Terms of Service

Effective Date: 21 July 2020

READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING THE BOXMODE TECHNOLOGY AND THE BOXMODE WEBSITE (www.boxmode.com).

Welcome to Boxmode!

Boxmode (“we,” “us,” “our”) is designed to help you create your own online projects using the Boxmode Technology and the Boxmode Platform.

Users (“User,” “you,” “your”) are referred to as:

  • Project Creators”: users who create, manage, and operate one or more Projects on the Boxmode Platform.
  • Users”: all end users of the Boxmode Platform, including Project Creators, third parties, and any unregistered users or website visitors.
  • Users must be at least 16 years of age or at least the age of majority in the jurisdiction where you reside and from which you access the Boxmode Platform and the Boxmode Technology.

These Terms of Service, the Privacy Policy, and additional terms and guidelines by Boxmode, which apply to the Boxmode Technology (the “Terms”), describe and stipulate the provisions which govern and regulate the legal relationship between You and Boxmode and constitute a binding and enforceable legal contract.

IMPORTANT – Beta Version:

THIS IS A BETA VERSION BOXMODE PLATFORM OFFERED BY BOXMODE, INC. AND PARTICIPATION IN ANY BETA VERSION BOXMODE PLATFORM IS GOVERNED BY THESE TERMS OF USE (THE "TERMS"). THE BETA VERSION BOXMODE PLATFORM MAY CONTAIN ONE OR MORE SERVICES OF BOXMODE PLATFORM AND THE BOXMODE TECHNOLOGY (THE “SERVICES”). IN ORDER TO PARTICIPATE IN THE BETA VERSION BOXMODE PLATFORM AND USE THE SERVICES YOU MUST ALSO AGREE TO THESE TERMS. YOU UNDERSTAND AND AGREE THAT BOXMODE WILL TREAT YOUR USE OF THE SERVICES, INCLUDING BETA VERSION BOXMODE PLATFORM, AS ACCEPTANCE OF THE TERMS “AS IS”.

AS LONG AS YOU COMPLY WITH THESE TERMS, BOXMODE GRANTS YOU A PERSONAL, NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED PRIVILEGE TO ACCESS AND USE THE SERVICES.

You also hereby acknowledge that Boxmode has not made any representations, promises or guarantees that the Services will ever be announced or made available to anyone in the future and that Boxmode has no express or implied obligation to you to announce or introduce the Services. Boxmode may discontinue any Beta Platform or Beta Service at any time, in its sole discretion, with or without notice. With respect to the Services, this subsection shall supersede any other terms and conditions contained herein, but only to the extent necessary to resolve conflict.

  1. You expressly acknowledge that the BETA Version Boxmode Platform is a test product and may contain bugs, errors and other problems that could cause loss of data store in the platform, inconsistent performance and other failures including but not limited to systems crashes, interruptions and data loss. You are advised to use caution and not to rely in any way on the performance and functioning of the BETA Version Boxmode Platform.
  2. THE BETA VERSION BOXMODE PLATFORM AND DOCUMENTATION ARE PROVIDED TO YOU “AS IS” AND TO THE EXTENT AUTHORIZED BY LAW, BOXMODE MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE BETA VERSION BOXMODE PLATFORM OR DOCUMENTATION, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOXMODE ALSO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES RELATING TO NON INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, OR ABILITY TO INTEGRATE BETA VERSION WITH OTHER PRODUCTS OR SERVICES.
  3. YOU EXPRESSLY acknowledge and agree that Beta Version Boxmode Platform provides no compensation, fee, payments or refunds. This is a beta version and Boxmode is free to test the Platform, Services, Technology by whatsoever means on its sole discretion. Any requests from users shall be considered as optional.

GENERAL

The set of products and services that Boxmode provides to You are based on the use of the Boxmode Platform and the Boxmode Technology (“Services”). The Boxmode Services may contain paid features that You choose in your subscription plan. Please read the subscription and payment terms carefully herein.

In the Terms, we use the following definitions:

“Boxmode Platform” is the set of online services and technology applications that enable Project Creators to build online projects.

“Boxmode Technology” is the past, present, and future content of the Boxmode Platform, including all software in any format (including the Platform Code and the Project Code), hardware, products, processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, audio or video material, artwork, graphic material, themes, podcasts, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Boxmode Platform, and all other tangible or intangible materials related to, displayed, performed or distributed on the Boxmode Platform, and the Boxmode Platform itself, including the selection, sequence, “look and feel,” and arrangement of items on the Boxmode Platform, Boxmode website (www.boxmode.com), and all Boxmode Marks (as defined below), domain names, patents, and other intellectual property. Boxmode Technology does not include Your Content or Your Code.

