are unlawful, fraudulent, threatening, defamatory, libellous, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms and Conditions. 5.4 We have no obligation to check the accuracy or truthfulness of any Materials, nor to monitor any Websites users conduct or use of the Service. 5.5 You agree that you have provided and will continue to provide accurate, up to date and complete information about yourself. 6. Conditions for use of the Boogami.com Websites 6.1 You agree to abide by all applicable national and international laws and regulations and are soley responsible for all acts or omission that occur under your account registration. By way of example you agree NOT to : - Publish, distribute and/ or disseminate any harmful, obscene, unlawful, libellous, defamatory, copyright infringing, inappropriate, pornographic, hateful, or racially, ethnically or otherwise objectionable material or information. - Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others - Submit Materials of any third party without such third party's prior written consent, or materials that falsely express or imply that such content has been endorsed by Boogami.com - Create a false or misleading identity or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message. - Distribute content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law. - Use the Service for spamming including the sending of junk e-mail; excessive and repeated posting off-topic messages to groups. This is not an exhaustive list. 6.2 . If your submission is rejected, you will have the opportunity to provide an alternative pixel advertisement. If you cannot provide an alternative within 1 month, your money will not be refunded and you will lose your pixel advertisement. 6.3 If your link is accepted and you later change the content of the linked site to show offensive/obscene/adult/illegal material then your pixel advertisement will be removed, the space will become publicly available again, and you will not get a refund. 7 Proprietary Rights 7.1 Boogami.com does not claim any ownership rights in any content that you submit, post, or display on or through the Boogami.com Websites. After submitting, posting or displaying content on or through the Boogami.com Websites you continue to retain all ownership rights in such content, and you continue to have the right to use your content in any way you choose. 7.2 By submitting, posting or displaying any content on or through the Boogami.com Websites , you hereby grant to Allyouneedhere.com Limited a non-exclusive, irrevocable, royalty free, right in perpetuity to use the material in any way whatever throughout the World in any medium. 7.3 You represent and warrant that: (i) you own the copyright to the content posted by you or otherwise have the right to grant the license set forth in this section, and
(ii) the posting of your content on the Boogami.com Websites does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
8. Copyright & Privacy Policy 8.1 You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. 8.2 If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please contact us at dataprotection@Boogami.com providing full details. 8.3 Other than personally identifiable information, which is covered under the privacy policy , any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. 9. Termination of Service 9.1 If you wish to cancel or terminate your account on the Boogami.com Websites you can do so at any time. To cancel your account please send an email to support@Boogami.com. Please note that refunds are not payable outside the cancellation period specified in clause 4.1 of this agreement. Should you request your image to be removed then the space will become publicly available again and you will not receive a refund. 9.2 We reserve the right to terminate your account immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Boogami.com Websites. 9.3 Although we will not change or remove your pixel advertisements under normal circumstances, we reserve the right to do so under exceptional circumstances such as a court order, lawsuit or public outcry. When a removal happens, the space will be publicly available and you will not receive a refund. 10. Service Access 10.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. 10.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. 11. Links to and from other websites 11.1 All Images used on the homepage must be in GIF, PNG or JPEG format AND not animated. 11.2 Your pixel advertisement links must be to web pages only and begin with http:// 11.3 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. 11.4 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate this Website, and subject to the following conditions: (b) you do not create a frame or any other browser or border environment around this Website; (c) you do not in any way imply that we are endorsing any products or services other than our own; (d) you do not misrepresent your relationship with us nor present any other false information about us; (e) you do not otherwise use any Boogami.com trade marks displayed on this Website without our express written permission; (f) you do not link from a website that is not owned by you; and (g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate. 12. Registration 12.1 To register with http://www.Boogami.com you must be over eighteen years of age. 12.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. 12.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately. 12.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions. 13. Disclaimer 13.1 Whilst we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material. 13.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website. 14. Liability 14.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. 14.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law. 14.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. 14.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details. 15. Governing law and jurisdiction 15.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts. 15.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws. 16.Miscellaneous 16.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions 16.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect. 16.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
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