AGREEMENT BETWEEN USER AND Punchbowl, Inc.
"Punchbowl" is comprised of various Web pages operated by Punchbowl, Inc. located at https://www.punchbowl.com.
Punchbowl is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Punchbowl constitutes your agreement to all such terms, conditions, and notices. When you create an account at Punchbowl, you accept these terms and conditions.
LINKS TO THIRD PARTY SITES
Punchbowl may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Punchbowl, Inc. and Punchbowl, Inc. is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Punchbowl, Inc. is not responsible for any other form of transmission received from any Linked Site. Punchbowl, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Punchbowl, Inc. of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Punchbowl Web Site, you warrant to Punchbowl, Inc. that you will not use Punchbowl for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Punchbowl in any manner which could damage, disable, overburden, or impair Punchbowl, Inc. or interfere with any other party's use and enjoyment of Punchbowl. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Punchbowl.
Punchbowl reserves the right, but does not assume the responsibility, to monitor or review your conduct on Punchbowl. Your use of Punchbowl is subject to all applicable local, state, national and international laws and regulations.
In using Punchbowl you agree not to:
Post, transmit, or otherwise make available, through or in connection with Punchbowl:
- Anything that is or may be (a) unlawful, threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory; libelous or invasive of another's privacy; (c) fraudulent or tortious; (d) vulgar, obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense, including prostitution; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
- Any virus, worm, Trojan Horse, easter egg, time bomb, spyware, cancelbot, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme", survey, contest, or investment opportunity, or any other form of solicitation, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise).
- Any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
- Any Materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Impersonate any person or entity, including without limitation any of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make.
- Interfere with or disrupt the operation of Punchbowl or the servers or networks used to make Punchbowl available; or violate any requirements, procedures, policies or regulations of such networks.
- Use Punchbowl to distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services without our express prior written consent; or use Punchbowl in a commercial manner.
- Attempt to gain unauthorized access to Punchbowl, other accounts, computer systems or networks connected to Punchbowl, through password mining or any other means.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Content or Materials from Punchbowl or reproduce or circumvent the navigational structure or presentation of Punchbowl.
- Engage in any other conduct which, in Punchbowl's sole discretion, is considered inappropriate, unauthorized or objectionable.
You agree not use any feature of Punchbowl for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Punchbowl . If you use any feature of Punchbowl for the purpose of sending Spam, your right to use Punchbowl immediately terminates and Punchbowl reserves the right to seek appropriate legal recourse, as necessary. You agree that Punchbowl may, at its sole discretion, immediately remove any communications that it reasonably believes constitutes "Spamming," including removal of any contact information related thereto. If you believe that others are using Punchbowl for spam purposes, please notify us by emailing Punchbowl at email@example.com. Please note that by posting a public event you are consenting to receive, and authorizing Punchbowl to forward to you, emails from other users. Such messages are not included in the above definition of Spam.
USE OF COMMUNICATION SERVICES
Punchbowl may contain message board services, chat areas, news groups, forums, communities, personal web pages, one-to-one messaging, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Punchbowl, Inc. has no obligation to monitor the Communication Services. However, Punchbowl, Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Punchbowl, Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Punchbowl, Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Punchbowl, Inc.'s sole discretion.
MATERIALS PROVIDED TO Punchbowl, Inc. OR POSTED AT ANY Punchbowl, Inc. WEB SITE
Punchbowl, Inc. does not claim ownership of the materials you provide to Punchbowl, Inc. (including feedback and suggestions) or post, upload, input or submit to Punchbowl or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Punchbowl, Inc., its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Punchbowl, Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Punchbowl, Inc.'s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Extra, Advanced, Preferred, Plus, Premium, Platinum, and Business are paid versions of Punchbowl. When purchasing a paid membership you can choose to be billed according to the subscription period selected. Your membership will renew based on the subscription period selected at purchase. Your membership will auto-renew every period unless canceled prior to the next billing date. It is your responsibility to promptly provide Punchbowl, Inc. with any contact or billing information changes or updates (including, address, credit card number, etc). New features will be added to the paid versions of Punchbowl on a regular basis. Some features may become free at the sole discretion of Punchbowl, Inc.
The Punchbowl Vendor Connect service allows a user to list their Business on Punchbowl.com. Vendor Connect users acknowledge the following: Punchbowl.com will not endorse you or your products or services. We are not responsible for assisting you in reaching potential customers. Any transaction you enter into with your customer is strictly between you and the customer, and Punchbowl is not a party to this transaction. You agree to not use the Service to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) impersonate any person or entity, including, but not limited to, a Punchbowl employee or administrator, or falsely state or otherwise misrepresent your affiliation with a person or entity; and (c) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
If Punchbowl has reasonable grounds to suspect that your Vendor listing is in violation of these terms, Punchbowl has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Payments made for a Professional listing are a one-time payment that activates your enhanced listing on Punchbowl. If you're not completely satisfied with your Vendor Connect enhanced listing, contact us within the first 30 days and we will refund your activation payment.