“Content” is all the information and communication that is used in whatsoever form related to the Project, inter alia: (i) any work of authorship in a Project, including comments, recommendations, forums, the information you provide for the purpose of creating a subdomain name, photos, videos, music, sounds, images, text, files, listings, logos, trademarks, postings, messages, tags and other content added to or submitted with any of the foregoing; or (ii) other materials posted on or transmitted through any Project or the Boxmode Platform. “Your Content” is any Content that you submit to a Project or the Boxmode Platform, either as a Member/User or Project Creator (each as defined herein). If you are a Project Creator, Your Content includes the name, logo, trademark, brand features, and other Content that you make available. Content does not include Project Code or Platform Code.

PROJECT

The Boxmode Platform is designed to give Project Creators the freedom to create, manage, and control their own web projects (“Project”).

A Project consists of Content and the software code (i.e., HTML, Javascript, or PHP code) that is interpreted by the Platform Code (as defined below) and used to provide the functionality for the Project (“Project Code”). Project Code consists of Boxmode proprietary code, Third Party Software (as defined below), and may also include or interact with Your Code (as defined below). Project Code expressly excludes Platform Code.

Platform Code” means the proprietary portion of the Boxmode Platform that is used to interpret the Project Code and other services available on the Boxmode Platform.

Projects are created by Project Creators. Project features may include Member profiles, photo sharing, video sharing, music and podcast sharing, and pages, among others. If you are a Project Creator, “Your Project” is a Project created and operated by you on the Boxmode Platform.

We want to give Project Creators as much freedom as possible to create and control the Projects they build on the Boxmode Platform.

Boxmode takes no responsibility for any Content accessible through Your Project, and Boxmode has no obligation to monitor such Content or Your Project. Project Creator is responsible for managing and controlling the Content and Project, as well as all the matters related to the Project.

ACCOUNT

Registration. To fully enjoy the Boxmode Platform and the Boxmode Technology, You need to register a Boxmode account. Once you log in, fill in the respective information, and complete the Boxmode registration procedure, you become a Project Creator and express your acknowledgment and consent to strictly adhere to these Terms.

When registering an account with Boxmode, you guarantee to provide relevant, complete, and accurate information about You and/or your company to the best of your knowledge. You also ensure that you are not a resident of the country from the list of Specially Designated Nationals or other countries under the United States Government's sanctions and embargo programs.

Security. You are responsible for keeping your account credentials and password secure. Account credentials are non-transferable. Boxmode cannot and will not be liable for any loss or damage caused by your failure to maintain the security of your account and password. However, you may be held liable for losses incurred by Boxmode or another party due to someone else using your account credentials, Project Subdomain, or password.

Transfer account. Project Creator may initiate a transfer of their account to any user / third party only with the Boxmode consent following the Boxmode instructions. To do this, the Project creator may contact customer support and follow the instructions from them. Only after Boxmode completes the transfer process, your rights and obligations as a Project Creator under the Terms are assigned.

DOMAIN

Boxmode gives you the flexibility to choose your own subdomain for Your Project (e.g., ”project” in the example: https://project.site.bm or https://project.boxmode.com) (“Project Subdomain“). Boxmode also provides you with the option to use your own domain, which is available in corresponding Boxmode Product Plans (e.g., www.network.com or my.network.com). In addition, Boxmode provides a registration service that allows Users to acquire a custom domain name for their Projects following the procedure of Domain Name Services (as defined below). This option is referred to as domain mapping (“Domain Mapped Projects”). You will be solely responsible and liable for any activity that occurs under Your Project’s Subdomain or on Your Domain Mapped Project. Boxmode maintains ownership of your Project Subdomain and grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable, license solely to use the Project Subdomain on the Boxmode Platform.

When using your custom domain, you guarantee to Boxmode that the domain legally belongs to you, is licensed, or that you are using the domain legally and have entered into respective contracts, registration agreements, and terms. Once your rights to use the domain are no longer valid, you will take the full responsibility to recover the domain rights or to change the domain accordingly. Boxmode will not be in any way responsible for your use of domains.

