Bootifull Productions and Bootifull.com Legal / Privacy Notices
As of January 1, 2004

Privacy Statement for Bootifull.com / Bootifull Productions

Bootifull.com (the "Site") is committed to providing a secure experience and safeguarding your personal information. This Privacy Statement was created to explain why we collect particular information and how we will protect your personal privacy within our Web site. We reserve the right to change this policy at any time, and will post any new privacy policy here. By using or navigating around the Site or utilizing any of the services we provide here, you acknowledge that you have read and understand and agree to be bound by this Privacy Statement. If you do not agree to be so bound, do not remain on the Site.

Contact Information. Some areas of our Site request or require you to provide your contact information (such as your name and email address). Your contact information may be used to communicate with you when necessary with respect to transactions conducted through the Site and material changes in the Site’s policies. We may also send you information about our company and/or promotional materials from the Site and some of our partners. We will not sell, share or rent any contact information collected from you except as disclosed in this Privacy Statement. All contact information provided to the Site is maintained on secure servers.

Financial Information. We collect financial information (such as your credit card information) on an as-needed basis to bill you for products and services you purchase through the Site and to fulfill your orders. If we have trouble processing an order, the contact information discussed above will be used to get in touch with you. We will not sell, share or rent any financial information collected from you except as necessary to fulfill your order. All financial information provided to the Site is maintained on secure servers.

Internet Protocol Address. We collect an IP address from all visitors to our Site. We use your IP address for purposes of traffic analysis.

Third Party Service Providers. We sometimes use third party vendors and service providers to manage certain aspects of the services we provide, such as maintaining our servers and processing or fulfilling orders for products and services you purchase through the Site. In those instances, your contact and financial information may either be collected by or shared by us with such third party service providers as necessary to fulfill your requests and, in some cases, your information may be retained by such third party service providers for their records. We generally require that such third party service providers agree to safeguard your information with at least the same level of protection as afforded by our Privacy Policy.

Other. We may disclose your personal information in special cases if required to do so by law, court order or other government or law enforcement authority; or when we believe in good faith that disclosing this information is otherwise necessary or advisable, including, for instance, to identify, contact or bring legal action against someone who may be causing injury to or interfering with the rights or property of Bootifull Productions, another user or anyone else that could be harmed by such activities.

Security. We are committed to maintaining the security of your personally identifiable information and have measures in place to protect against the loss, misuse and alteration of the information under our control. All credit transactions occur in a secure area of the Site using Secure Sockets Layer ("SSL") software to process orders. SSL encrypts the information you input on the Site. In addition, all user information is stored in a secure location behind a firewall with limited administrative access.

Public Forums. This Site makes available chat rooms, forums, message boards, and/or news groups to our users. Please remember that any information that is disclosed in these areas becomes public information. You should exercise caution when deciding to disclose your personal information.

Third Party Links. The Site contains links to other World Wide Web Internet sites, resources and sponsors of Bootifull.com. Selection of an ad banner or link will redirect you off of the Site to a third party Web site. Bootifull.com is not responsible for the privacy practices of such sites. You should make sure that you read and understand the privacy policies of these sites and direct any concerns regarding any external link to the site administrator or Webmaster of that third party Web site.

Delete/Deactivate: This Site gives users the following options for removing their information from our database, to not receive future communications or to no longer receive our service:

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Copyright Notice

Copyright © 2000-2008 Bootifull Productions & Bootifull.com, All rights reserved. The material on this site may not be reproduced and may not be distributed, publicly performed, proxy cached on AOL or otherwise used, except with the prior express permission of Bootifull Productions & Bootifull.com. (alternatively referred to as "We," or "Us").

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Requesting Reproduction Permissions

No material found or located on the Bootifull.com or other Bootifull Productions web sites may be reproduced or used for commercial purposes without prior written permission of Bootifull Productions. You may write or email the Rights and Permissions Department of Bootifull Productions.

Bootifull Productions
Attention: Rights and Permissions
1223 Rainier Ave
Pacifica , CA 94044

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BOOTIFULL.COM TERMS OF SERVICE

1. The subscriber hereby warrants and represents that he or she is over the age of 18, and in all respects is qualified and competent to enter into this agreement by answering yes or entering this agreement the intended subscriber releases Bootifull.com of all liability from a fraudulent claim.

