Terms of Service
Terms of Service
Last Revised: January 20, 2015
THESE TERMS AND CONDITIONS (THE "TERMS") APPLY TO YOUR USE OF THE APP AND THE WEBSITE PROVIDED BY BOXES INC. ("BOXES")..
PLEASE READ THE TERMS CAREFULLY.
BY USING THE APP OR THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU HAVE READ THE TERMS; (II) YOU UNDERSTAND THE TERMS; AND (III) YOU AGREE TO BE LEGALLY BOUND BY THE TERMS.
IF YOU DO NOT AGREE WITH THE TERMS IN THEIR ENTIRETY, YOU MAY NOT USE THE APP OR THE WEBSITE.
Subject to the terms, conditions and limitations set forth in the Terms, BOXES grants you a nonexclusive, non-transferable and revocable license to use the App on any mobile device that you own or control and the Website on any computer that you own or control. The terms of the license will also govern any upgrades provided by BOXES that replace and/or supplement the original App or the original Website, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
You agree not to do, or authorize or permit any third-party to do, any of the following: (i) distribute or make the App available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense the App; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the App, any updates or any part thereof (except as and only to the extent any of these restrictions are prohibited by applicable law); or (iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the App. If you violate any of the restrictions set forth in the Terms, your use of the App and the Website will immediately cease and you will have infringed the copyright and other rights of BOXES, which may subject you to prosecution and damages. BOXES reserves all rights not expressly granted to you in the Terms.
Registration Data & Other Information Provided by You
You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms on the App and the Website ("Registration Data"); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to BOXES, in order to keep it accurate, current and complete; and (iv) accept all risk of unauthorized access to the Registration Data and any other information you provide to BOXES. You represent and warrant that all Registration Data is accurate, current and complete.
The App and the Website are intended solely for users who are 13 years of age or older. Any registration or use of the App or the Website by anyone under the age of 13 is unauthorized, unlicensed and in violation of the Terms. By using the App, you represent and warrant that you are 13 years of age or older.
Consent to Use of Data and Mobile Communications
Terms of Sale
By making a purchase or sale through the App or Website, you hereby confirm that you have read, understand and agree to be bound by the Terms of Sale in effect at the time of your purchase or sale. Please see our terms of sale http://box.es/terms_of_sale of sale for more information.
Third-Party Sites and Services; Third-Party Materials
The App and the Website may provide links to third-party websites, mobile applications, mobile services or other third-party services ("Third-Party Services") and may also display, link to or otherwise make available third-party content, data, information, events, mobile applications or materials ("Third-Party Materials"). BOXES does not endorse or control, and makes no representations or warranties of any kind regarding, any Third-Party Services or Third-Party Materials including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. If you access or use any third-party website, you should be aware that BOXES' terms and policies, including the Terms, no longer govern. You should review the applicable terms and policies including, but not limited to, privacy and data gathering practices, of any third-party website to which you navigate from the App or the Website.
Your use of the App and the Website and your contact, interaction, or dealings with any third-parties arising out of your use of the App or the Website are solely at your own risk. You acknowledge and agree that BOXES is not responsible or liable in any manner for any loss, damage or harm of any sort incurred as a result of your use of the App or the Website.
User Content and Conduct
You are solely responsible for all content you upload to or use with the App or the Website, as well as your conduct and the conduct of anyone using your account. The content you upload to or use with the App or the Website must comply with the user content and conduct rules below. Enforcement of the user content and conduct rules set forth in the Terms is solely at BOXES' discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the App or Website will not contain any content that is prohibited by such rules.
You agree not to upload to, transmit, distribute, store, create or otherwise publish through the App or the Website any of the following:
- User content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
- User content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law;
- User content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
- Private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or user content designed to deceive or trick the user of the App or the Website; or
- Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the App or the Website.
You further agree that you are solely responsible for your conduct with respect to the App and the Website, and you agree that you will not do any of the following in connection with the App or the Website:
- Use the App or the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the App or the Website or that could damage, disable, overburden or impair the functionality of the App or the Website in any manner;
- Flag content or report abuse for improper purposes or without good reason;
- Use the App or the Website for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms or any other rules or polices established from time-to-time by BOXES;
- Create an account or post, store or upload (or otherwise make available ) any content if you are not over 13 years of age;
- Modify, adapt, hack or emulate the App or the Website;
- Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the App or the Website or third-parties; and
- Infringe upon or violate the rights of BOXES, its users or any third-party.
BOXES takes no responsibility and assumes no liability for any user conduct or for any user content posted, stored or uploaded on (or otherwise made available via) the App or the Website, nor is BOXES liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter while using the App or the Website. Your use of the App and the Website is at your own risk.
Although BOXES does not control and has no obligation to screen, edit or monitor any of the user content posted, stored or uploaded on (or otherwise made available via) the App or the Website, BOXES reserves the right, and has absolute discretion, to remove, screen or edit any user content posted, stored or uploaded on the App or the Website at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any user content you post, store or upload on (or otherwise make available via) the App or the Website at your sole cost and expense. Any use of the App or the Website in violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use the App and the Website. You understand and agree that the use of your or another user's name, likeness, voice or identity in connection with various features on the App or the Website does not imply any endorsement of such feature or of the App or the Website unless explicitly stated otherwise.
