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Overview: We ( 83 Degrees) run the 30 Boxes.com Website ("Website") and the 30 Boxes Buddy Card service to help you enliven comments on your blog and help turn your blog into a social network. To use the 30 Boxes Buddy Card service, please register with us to obtain a link to the plugin download. Please make sure you read through, understand and agree with the terms of this agreement ("Terms and Conditions") before you start to use the 30 Boxes.com Website, and download and use the 30 Boxes WordPress Buddy Card Plugin ("Plugin"). Terms of Service: The Website is a hosted personal organizer service ("Service") operated by 83 Degrees Inc. ("83 Degrees"). Any use of the Website and Service is subject to the Terms and Conditions, as well as to the general 30 Boxes Website Terms of Use and Privacy Policy, all of which are incorporated by reference into these Terms and Conditions. When you download the Plugin, or access any part of the Website or use the Service, you agree that you have read, understood, and agree to be bound by these Terms and Conditions concerning your use of: (a) the Website and Service; and (b) the Plugin. 1. General. To download the Plugin and use our Service, you must first register with the Website. After obtaining the downloaded Plugin via email, you will be able to use the Service. 83 Degrees may in its sole discretion change, modify, suspend, make improvements to or discontinue any aspect of the Website, Plugin and Service, temporarily or permanently, at any time and without notice to you. Under no circumstances will 83 Degrees be liable for any such change, modification, suspension, improvement or discontinuance. If you do not agree with any of these changes, you may terminate your account as set forth in Section 18. 2. Registration. By registering on the Website, you represent and warrant that the information you provide to 83 Degrees in connection with any registration process is true and accurate, and that you will promptly notify 83 Degrees if any of that information changes. 83 Degrees may use the information that you provide during the registration process, in particular your email address: (a) to communicate with you about the Website, Plugin and Service, including without limitation, any changes to the general 30 Boxes Website Privacy Policy or other policies; (b) to respond to your emails to us regarding Buddy Cards; and (c) for all other purposes stated in the general 30 Boxes Website Privacy Policy. 83 Degrees reserves the right to terminate your account and your access to and use of all of the 83 Degrees websites if you provide false or inaccurate information. 3. Software License. As long as your account with 83 Degrees is in good standing and you comply with the terms of this Terms and Conditions, 83 Degrees grants you a fully paid-up, royalty free, worldwide, non-exclusive license to use the Plugin (including as it may have been modified by others pursuant to Section 4 of these Terms and Conditions) in conjunction with your blog to access the benefits of the Website and the Service. In furtherance of this license, you may make a reasonable number of backup copies of the Plugin, and you may install and use the Plugin on computers owned or used by you in the operation of your blog. (A) Except in the event of a Change of Control (as defined below), further redistribution or transfer, or (B) use on a service bureau basis, regardless whether in either situation there is consideration, of the Plugin, including any modifications which you may make to the Plugin pursuant to Section 4 of these Terms and Conditions, is expressly prohibited. 4. Modifications. You may download the Plugin in source code form, in which case the license provided for in Section 3 of these Terms and Conditions extends to your use of the Plugin in such form. In addition, as we desire to improve the quality of the Plugin for all users of the Service, 83 Degrees grants you a fully paid-up, royalty free, worldwide, non-exclusive license to make derivative works of and modify the Plugin on the following terms and conditions: a. Any such derivative works or modifications to the Plugin shall be referred to as "Contributions". Contributions do not include additions to the Plugin which: (x) are separate modules of software which are functional separate from the Plugin, in which case, you are free to distribute such separate modules under their own license agreement, and (y) are not derivative works of the Plugin. b. You represent and warrant that you have all right, title and interest in the copyrights in your Contributions, and have the right to assign such copyrights as set forth below. c. You will provide a copy of the source code to your Contributions to 83 Degrees, together with documentation of the changes you made to the Plugin and the date of such change, and you hereby assign all right, title and interest in the copyrights in your Contribution to 83 Degrees. You agree to execute all necessary documentation to effect such assignment, and you grant to 83 Degrees a "power of attorney" for the limited purpose of signing any such documentation on your behalf. d. To the extent that you now own or subsequently acquire any patent rights in the changes which you make to the Plugin, you grant 83 Degrees and subsequent sublicensees of 83 Degrees an irrevocable, fully paid-up, royalty free, worldwide, non-exclusive license to such patents to the extent necessary to make, use, sell, offer to sell and import your Contribution in source code and object code form, including in combination with Contributions made by others. The license granted in this Section 4(d) shall apply to the combination of your Contribution and the Plugin if, at the time the Contribution is made by you, such addition of the Contribution causes or would cause the patents to be infringed by such combination. It is expressly understood by 83 Degrees that you make no assurances that the Plugin as modified by your Contribution does not infringe the patent rights of any other person or entity, and that you disclaim any liability to 83 Degrees or subsequent sublicensees of 83 Degrees for claims brought by any other person or entity based on infringement of patent rights. 