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Box Office Widget Terms and Conditions of Use
Content Publishers and Artists
By signing-up for and using the Box Office Widget (“B.O.W.”) service, you agree to the following terms and conditions:
- You acknowledge this service is used by many artists such as yourself; therefore, you agree to maintain the highest level of professional conduct with your fans/audience, media and press, other members and the B.O.W. staff when using the service, and to not bring disrepute to the B.O.W. community of member-artists which may affect their ability to effectively use the service for their self-distribution needs.
- Fan base information shall be used only for conducting your own marketing and sales activities. You agree not to sell, give, or otherwise make available any data collected through B.O.W. to third parties for any reasons, and without the expressed written permission from B.O.W.
- You agree not to e-mail your fans/audience for any reasons other than communications that related to your project, and that those communications will be developed in professional-like manner, reasonable in length, free from profanity or vulgar images, and free from offense racial, sexual, or religious content. For practical reasons, we will rely upon you, our member, to use your best judgment, so no communication has to be approved by B.O.W. before being sent. In the event of complaints from the recipient of the communication, you agree to cease to send out any more communication until a formal review can be made by B.O.W.
- You agree that in cases where a member of your audience or fan base contacts B.O.W. of objectionable communications, you will submit the communication to B.O.W. for review and abide by its decision to continue or desist from sending out that particular or other similar communication.
- You agree to remove the name and email of any fan or audience who requests their name to be removed within seven days of the request. The request may originate from the fan/audience member or from B.O.W. staff. You will provide B.O.W. with such evidence of removal, if you are requested.
- You agree that in the event of more than two formal review of objectionable communication requested by fans/audience, you agree to submit ALL your intended communication to B.O.W., if requested, in advance before sending out to fan/audience whose data was gathered using the B.O.W. service.
- You acknowledge that at any time B.O.W. can close or suspend your account if we perceive that you are using the service improperly, not following the terms and conditions outlined herein, or sending out objectionable communication without first receiving B.O.W. approval.
- If you download data from B.O.W., you agree to maintain adequate safeguards to make sure such data is secured from theft or unauthorized passing to third parties.
- You acknowledge that B.O.W. keeps a copy of your fans/audience list on its server, and that B.O.W. may conduct direct communication with your fan base/audience as it relates to announcements of B.O.W. policy changes, marketing and sales communication, and/or other business related to its operation. You further agree that B.O.W. does not need to contact you or receive your approval for conducting these communications.
- You acknowledge that the B.O.W. service does not collect information from fans/audience relating to their age, and that it is your burden to make sure your communication or solicitations for fans must comply with appropriate laws and regulations for contacting and selling to minors.
- You acknowledge that using the B.O.W. service does not guarantee any success or outcomes as a result of using this service, and that no one from B.O.W., its affiliates, its parent company, or service providers have indicated to you any guaranteed outcome for using the service.
- You acknowledge that the basic B.O.W. account you have is being provided free of charge until you upgrade to premium service, and that some time in the future B.O.W. may change its pricing policy to charge for the basic B.O.W. account. At that time, you may elect to keep or close the account.
- You acknowledge that despite our best efforts, sometimes the B.O.W. service may be unavailable due to software, network, or other operational issues, and that you will not claim monetary or other damages against B.O.W. as a result of such loss of service or loss of data.
- You agree that the limit of monetary liability you will claim against B.O.W. for damages arising out of using the service or data from the service is limited to the amount B.O.W. charged you for using the service. You agree not to make any claims for over that amount.
- You agree to maintain your account by logging-in at least one times every three months (per quarter year). You acknowledge that failure to log-in to manage your fan base and audience may result in your account being closed and data deleted.
- You agree not to upload any mailing lists, names or email information that was obtained without the expressed consent of the name-holder or email-holder. Meaning you agree not to upload spam lists or other such lists that were obtained from sources where the name-holder and email-holder was not granted permission to opt-out. It is your responsibility to ascertain proof from the list provider if their lists meet this criteria.
- In the event of dispute, you agree to settle the matter in mediation and/or binding arbitration to be held in Los Angeles, California. You acknowledge that the terms and conditions her are governed by the state of California.
- You agree that in the event that any term or condition herein is found to be invalid by a court of law, the other terms not found to be invalid will still govern to your usage of the service.
- B.O.W. reserves the right to make changes to these terms and condition at any time, with or without notifying members
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