Once you choose to use your subdomain, you acknowledge that Boxmode cannot guarantee, and is in no way responsible, that the subdomain name you are applying for is not being applied for by another party, that there are no inaccuracies in the WHOIS or other databases, that the search results of available domains are correct, or that there were no errors, omissions, or inaccuracies during the registration or renewal process, which may affect the outcome of your registration or renewal application. You further acknowledge and agree that you are solely responsible for ensuring that your registration or renewal is appropriately processed. Boxmode reserves the right to accept or reject your application for registration or renewal at any time for any reason at its sole and absolute discretion, including, but not limited to, pricing errors, attempts to apply for subdomain names that are prohibited, improper, unavailable, infringing the 3rd party intellectual property or other rights, applications that are questionable or violate any other agreements or terms and conditions with Boxmode contained in Terms or other agreements. You also acknowledge and agree that Boxmode is not liable or responsible in any way for errors, omissions, acts, and inaccuracies related to the Project, or actions by any 3rd parties arising out of your application or potential application for, and registration or renewal of, a particular subdomain name.

Once you choose the option to use the domain name services purchased from Boxmode you you expressly agree and accept the terms and conditions stated herein.

REPRESENTATION AND WARRANTIES

CONTENT. Project Creator is entirely responsible and liable for Project Content provided by Project Creator, and for any consequences arising in connection with that Content (including any loss or damage suffered or incurred by Boxmode and Boxmode's subsidiaries). In particular, you warrant and represent to Boxmode that:

  • Project Creator is the owner or otherwise entitled for all the rights pertaining to the Content and hereby grants Boxmode the Content license; the use of the Content by Boxmode or Boxmode's subsidiaries will not impose any obligation upon Boxmode or Boxmode's subsidiaries to pay any kind of monetary contribution (including license fees, dues or otherwise) to any third party (in particular collecting societies);
  • The Content does not and will not infringe any intellectual property or other third-party rights;
  • The Content does not and will not contain any material which is harmful, inaccurate, pornographic, abusive, obscene, threatening, defamatory, neither any information that enables Users to access viruses or other harmful software, code or similar means, which could damage, harm, disable or otherwise impact the Users, or which is otherwise illegal, or which does not comply with applicable laws and regulations or Boxmode's content guidelines;
  • The Content will comply and conform to any age restrictions, regulations, and classification rules and requirements (including accurate and adequate classification and rating of any user content, as the case may be) under the laws of any country, including the country in which you reside or from which you access the services.

Project Maintenance. Project Creator is entirely responsible and liable for implementing and maintaining all support for Your Project(s). This includes customization of the Project Code (only as authorized by Boxmode), fixing bugs that your users or visitors might find and report on. Project Creator shall manage and control the activity of Projects to be always compliant to the Terms and applicable laws and regulations.

Payment processors. You agree and acknowledge your responsibility to strictly adhere to the respective terms and instructions of third parties, as well as governing laws and regulations, in case your Projects deal with e-commerce and payment processors. Boxmode is not part of these relations and is in no case responsible for any monetary transactions related to your Projects.

Each User represents and warrants to Boxmode that: (a) they will comply with all applicable local, state, national and international laws (including the CAN-SPAM Act of 2003), rules, and regulations in connection with your use of the Boxmode Platform, including your promotional or other activities on or off the Boxmode Platform that relate to Your Project; (b) they are authorized to grant to Boxmode the rights as stipulated in the Terms, and they own or have all necessary rights, title, and interest in and to Your Code, Your Content, and Your Art Assets (as defined below); (c) Your Code, Your Content and Your Art Assets do not and will not (i) infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any person; and (d) none of Your Code, Your Content, Your Art Assets or Your Project contains any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots, or other malware that may potentially damage or interfere with the Boxmode Platform, or intercept or expropriate any system data or personal information from the Boxmode Platform.

You acknowledge that Boxmode reserves the right to remove, preserve, and disclose any information or Content related to any Project (including Project Data) or account if Boxmode deems necessary or appropriate to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to User support requests, (e) protect the rights, property, or safety of Boxmode, its Users, and the general public, or (f) investigate or defend ourselves against third-party claims or allegations.

You acknowledge and consent that Boxmode may suspend your Project(s) and/or your account at our sole discretion and without notice. Boxmode may apply such measures if the account, Project, or User activity is deemed inappropriate or for other reasons. In case your account or the Project is suspended, please contact our support and follow their instructions. Boxmode reserves the right to suspend your account for 90 calendar days or a longer period of time that might be necessary to reactivate your account, access, or Project.

SUBSCRIPTIONS AND PAYMENT

The Boxmode Service contains paid features and/or subscriptions. Boxmode Inc in cooperation with Ning Interactive Inc shall have the right to receive the payment for the paid subscriptions for Boxmode Services. Ning Interactive Inc on behalf of Boxmode is entitled to collect payments for paid Boxmode plan. All current pricing and terms of Boxmode subscription plans are available on pricing page.