2. By becoming a member of this or any other sites held or administered to by Bootifull Productions (the "Service"), you become a Subscriber and agree to be bound by this Agreement (the "Agreement"). This agreement is subject to change by the service at any time, and changes are effective upon notice to each Subscriber.

3. Some or all of the following fees and charges may be incurred by the Subscriber:
   • Subscription fees. The subscriber is responsible for paying periodic subscription fees according to the then-current billing terms.
   • Subscription fees are non-refundable.

4. Unless and until this agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes the "Service" to charge subscriber's credit card (or other approved facility) to pay for the ongoing cost of membership. Subscriber hereby further authorizes the "Service" to charge Subscriber's credit card (or other approved facility) for any and all purchases of products, services and entertainment provided by Bootifull Productions. Membership may not be assigned or transferred to any other person or entity. Subscriber must promptly inform Bootifull Productions of the following: changes in the expiration date of any credit card used in connection with the Service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until the service is notified, by e-mail at a breach in security, the Subscriber will remain liable for any unauthorized use of the Service. Upon request, Subscribers will be given access to billing records that support charges for use of the Service.

5. Payment for the appropriate services may be made by automatic credit card debit. Members will be automatically renewed for the original term upon expiration, (EACH subscriber is responsible for cancelling his or her OWN account on the page they joined from! ) unless the service is notified via email, along with your Username, Password, AND Transaction Number, 48 hours prior to membership expiration.

6. Subscription to the Service may be terminated at any time, and without cause, by either Bootifull Productions or the Subscriber upon notification of the other by electronic mail. When termination is requested by a member, subscription fees are NOT refunded. Subscribers are liable for charges incurred by them until termination of service.

7. Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of the Service is through a combination of an ID and a password. Each Subscriber must keep his password strictly confidential. Remember your password! For security reasons, the service will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Service is a breach of this Agreement and a violation of law, and will be prosecuted to the fullest extent of international trade commission Law.

8. Any liability of the service including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause or action, shall be strictly limited to the amount paid by or on behalf of the subscriber to the service for the preceding 12 months. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

9. No warranty is made by the service regarding any information, services, or products provided through or in connection with the Service, and the service hereby expressly disclaims any and all warranties, including without limitation:1) any warranties as to the availability, accuracy, or content of information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

10. Except for public domain material and electronic messages, all material displayed on the Service is copyrighted by Bootifull.com / Bootifull Productions. and may not be copied, redistributed, or downloaded, in whole or in part, without the prior written consent.

11. The material on the Service is for the private, non-commercial enjoyment of Subscribers only. Any other use is prohibited.

12. The Service enables Subscribers to share information with other Subscribers. Subscribers agree not to submit, publish, or display on the Service any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any federal, state, or local law, is prohibited and is a breach of this Agreement and shall be prosecuted forthwith.

13. Subscribers agree not to engage in advertising to, or solicitation of other Subscribers to buy or sell any products or services through the Service without prior written consent. Subscribers are responsible for information they send, or display through the Service even if a claim should arise after termination of service.

14. There are no facilities provided by the Service for sending or receiving private or confidential electronic communications. All messages shall be deemed to be readily accessible to the general public. Do not use the Service for any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Service can and may be read by the operators of the Service, whether or not they are the intended recipient(s).

15. Notices by the service to Subscribers may be given by means of electronic messages through the Service, by a general posting on the service, or by conventional mail. Notices by Subscribers may be given by electronic messages unless otherwise specified in the Agreement.
    • All questions regarding new membership by means of electronic message should be sent to Customer Service

16. This Agreement contains the entire agreement between the Subscriber and the service regarding the use of the Service, and supersedes all prior written and oral understandings and writings, and may only be amended upon notice by the service to Subscribers. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its terminations .