5. Restricted Rights. The provision of the download of the Plugin via the Website to the United States of America, its agencies and/or instrumentalities ("U.S. Government") pursuant to solicitations issued on or after December 1, 1995 are provided with the commercial license rights described elsewhere herein, and pursuant to solicitations issued prior to December 1, 1995 are provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. Manufacturer is 83 Degrees, 2122 Mar East, Tiburon, CA 94920. 6. Intellectual Property Ownership. Except with regard to the patent rights in Contributions, which are licensed by 83 Degrees pursuant to Section 4(d) of these Terms and Conditions, 83 Degrees owns all intellectual property rights, title and interest in and to the Plugin, including the Contributions. Except as expressly stated in these Terms and Conditions, 83 Degrees does not grant you any intellectual property rights in the Plugin, including the Contributions, and all rights not expressly granted in these Terms and Conditions are reserved to 83 Degrees. 7. Notice to Posters.Ê In order to use the Plugin in conjunction with your blog to access the benefits of the Website and the Service, you must not alter the language notifying posters that their email address will be used to create a Buddy Card.Ê This language is installed with the download of the Plugin and explains to posters how the Service works.Ê The following notice is installed within the comment area, next to the blogÕs Mail field and you must not delete or otherwise interfere with the ability of posters to view it: ÒMail (will not be published but may be used to generate an open web profile for Buddy Cards (hyperlinked).Ê Privacy Information (Hyperlinked).) Ê The Buddy Card hyperlink points to an explanatory page hosted by 83 Degrees/ 30 Boxes for posters to learn more about the Service. Ê The ÒPrivacy InformationÓ hyperlink points to a page created by the Plugin upon instillation, and is hosted locally by you.Ê You must not delete or otherwise interfere with the ability of posters to view the text on the hyperlinked page which contains the following: ÒThis Blog has installed a 30 Boxes WordPress Buddy Card Plugin (ÒPluginÓ) from 30 Boxes which enables the use of Buddy Cards.Ê Buddy Cards are small windows that are shown next to comments and contain a subset of either public Buddy Page information available through 30 Boxes, or dynamically created information as a result of an open web search (keyed off a user entered email address).Ê By providing your email address when posting comments to this Blog, you enable the Plugin to poll the 30 Boxes website to find a database match and display information from your 30ÊBoxes public Buddy Page.Ê If no match is found at the 30ÊBoxes website, the Plugin will turn to the open web and find publicly available information related to your email address, and this information will be displayed in a Buddy Card.Ê Please refer to the 30 Boxes Privacy Policy for more informationÓ 8. Responsibility of Website Visitors. 83 Degrees has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, 83 Degrees does not represent or imply that it endorses the material posted there, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. 83 Degrees disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content posted there. 9. Content Posted on Other Websites. 83 Degrees has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. 83 Degrees does not have any control over those non-30 Boxes websites and webpages, and is not responsible for their contents or their use. By linking to a non- 30 Boxes website or webpage, 83 Degrees does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. 83 Degrees disclaims any responsibility for any harm resulting from your use of non-30 Boxes websites and webpages. 10. Copyright Infringement and DMCA Policy. As 83 Degrees asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify 83 Degrees in accordance with 83 Degrees' Digital Millennium Copyright Act ("DMCA") Policy. 83 Degrees will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of 83 Degrees or others, 83 Degrees may, in its discretion, terminate or deny access to and use of the Website or Service. 11. Trademarks. 83 Degrees, 30 Boxes, 30 Boxes.com, the 30 Boxes.com logo, and all other trademarks, service marks, graphics and logos used in connection with 83 Degrees, 30 Boxes, or the Website ("Marks") are property of 83 Degrees, 83 Degrees' licensors or other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use the Marks, and you are not permitted to use such Marks without the prior written consent of 83 Degrees or such third party that may own the Marks. 12. Changes. The Website, Service, and these Terms and Conditions may be changed at the sole discretion of 83 Degrees and without notice, except that your license to the Plugin will not be changed unless you download a revised version of the Plugin after these Terms and Conditions have been changed. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions. 13. Communications with 83 Degrees. All notices and other communications to 83 Degrees required under these Terms and Conditions should be directed to the 83 Degrees/30 Boxes contact page. 83 Degrees may give notice by posting to the Website. Notice shall be deemed given twenty-four (24) hours after notice is sent. Alternatively, 83 Degrees may give notice by mail to the address provided during the registration process. In such case, notice is deemed given three (3) days after the date of mailing. 14. LIMITATION OF WARRANTIES OF 83 DEGREES, ITS SUPPLIERS AND ITS LICENSORS. EXCEPT AS OTHERWISE EXPRESSLY STATED, (A) ALL CONTENT POSTED TO OR AVAILABLE FROM THE WEBSITE AND THE SERVICE, AND (B) THE PLUGIN, ARE PROVIDED "AS IS", AND 83 DEGREES, ITS SUPPLIES AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, 83 DEGREES MAKES NO REPRESENTATIONS AND WARRANTIES THAT (1) THE WEBSITE, SERVICE OR PLUGIN WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICE OR PLUGIN WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (4) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICE OR PLUGIN WILL BE CORRECTED. 83 DEGREES PROVIDES NO CUSTOMER SUPPORT FOR THE PLUGIN OR SERVICE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD THE PLUGIN AND CONTENT FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK, THAT THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PLUGIN REMAINS WITH YOU, THAT 83 DEGREES, ITS SUPPLIERS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM THE DOWNLOAD OR USE OF THE PLUGIN OR SUCH CONTENT OR SERVICES, AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. 83 DEGREES ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH THE SERVICE OR THE PLUGIN. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY DAYS. 15. LIMITATION OF LIABILITY OF 83 DEGREES, ITS SUPPLIERS AND ITS LICENSORS. EXCEPT AS OTHERWISE EXPRESSLY STATED, IN NO EVENT WILL 83 DEGREES, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF THE PLUGIN, WEBSITE OR SERVICE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF 83 DEGREES, ITS SUPPLIERS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ANY AND ALL OF YOUR CLAIMS AGAINST 83 DEGREES, ITS SUPPLIERS AND ITS LICENSORS UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR ARISING OUT OF OR RELATED TO USE OF THE PLUGIN, WEBSITE AND SERVICE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO 83 DEGREES, IF ANY, DURING THE 12- MONTH PERIOD PRIOR TO THE DATE A CLAIM IS MADE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE THAT THIS SECTION 15 REPRESENTS A REASONABLE ALLOCATION OF RISK. 16. General Representation and Warranty. You represent and warrant that your use of the Plugin, Website and Service will be in accordance with the general 30 Boxes Website Privacy Policy, with these Terms and Conditions, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and with any other applicable policy or terms and conditions. 17. Indemnification. You agree to defend, indemnify and hold harmless 83 Degrees, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Plugin and Service, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions. 18. Termination. 83 Degrees may terminate these Terms and Conditions, your rights under these Terms and Conditions, your account with 83 Degrees and your access to and use of the Plugin, Website and Service in its sole discretion, for any reason or no reason at all, (including but not limited to failure to pay any applicable fees owed to 83 Degrees), with or without cause and without notice or liability to you or any third party. Any termination of these Terms and Conditions, your rights under these terms and Conditions, your account with 83 Degrees, or your access to and use of the Plugin, Website and Service, automatically terminates the license to use the Plugin, Website and Service and to use your API Key. You may terminate your account with 83 Degrees (which will terminate your rights under these Terms and Conditions and your access to and use of the Plugin, Website and Service) for any reason by deactivating the Plugin and by notifying 83 Degrees/30 Boxes via their contact page.. 19. Survival. Upon termination, all rights and obligations created by these Terms and Conditions will terminate, except that you will continue to be bound by those terms that would by their nature survive such termination, including without limitation those concerning intellectual property rights, disclaimers of warranties and limitations of liability; representations, warranties and indemnity obligations; and general provisions. 20. Miscellaneous. These Terms and Conditions constitute the entire agreement between 83 Degrees and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of 83 Degrees, or by the posting by 83 Degrees of a revised version. (1) These Terms and Conditions, (2) any access to the Website or (3) use of the Plugin, Website and Service, will be governed by the laws of the State of California, U.S.A., excluding its conflict of law provisions, unless applicable law provides otherwise, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. 83 Degrees may assign its rights under these Terms and Conditions without condition. You may assign your rights under these Terms and Conditions only in the event of a "Change of Control", which shall mean, the sale, conveyance or other disposition of all or substantially all of your property or business relating to your blog, including through a merger, business combination, sale of stock, partnership interests or membership interests, or asset sale. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
I accept the Buddy Cards Plugin Terms of Service

use 30 Boxes Buddy Cards to:

* display avatars

* build community

* encourage transparency

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