Once registered with Boxmode, you will have access to your Services settings (Subscriptions), your billing information, and payment method (if any). Once the payment is made with your credit/debit card or another payment method, the paid Boxmode plan ("Basic Annual") becomes credited and activated.

Accepted payment methods

You can pay for Boxmode Basic Annual using the following payment methods:

PayPal (coming soon) or debit or credit cards:

  • Visa
  • MasterCard
  • Discover
  • American Express

All required field of Your payment method shall be entered and valid to proceed with purchasing from us.

By completing the purchase from Boxmode, You expressly agree and accept that Boxmode may keep and save the payment method information You entered for further purchases. You may add and choose Your default payment method, add and modify any of Your payment method information in Your Dashboard.

To complete the purchase You need to enter the payment method or choose the available payment method and then - press the respective payment button:

  • “Pay with PayPal” if you prefer to use Your PayPal payment method (PayPal option is coming soon)
  • “Submit payment” to choose your saved payment method, to pay by your default payment method and/or enter your debit or credit card information
  • “Checkout” to use your domain voucher

*Note: Before progressing the payment please check if it is available at your territory. Payment method available territories are:

Aruba, Albania, Andorra, United Arab Emirates, Argentina, Armenia, Australia, Austria, Belgium, Bulgaria, Bosnia and Herzegovina, Belarus, Bermuda, Brazil, Canada, Switzerland, Chile, China, Côte d'Ivoire, Colombia, Costa Rica, Cyprus, Czech Republic, Germany, Denmark, Dominican Republic, Ecuador, Spain, Estonia, Finland, Fiji, Falkland Islands, France, United Kingdom, Gibraltar, Greece, French Guiana, Guam, Hong Kong, Croatia, Haiti, Hungary, Indonesia, India, Ireland, Iceland, Israel, Italy, Jamaica, Japan, Kazakhstan, Saint Kitts and Nevis, South Korea, Lebanon, Saint Lucia, Lithuania, Luxembourg, Latvia, Monaco, Madagascar, Mexico, Malta, Malaysia, Netherlands, Norway, New Zealand, Panama, Peru, Papua New Guinea, Poland, Puerto Rico, Portugal, Qatar, Reunion, Russia, Saudi Arabia, Singapore, El Salvador, San Marino, Sweden, Tunisia, Turkey, Taiwan, United States, Saint Vincent and the Grenadines, South Africa.

Accepted currencies

All Boxmode payments are charged in USD. You will be charged the US dollar value of your payment, and your bank or PayPal will collect the appropriately converted amount and ensuing transaction fees based on their terms of service and the applicable tax laws of your country of residence.

Subscriptions

All Users have free access to Boxmode with our free plan - Basic Annual plan. The Basic Annual plan allows Users to create multiple projects using one account. When published, projects created with the Basic Annual plan will be assigned a *.site.bm subdomain and will feature Boxmode branding. By using the Basic Annual plan You expressly agree with Advertising and Promotion terms herein and grant all respective advertising and promotion rights in Project to Boxmode.

By upgrading to the Basic Annual plan, you get access to more features, such as a free custom domain name for one year, the removal of ads/Boxmode branding, an SSL certificate, and others. More details can be found on pricing page.

Each active Boxmode project is assigned a selected billing plan.

Subscription renewal information

To ensure that your Project remains online at all times, the Basic Annual plan is set to renew automatically at the end of the subscription period.

Always keep your billing information updated to avoid billing failures. Please make sure to save your payment method information.

To avoid payment failures during the automatic renewal, ensure that all of these requirements are met:

  • The payment details that you entered at checkout are correct.
  • Your card or other payment method has sufficient funds to cover the payment.
  • Your credit limit is enough for processing the payment.
  • Your credit card hasn't expired.

Cancel & Refund Policy

If the Basic Annual plan is terminated due to your intention to change the Boxmode Service Plan or due to a payment failure, the plan remains active until the end of the subscription period. Once it expires, your subscription reverts to the Basic Annual plan with no commitments by Boxmode to archive the Project Content. It is at the sole discretion of Boxmode to delete your Project information after the stipulated period with no records archived.

To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds or credits for the Basic Annual plan. Boxmode is not responsible for any bank charges, commissions, and overdrafts. The only way to dispute these charges is through direct negotiation with your bank or PayPal support.

If you encounter any billing issues or require more information, please contact us at support@boxmode.com.

By clicking the payment button (“Pay with PayPal”, “Submit Payment”, “Checkout”) You expressly agree and accept these Terms and Privacy Policy and no refund is available. The “Cancel” button will cancel renewal option only.

Once registered with Boxmode, You may access to Dashboard and able to manage your Subscriptions and Services.