IMPORTANT! PLEASE READ CAREFULLY. These Terms of Service are a legal agreement between you and Bootifull.com web site. (alternatively referred to as "Bootifull Productions," "We," or "Us") and spell out the terms and conditions to which users of the Bootifull.com Web site (the "Site") are expected to adhere. Please read it carefully before using the Site, because by clicking "I Agree" or by using the Site, you agree to be bound by its terms as well as the terms of our Privacy Statement which is hereby incorporated by reference into these Terms of Service. If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not use this Web site. We reserve the right to amend these Terms of Service at any time and will post the amended Terms of Service here.

1. The contents of the Bootifull.com ("the Service") are intended for the personal, noncommercial use of its users. All materials published on the Site (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips (collectively, the "Content") are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by Bootifull.com & Bootifull Productions or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Service.
2. The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth in Section 1 of these Terms of Service, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, de-compile or dissemble, or in any way exploit, any of the Content, software, materials or Service in whole or in part.
3. You may download or copy the Content and other downloadable items displayed on this Service for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the Rights and Permissions Department, or the copyright holder identified in the individual Content’s proprietary rights notices.
4. You agree that any information, feedback, questions, comments and/or submissions to any of the Public Forums (as discussed below) or the like that you provide to us in connection with this Site or our Services ("Submissions") will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in any materials uploaded by you.
5. If you believe that the content of any Submission provided by you has been used on the Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (email is sufficient) that includes the following information:

Our Copyright Agent for notice of claims of copyright infringement on this Site is:

By email:
copyright@BootifullProductions.com

4. REPRESENTATIONS AND WARRANTIES

1. You represent, warrant and covenant (a) that no materials of any kind submitted by you or Bootifull.com & Bootifull Productions use thereof in accordance with the terms and conditions of these Terms of Service, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old. You hereby indemnify, defend and hold Bootifull Productions and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. Bootifull.com & Bootifull Productions reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of Bootifull Productions without Bootifull Productions prior written approval.
2. Bootifull.com & Bootifull Productions neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. THE SITE, THE SERVICE, THE ACCESS SOFTWARE (DEFINED HEREIN) AND ANY MATERIALS PROVIDED BY BOOTIFULL PRODUCTIONS OR THIRD PARTIES THROUGH THE SITE AND THE SERVICE ARE PROVIDED "AS IS." BOOTIFULL PRODUCTIONS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SERVICE. BOOTIFULL PRODUCTIONS DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES AVAILABLE THEREIN WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE.
3. You hereby acknowledge that the use of the Site and the Services available therein is at your sole risk.

5. Limitation of Liability

1. BOOTIFULL PRODUCTIONS SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SERVICE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY BOOTIFULL PRODUCTIONS OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF BOOTIFULL PRODUCTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.
2. To the fullest extent permissible under applicable law, Bootifull Productions’s aggregate liability, and the aggregate liability of our licensors, to you or any third parties in any circumstance is limited to One Hundred U.S. Dollars ($100).

7. System Integrity

1. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on the Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized service.

8. TERMINATION

1. Bootifull.com & Bootifull Productions may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of the Service for any or no reason, including, without limitation, breach of these Terms of Service or the repeated infringement of copyrights owned by third parties.
2. Bootifull.com & Bootifull Productions, including, without limitation, its authorized agents and employees may terminate your use of the Site without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting any Bootifull.com event or (ii) attempting to alter or improperly access any feature or function of the Site. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of the Site or Bootifull Productions employee; post content (including, but not limited to, the creation of user names) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a Bootifull Productions employee or other individual.

9. Risk of Loss

1. All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.

11. MISCELLANEOUS

1. This Agreement has been made in and shall be construed and enforced in accordance with California law without regard to any conflict of law provisions. Bootifull Productions makes no representation that the Content in this Site is appropriate for access outside of the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this agreement shall be brought in the federal or state courts located in California.
   
2. These Terms of Service, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and Bootifull Productions with respect to your access and use of the Site and Services and supercede all prior or contemporaneous agreements (whether oral, written or electronic) between you and Bootifull Productions with respect to this Site or Services. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Bootifull Productions may assign these Terms of Service (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of Bootifull Productions or (iii) in connection with the sale of this Site or the business unit associated with this Site.

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