Except for any feedback you provide with respect to the App and the Website or any of BOXES' products and services or as specifically provided otherwise in the Terms or in a separate agreement between you and BOXES, you retain ownership of the user content you post, store or upload on (or otherwise make available via) the App or the Website. However, if you post, store or upload user content on (or otherwise make available via) the App or the Website, you grant BOXES and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such user content throughout the world in any manner or media, on or off the App or the Website. You represent and warrant that: (i) you own and control all of the rights to the user content that you post, store or upload on (or otherwise make available via) the App or Website or you otherwise have the right to make available such user content via the App or the Website and grant the rights granted in the Terms; (ii) the user content that you post, store or upload on (or otherwise make available via) the App or the Website is accurate and not misleading; and (iii) BOXES' use and making available the user content you supply does not violate the Terms and will not violate any rights of or cause injury to any person or entity.
The App and the Website contain the valuable proprietary content of BOXES and its licensors and is protected by copyright and other intellectual property laws and treaties. You agree not to use the App or the Website except in its intended manner in accordance with the terms and conditions of the Terms.
Termination or Modification of App
BOXES reserves the right to change, suspend, remove, discontinue or disable access to the App and the Website at any time and without notice. In no event will BOXES be liable for the removal of or disabling of access to any portion or feature of the App or the Website.
Termination of Terms
If you breach any of the terms or conditions of the Terms or BOXES discontinues the App or the Website, the Terms will automatically terminate. In the event of the termination of the Terms for any reason: (i) the license granted to you in the Terms will immediately terminate; and (ii) you must immediately cease all use of the App and the Website and destroy or erase all copies of the App in your possession or control. All of the sections of the Terms will survive any termination except the License section and the Consent to Use of Data and Mobile Communications section. Any use of the App or the Website after termination is unlicensed and is in violation of the copyright and other rights of BOXES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP OR THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BOXES DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE TERMS, THE APP, THE WEBSITE, ALL PRODUCTS AND SERVICES, USER CONTENT, THIRD-PARTY SERVICES, THIRD-PARTY MATERIALS AND ANY PRODUCTS AND/OR SERVICES YOU OBTAIN THROUGH THE USE OF THE APP AND THE WEBSITE, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT BOXES KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. BOXES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APP AND THE WEBSITE WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE APP WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY BOXES OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
You agree, at your sole expense, to defend, indemnify and hold us, our service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; (ii) your violation of the Terms or the rights of any third-party; or (iii) any user content.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL BOXES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE APP, THE WEBSITE, USER CONTENT, THIRD-PARTY SERVICES THIRD-PARTY MATERIALS AND/OR AND ANY PRODUCTS YOU OBTAIN THROUGH THE USE OF APP OR THE WEBSITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF BOXES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL BOXES' TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APP OR THE WEBSITE EXCEED THE FEE FOR THE APP (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE, THE COST TO PURCHASE AND OPERATE YOUR DEVICE, THE COST OF ANY PRODUCTS PURCHASED VIA THE APP OR THE WEBSITE).
BOXES takes intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, and other applicable law, BOXES has adopted a policy of terminating, in appropriate circumstances and at BOXES' sole discretion, subscribers or account holders who are deemed to be repeat infringers. BOXES may also, at its sole discretion, limit access to the ""APP or the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. BOXES will respond to claims of copyright infringement committed using the App or the Website (collectively, the "BOXES Sites") that are reported to BOXES' Designated Copyright Agent, identified in the sample notice below.
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the BOXES Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to BOXES' Designated Copyright Agent. Upon receipt of the Notice as described below, BOXES will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the BOXES Sites.
DMCA Notice of Alleged Infringement ("Notice"):
- Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Sites where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice: (i) "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)"; and (ii) "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to BOXES' Designated Copyright Agent:
c/o Boxes DMCA Notice of Alleged Infringement notification
34 NW 3 Ave
Homestead, FL 33030
You may not use or otherwise export or re-export the App or the Website except as authorized by United States law and the laws of the jurisdiction in which the App or the Website was obtained. In particular, but without limitation, the App and the Website may not be exported or re-exported: (i) into any U.S. embargoed countries; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the App and the Website, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App or the Website for any purposes prohibited by United States law including, but not limited to, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.
US Government Rights
The App, the Website and related documentation are "Commercial Items", as that term is defined in 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end-users: (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end-users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.
BOXES reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the App or the Website, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions via the App and the Website, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the App or the Website following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the App and the Website. If you do not agree to the amended Terms, you must stop using the App and the Website.
Governing Law; Venue
The laws of the State of Delaware, excluding its conflicts of law rules, govern your use of the App and the Website. Your use of the App and the Website may also be subject to other local, state, national, or international laws. You agree that any action at law or in equity arising out of or relating to the App or the Website or the terms will be filed only in the state and federal courts located in Miami-Dade County, Florida, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the App or the Website (including, but not limited to, your use of the App and the Website).
Notwithstanding any terms to the contrary in the Terms, the following additional terms will apply to the download of the App for use on the iPhone, iPod Touch or iPad:
You and BOXES acknowledge that the terms are solely between you and BOXES, and not with Apple, Inc. ("Apple"), and BOXES, not Apple, is solely responsible for the App and the content contained within the App. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App. In the event of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Service and the terms and conditions of the Terms, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will govern if they are more restrictive.
Scope of License
The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
Maintenance and Support
BOXES is solely responsible for providing maintenance and support services with respect to the App. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of BOXES. However, you understand and agree that in accordance with the Terms, BOXES has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App, except those implied by law.
You and BOXES acknowledge and agree that as between Apple and BOXES, BOXES, not Apple, is responsible for addressing any of your claims or any third-party claims relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights
You and BOXES acknowledge and agree that, in the event of any third-party claim that the App or your possession and use of the App infringes that third-party's intellectual property rights, BOXES, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under the Terms.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address
Any end-user questions, complaints or claims with respect to the App or the Website should be directed to:
The parties acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of the Terms against you as a third-party beneficiary thereof.