Changes to Billing Policy

Boxmode may, at its sole discretion, modify or update this Billing Policy occasionally to adapt to the changes in our business and practices, and so you should review this page periodically. Once the Billing Policy is amended or complemented with additional provisions, all the paying Boxmode users will be notified via their accounts or by email. After receiving the notification, they have the right to keep your Boxmode Service Plan, change it, or cancel Boxmode Services whatsoever.

All taxes (if any) when purchasing from us applicable to You by legislation of your residence country shall be always respected by You.

DOMAIN NAME SERVICES

Domain Registration Information

Boxmode provides registration and maintenance of domain names for Your Project(s) through one or more domain name registrars ("Domain Name Services"). All sales made through Domain Name Services are final. The registration and management of such domain names are conducted according to general policies established by the Internet Corporation for Assigned Names and Numbers ("ICANN"). ICANN has delegated the registration and administration of particular TLDs (top-level domains) to accredited domain name registrars under general ICANN policies, as interpreted by each domain name registrar. Accordingly, there may be significant differences in the administration of domain names for particular TLDs by different registrars.

When purchasing Domain Name Services for Your Project, You are required to enter into a registration agreement with Boxmode's then-current domain name registrar. The registration agreement and associated terms for Boxmode's current registrar (the registrar may occasionally change) can be found here (Domain Names Terms). You should carefully review each particular registration agreement related to Domain Name Services. You are solely responsible for compliance with such registration agreement and the continued use of Your Project, and the Domain Name Services shall constitute Your binding acceptance of such registration agreement.

Boxmode accepts no responsibility for the refusal of a domain name registrar to register a particular domain name. You irrevocably waive any rights of any kind whatsoever against Boxmode arising from such refusal. If you fail to timely pay Boxmode for the applicable Domain Name Services, You may permanently lose your domain name. If you choose to end your Domain Name Services or otherwise terminate your Network, You are solely responsible for all future matters relating to the applicable domain, including renewal. Neither Boxmode nor our applicable registrar accepts liability for any failure, for any reason whatsoever, to renew a domain name on a timely basis. ICANN policies require cancellation of domain names in certain circumstances, including fraud, provision of false registration details, interference with the rights of third parties, and other grounds. You are not entitled to a refund of registration fees on any such cancellation, and neither Boxmode nor our applicable registrar accepts liability for any such cancellation. It is your sole responsibility to review and adhere to the terms and conditions of the registration agreement for each domain name, including any terms and conditions which may lead to the cancellation of domain names.

According to ICANN regulations, You as a registrant have 15 days to verify domain registration through the link sent in the verification email. If the email address is not verified within 15 days, You will lose access to the domain and will no longer be able to use it. If You don't verify the email address within this period for any reason, You may contact us at support@boxmode.com, and we will request the registrar to resend the verification email to You. In case You need to change the WHOIS email address (the email associated with your Boxmode account is used by default), You may email us at support@boxmode.com for further instructions.

In case You want to transfer your domain name to another registrar, please get in touch with us at support@boxmode.com.

Domain Voucher Information

With the initial purchase of a Basic Annual plan, you receive a one-year free domain voucher as a promotional gift. The Domain Voucher may be used by You to reduce the amount of the domain prepayment to zero).

Note:

This voucher is only included with the first-time purchase of a Basic Annual plan. It is not provided when renewing a subscription or upgrading an existing plan.

  • You have twelve months from the date of purchase to redeem the voucher. If you don't use it within this period, it will be automatically terminated.
  • The voucher entitles you to a free domain use for only one year period. The renewal of the domain subscription for every consecutive year is paid by the User respectively to the rates.
  • The voucher is valid for domains with the following extensions: .com, .cc, .xyz, .click, .company, .business, .name, .pictures, .top, .work. The domain name is provided for free under condition that it is not categorized as premium. Boxmode reserves the right to occasionally change the list of available extensions.
  • The voucher is limited to the purchase of new domains only. You cannot use the voucher to renew a domain.
  • The free domain voucher includes the Private WHOIS Registration.
  • The voucher cannot be applied retroactively to a domain that was purchased before the Basic Annual that includes the voucher.
  • The voucher may not be granted by You to any other party, other Project in whatsoever forms.

Domain Registration Renewal Information

  • The automatic renewal of domain registration is enabled by default. You can disable it in the Subscriptions using Dashboard in Your Boxmode account.
  • Boxmode will use the default payment method for domain renewal (that is, the payment credentials initially provided by the You as account owner).
  • Unless the User renews his domain, it gets deleted from the Connected domains section, and the User loses access to it.

Domain Registration Refund Information

No refunds are issued for the domain registration.