Gift Cards and related Products, whether they are physical or electronic, may be selected and purchased on the Site ("Gift Card Products"). When you have completed and paid for your order, Punchbowl, Inc. will produce the Gift Card Products you have selected and send them to the recipients specified by you. The pricing for Gift Card Products is stated in U.S. dollars. Please note that prices and processing fees may change from time to time; the price charged to you will be the price set forth on the Site at the time you place your order. Please place and complete your order carefully. Once purchased, there are no returns, refunds or cancellations of Gift Card Products. Once your order has been placed, any and all processing fees are not refundable. If you have any questions or problems with your order or the order has not been received within the expected timeframe, please contact us immediately at firstname.lastname@example.org. Please include your order confirmation number in all communications.
Amazon.com Gift Cards ("GCs") sold by Punchbowl, Inc. an authorized and independent reseller of Amazon.com Gift Cards. Except as required by law, GCs cannot be transferred for value or redeemed for cash. GCs may be used only for purchases of eligible goods on Amazon.com or certain of its affiliated websites. For complete terms and conditions, see www.amazon.com/gc-legal. GCs are issued by ACI Gift Cards, Inc., a Washington corporation. ©,®,™ Amazon.com Inc. and/or its affiliates, 2020.
Payment for services is made by credit card in US Dollars and is non-refundable. Punchbowl, Inc. reserves the right to cancel your membership or Gift Card Product in the case of non-payment or invalid credit card. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Member. If payment is not current, Punchbowl, Inc. may immediately cease to provide any and all Deliverables to the Member. You must notify Punchbowl, Inc. about any billing problems or discrepancies within 90 days after charges first appear on your statement. If it is not brought to the attention of Punchbowl, Inc. within 90 days, you agree to waive your right to dispute such problems or discrepancies.
TEXT MESSAGING SERVICES
As part of the Services, you are able to send short message service ("SMS") to your guests through the Services. You must have permission from each Recipient before you send any Messages to such Recipient through the Services. If you do not have permission to send messages to a Recipient, you must not send any Messages through the Services to such Recipient.
The Telephone Consumer Protection Act (the "TCPA") may apply to any Messages you send through the Services. You will be responsible for complying with the TCPA, all regulations promulgated under the TCPA, and with any applicable state laws. You may not use the Services to send Messages to telephone numbers that may not legally receive such Messages under the TCPA and/or applicable state law.
To stop receiving text messages at any time, text STOP. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
For help, email email@example.com
You agree to indemnify and hold harmless Punchbowl, Inc., and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of and access to Punchbowl, your violation of the TOS, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.
By visiting https://www.punchbowl.com you agree to submit to the personal and exclusive jurisdiction of the courts of Middlesex County, Massachusetts.
MERGER OR ACQUISITION
It is possible that the services and/or related assets of Punchbowl, Inc. might be acquired as part of a merger or acquisition. In such an event, you understand and agree that Punchbowl, Inc. may assign its rights under these Terms and that your personal information may be transferred to the succeeding entity.
Punchbowl AND THE Punchbowl, Inc. COLLECTION OF WEBSITE SERVICES AND CONTENT ARE PROVIDED "AS-IS" WITHOUT EXCEPTION.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH Punchbowl MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Punchbowl, Inc. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO Punchbowl AT ANY TIME.
Punchbowl, Inc. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON Punchbowl FOR ANY PURPOSE. Punchbowl, Inc. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Punchbowl, Inc. reserves the right, in its sole discretion, to terminate your access to Punchbowl and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws the laws of the Commonwealth of Massachusetts, United States of America, without regard to its conflict of law provisions. You agree any action at law, or in equity arising out of, or relating to these Terms and Conditions shall be filed only in the state or federal courts in Suffolk County, Boston, Massachusetts, United States of America in all disputes arising out of or relating to the use of Punchbowl.
Use of Punchbowl is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Punchbowl, Inc. as a result of this agreement or use of Punchbowl. Punchbowl, Inc.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Punchbowl, Inc.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of Punchbowl or information provided to or gathered by Punchbowl, Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Punchbowl, Inc. with respect to Punchbowl and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Punchbowl, Inc. with respect to Punchbowl. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of Punchbowl are copyright 2020, Punchbowl, Inc. and/or its suppliers. All rights reserved. The names of actual companies and products mentioned on Punchbowl may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Unless otherwise noted, all materials, including, but not limited to names, logos, images, text, illustrations, designs, icons, photographs, characters, video clips and written and other materials that appear on this site (collectively, the “Contents”) are copyrights, trademarks, and/or other intellectual property owned, controlled or licensed by Punchbowl, one of its affiliates or by third parties who have licensed their materials to Punchbowl, and are protected by U.S. and international copyright laws. You may not reuse, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale or exploit in any manner, in whole or in part, any of the Contents.
Punchbowl, Inc. reserves the right to change the terms, conditions, and notices under which Punchbowl is offered. The effective date will be posted at the top of this agreement if any changes are made to the agreement.