BOXMODE PLATFORM USE AND CONDUCT

Project Creator is the owner of the Project and all related items to the Project and is solely responsible for the Project, Users' conduct, Your Projects, Your Code, and Your Content on the Boxmode Platform. We want to keep the Boxmode Platform safe and fun for everyone, and the use of the Boxmode Platform for unlawful or harmful activities is not allowed. In defining "safe and fun," you specifically agree that:

You will not post, email, or make available any Content to Users or use the Boxmode Platform:

  • In a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
  • in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • to engage in spamming, "chain letters," "pyramid schemes," advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms of Service, any applicable laws, regulations or generally-accepted advertising industry guidelines, including to other Users whether on or off the Boxmode Platform in connection with Your Project;
  • in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
  • in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
  • in a manner that is harmful to minors in any way;
  • in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Boxmode;
  • to impersonate a Boxmode employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to a Project or the Boxmode Platform without authorization;
  • to interfere or attempt to interfere with the proper working of the Boxmode Platform or prevent others from using the Boxmode Platform, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Boxmode Platform, or that otherwise negatively affects other person's' ability to use the Boxmode Platform;
  • to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user's account or to monitor or copy the Boxmode Platform (including the Project Code or Platform Code) or the content contained therein;
  • to facilitate the unlawful distribution of copyrighted content;
  • in a manner that includes personal or identifying information about another person without that person's explicit consent;
  • in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Boxmode Platform or to Users; and
  • in a manner that constitutes or contains any form of advertising or solicitation if emailed to Users who have requested not to be contacted about other services, products or commercial interests.

Additionally, you agree not to:

  • "Stalk" or otherwise harass anyone;
  • Collect, use or disclose data, including personal information, about other Users without their consent or for unlawful purposes or in violation of applicable law or regulations;
  • Collect, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any Member of the Boxmode Platform, or to proxy authentication credentials for any Member of the Boxmode Platform for any purpose, including automating logins to the Boxmode Platform;
  • Use any profanity or the description or name of any illegal activity in the name of Your Project or the Project Subdomain for Your Project;
  • Use the name "Boxmode" as any part of the name of Your Project or the Project Subdomain;
  • Post any Content containing child pornography to any Project. Boxmode does not tolerate this and will report any suspected instances of child pornography, including reporting any Project Data to law enforcement, including the National Center for Missing and Exploited Children;
  • Post any Content that Boxmode determines depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
  • Post any Content that Boxmode determines constitutes pornography, contains nudity, or is otherwise of a similar adult nature. Boxmode's current definition of these categories is located here and is subject to change.
  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Projects and the Boxmode Platform – except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved";
  • Post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on Boxmode's infrastructure;
  • Attempt to gain unauthorized access to Boxmode's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Boxmode Platform;
  • Use the Boxmode Platform as a generic file hosting service; and
  • Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Boxmode Platform.

You agree not to authorize or encourage any third party to use the Boxmode Platform or any of Your Projects (and Your Projects will not be designed) to facilitate any of the foregoing prohibited conduct. You also agree to immediately notify Boxmode in the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in these Terms.

These types of projects are not allowed on the Boxmode Platform:

  • Adult: involving nudity in a sexual context, exposed genitalia or adult themes;
  • Copyrighted Content: music, movies or games that you do not own the rights to;
  • Spam/SEO: a site whose sole purpose is to gain Google ranking, Facebook "likes," etc.;
  • Phishing: a site meant to trick users into providing their username and password;
  • Illegal Content: content which may be illegal in the United States or under the laws of other countries;
  • Scams: get rich quick, pyramid/MLM, HYIP, Ponzi or other dubious schemes;
  • Excessive Advertising: placing excessive advertising on your site, including more than three ad units per page;
  • File Hosting;
  • Injurious Experience: sites using the "Custom HTML" element that provide negative user experiences, such as extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors;
  • Illegal/Inappropriate Products: sites that offer or sell items that are illegal, weapons, counterfeit, stolen, fraudulent, infringing, violating the rights of privacy/publicity, offensive, pornographic, or manufactured/intended to be weapons;

This list is a reference and is not meant to be complete.

Third parties' services. You irrevocably authorize Boxmode to access traffic and usage data on the Boxmode Platform and to use third-party services to get a third-party measurement of the worldwide audience and usage data across the Boxmode Platform.

THIRD-PARTY SERVICES

Certain features of the Boxmode Platform may utilize the services and/or products of third-party service providers, e-commerce service providers, domain name service providers, etc. These may include software, information, data, or other services that may be offered to You either separately or as a part of the Boxmode Platform (“Third-Party Services”).

The Project Creator represents and warrants to Boxmode that: (i) they acknowledge and agree, when using the Boxmode Platform, to enter into direct terms, at their sole risk and responsibility, with Third-Party Service providers, whose services may incur additional fees; (ii) Boxmode shall be considered as intermediary only for such Third-Party Services and the Project Creator; (iii) Boxmode is in no event liable for any Third Party Services; (iv) Boxmode shall have no control whatsoever over the Third Party Services provided to the Project Creator; (v) Third-Party Service providers may require Users to agree to additional terms and conditions; and (vi) Boxmode may at it sole discretion change, remove or otherwise limit Third-Party Services at any time and in any portion for the Boxmode Platform or accessible via the Boxmode Service with no compensation of refund.

INTELLECTUAL PROPERTY RIGHTS

Art Assets. If, as a Project Creator, you have provided any art assets or other intellectual property to Boxmode to design or assist you with designing Your Project (“Your Art Assets”), the following additional provisions will apply to you.

Your Ownership. As between Boxmode and You, You own all right, title, and interest, including all intellectual property rights, in and to Your Art Assets and any specific deliverable or work product created by Boxmode for You (“Deliverables”); provided, however, that in no event shall the term Deliverables include any Boxmode Tools. “Boxmode Tools” means any Boxmode Technology or trade secret, process, algorithm, invention, original works of authorship, development, design, improvement, patent, copyright, or other intellectual property of Boxmode which Boxmode (a) developed or acquired prior to entering into a Project design engagement with You; (b) acquired after the commencement of a Project design engagement with You and independently of such design engagement or (c) developed either alone or in collaboration with others, separate and apart from any Project design engagement with You, and all derivative works based thereon. Boxmode Tools shall also include any software, project management, design and development processes and productivity tools developed by Boxmode, and of general applicability to Boxmode’s business, whether or not prepared under the course of performance of a Project design engagement with You.

License Grant to Boxmode. During the course of your usage of the Boxmode Platform, you hereby grant to Boxmode a non-exclusive, worldwide, royalty-free, and transferable right and license to use, access, cache, reproduce, publicly perform and publicly display Your Art Assets for the sole purpose of designing Your Project and operating and making Your Art Assets available on the Boxmode Platform and in all current and future media in which the Boxmode Platform may now or hereafter be distributed or transmitted.

Boxmode Ownership. As between Boxmode and You, Boxmode owns all right, title and interest, including all intellectual property rights, in and to the Boxmode Tools and Boxmode Technology, and any derivative works or enhancements thereof. You shall not acquire any right, title, or interest therein, except for the limited rights expressly set forth in the Agreement. Any rights not expressly granted by Boxmode herein are reserved to Boxmode and its suppliers. Boxmode acknowledges and agrees that a design engagement does not grant to Boxmode any right, title or interest in any content, code, software, Member data or other materials delivered to Boxmode by You in connection with a design engagement (“Your Design Materials”), except for the limited rights expressly set forth in these Terms of Service. Any rights not expressly granted herein are reserved to each of the parties.

License Grant to You. Subject to the terms and conditions hereof, Boxmode hereby grants to You, a non-exclusive, non-transferable, non-sublicensable worldwide, perpetual, royalty-free license to use that portion of any Boxmode Tools that are incorporated into any Deliverables solely in connection with Your use of Your Project(s) on the Boxmode Platform. You shall not otherwise be entitled to use, license, or commercially exploit the Boxmode Tools, and any such use may result in the revocation of the license rights herein.

License to use Content. You hereby grant Boxmode and its affiliates a nonexclusive, worldwide, royalty-free and transferable right and license to use, reproduce, modify, perform, display, prepare derivative works of, or incorporate into other works, transmit and distribute Your Content for any commercial purposes, including advertising, promoting and publicizing such Content on any of Boxmode’s or its affiliates’ owned and operated websites, apps or services. If you cancel your account on Boxmode and remove Your Content from Your Project, the foregoing license shall terminate provided such Content is not already in use by Boxmode or its affiliates in accordance with the rights granted hereunder.

License to Boxmode Platform. During and subject to the terms and conditions of this Agreement, Boxmode hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable, freely revocable license to access and use the Boxmode Platform solely to enable your use and creation of Projects on the Boxmode Platform. For clarity, aside from the foregoing limited license, you acknowledge that you shall acquire no rights in the Platform Code or Project Code.

You agree that, as between you and Boxmode, all the intellectual property rights in the Boxmode Technology are owned by Boxmode or its licensors.

License to Code. You hereby grant Boxmode a non-exclusive, worldwide, transferable, royalty-free right and license to use, access, store, cache, publicly display and publicly perform Your Code (a) for the purpose of operating and making Your Project available for interaction with the Boxmode Platform and in all current and future media in which the Boxmode Platform may now or hereafter be distributed or transmitted; or (b) for our internal business purposes so that we may derive metrics and analytics relating to the Boxmode Platform and Your Project.

COPYRIGHT INFRINGEMENT

You acknowledge and consent that Boxmode does not initiate or direct any transmission of the material in Projects or Your Content.

Boxmode respects the Digital Millennium Copyright Act, laws, and regulations related to copyright protection. If you are a copyright owner or an agent thereof, and you believe that any content hosted on our website (www.boxmode.com) infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Boxmode's Designated Copyright Agent with the respective information.

Boxmode reserves the right to require more information, and Boxmode may promptly terminate without notice the accounts of those determined by us to be "repeat infringers."

ADVERTISING AND PROMOTION

At your sole discretion and risk, you may sell, run, and/or serve third-party advertising within your Project. If you include advertising in your Project, you agree and consent to Boxmode providing you with information, offers, programs, features, and functionality related to advertising, including deals with advertising partners and advertising networks.

YOU AGREE THAT BOXMODE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON YOUR NETWORK.

Boxmode irrevocably shall have a right to use Projects, free of charge and without limits, for advertisement, media placement, or else commercial Boxmode's or/and third parties' activities.

TERMINATION

You may cancel your Account and terminate your further use of Boxmode Services at any time using your account settings or by contacting Boxmode support and then following the specific instructions.

Upon termination of the Services by either party for any reason:

  • We will cease providing you with the Services, and you will no longer be able to access your Account;
  • unless otherwise provided in the Terms, you will not be entitled to any refunds of any Fees, pro-rata or otherwise;
  • any outstanding balance owed to us for your use of the Services through the effective date of such termination will immediately become due and payable in full. Once that outstanding due is paid in full, you will not be charged again; and
  • your Account or Projects will be terminated, and your Account information will be deleted within a period of no longer than thirty (30) days unless another timeframe is specified by Boxmode hereafter.

If you purchase a domain name through Boxmode, upon cancellation, your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.

Without limiting any other remedies, Boxmode may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.

LIMITATION OF LIABILITY

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL BOXMODE OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF BOXMODE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE BOXMODE PLATFORM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE BOXMODE PLATFORM (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO BOXMODE BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN BOXMODE (INCLUDING THIRD PARTY APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE BOXMODE PLATFORM OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT. SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

Indemnity

You agree to indemnify and hold harmless Boxmode and the Boxmode subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any loss, damage, liability or expense incurred as a result of any breach of representation and warranties, Terms and/or applicable laws and regulations.

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these, such determination shall not affect the validity and enforceability of any other remaining provisions.

Assignment

You are not permitted to transfer, assign or otherwise dispose of this Terms which are personal to You, or any of Your rights or obligations arising under this Terms without the prior written consent of Boxmode.

Boxmode reserves the right to assign or otherwise dispose of the Terms without your consent.

GOVERNING LAW

The Terms shall be governed by the laws of the State of Florida without regard to conflict of law principles. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this Agreement or any transactions hereunder.

Boxmode Service may be accessible worldwide. We make no representation that the Service is appropriate or available for use in locations outside the United States, and accessing the Service from territories where its use is illegal or prohibited. Those who access or use the Boxmode Service from other jurisdictions are entirely responsible for compliance with all applicable United States and local laws and regulations, including, but not limited to, export and import regulations.

CONTACTING BOXMODE

You may contact Boxmode in the following ways:

Help Center:
To submit an inquiry, click here.

E-Mail:
support@boxmode.com or by contacting our Help Center.

Postal:
Boxmode, Inc.
110 East Broward Blvd., Suite 1700,
Fort Lauderdale, Florida, 33301
United States of America

Postal:
NING Interactive, Inc.
1906 El Camino Real, Menlo Park, CA 94027

You acknowledge and consent to Boxmode contacting you and Your Members in order to maintain compliance with these Terms of Service.

Boxmode may change, suspend or discontinue all or any aspect of the Boxmode Platform at any time, including the availability of any database, feature, or content, without prior notice or liability. Boxmode reserves the right, at its discretion, to change or modify all or any part of these Terms at any time without any notice. Please review these Terms from time to time to ensure that you are aware of any changes.

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU ARE NOT ALLOWED TO USE THE BOXMODE TECHNOLOGY AND SHOULD CEASE USING THE SERVICES AND THE BOXMODE TECHNOLOGY IMMEDIATELY.