30 Boxes Terms of Use Agreement
Last Updated: February 5, 2006

About 30 Boxes

30 Boxes is a web-based software application that allows an individual to keep calendar data online, to share their calendar data with an invited circle of friends and to aggregate public online information of friends. 30 Boxes is created for individuals looking for a robust, yet simple online calendaring solution that is easy to share with friends and family.

The service is operated by 83 Degrees, Inc, ("83 Degrees") as the 30 Boxes service, and is found at www.30boxes.com . By using the www.30boxes.com website ("30 Boxes" or the "Website") you agree to be bound by these Terms of Use (this "Agreement").

This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service. 30 Boxes may modify this Agreement from time to time and such modification shall be effective upon posting by 30 Boxes on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes 30 Boxes policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and 30 Boxes Privacy Policy.

YOUR USE OF THE SITE AND THE 30 BOXES SERVICE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF THE AGREEMENT.

1. Description of the 30 Boxes Service. The 30 Boxes Service is a web-based calendar, scheduling, and social networking service.

2. Changes to the 30 Boxes Service and the Agreement. 30 Boxes reserves the right, without liability to you, to modify or discontinue the 30 Boxes Service with or without notice to you, and you agree to be bound by such modifications or revisions. If you do not accept and abide by the terms of the Agreement, you may not use the 30 Boxes Service. 30 Boxes may change the TOU at any time in its sole discretion, so you should visit this page periodically to review these terms. In the event of any material or substantial change in the terms and conditions of the TOU, 30 Boxes may, but shall not be obligated to post an announcement of the changes together with a link to the new TOU on the 30 Boxes Service. By using the 30 Boxes Service after any change in the TOU, you acknowledge and agree to be bound by such amended TOU.

3. Eligibility. You must be thirteen years of age or older to register as a member of 30 Boxes or use the Web site. If you are under the age of 13, you are not allowed to register and become a member of 30 Boxes or access F30 Boxes content, features and services on the Web Site. Membership in the Service is void where prohibited. By using the Web site, you represent and warrant that you agree to and to abide by all of the terms and conditions of this Agreement. 30 Boxes may terminate your membership for any reason, at any time.

4. Security. You will receive a password and account designation upon completing the registration process for the Service. Each account is to be used by an individual user. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify 30 Boxes of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. 30 Boxes will not be liable for any loss or damage arising from your failure to comply with this Section 4.

5. Privacy. Personal information collected by 30 Boxes shall be used as set forth in the 30boxes Privacy Policy. As a condition to using the 30 Boxes Service, you agree to the terms of the 30 Boxes Privacy Policy as it may be updated from time to time. You agree that 30 Boxes may monitor, edit or disclose your personal information, including the content of your emails, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in the 30 Boxes Privacy Policy.

6. User Conduct. You agree that you are responsible for establishing and maintaining your own calendar and event information. Your use of the 30 Boxes Service is subject to your acceptance of, and compliance with the Agreement. 30 Boxes reserves the right, but does not assume the responsibility, to monitor or review your conduct on the 30 Boxes Service. Your use of the 30 Boxes Service is subject to all applicable federal, state and local laws and regulations, and you agree that the following activities are strictly prohibited in conjunction with your use of the 30 Boxes Service:

Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Your right to use the 30 Boxes Service is personal to you. You agree not to resell or make any commercial use of the 30 Boxes Service without the express consent of 30 Boxes. You may not create bots or other computer generated automatic tools to create events, nor abuse the 30 Boxes Service in any manner. Use that constitutes abuse shall be determined by 30 Boxes in its sole discretion. 30 Boxes reserves the right to terminate your account if 30 Boxes determines you have not complied with any part of the Agreement. You represent and warrant that you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

7. Content. You understand that all information, data, text, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. With respect to Content you submit or make available for inclusion on publicly accessible areas of the 30 Boxes Service, you grant 30 Boxes a world-wide, royalty free, non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the 30 Boxes Service solely for the purpose for which such Content was submitted or made available. 30 Boxes does not control the Content posted by any user of the 30 Boxes Service and thus does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will 30 Boxes be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the 30 Boxes Service. "Publicly accessible" areas of the 30 Boxes Service are those areas intended by 30 Boxes to be available to the general public, such as published 30 Boxes calendars including password-protected 30 Boxes calendars and other portions of 30 Boxes sites that are open to both members and visitors.

8. 30 Boxes Intellectual Property Rights; Copyright Policy. You acknowledge that 30 Boxes owns all right, title and interest in and to the 30 Boxes Service, including without limitation all intellectual property rights (the "30 Boxes Rights"), and such 30 Boxes Rights are protected by U.S. and international intellectual property laws. The 30 Boxes Rights include rights to: (a) the 30 Boxes Service developed and provided by 30 Boxes and all trademarks and other intellectual property associated therewith; and (b) all software associated with the 30 Boxes Service. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the 30 Boxes Service or any Content placed on the 30 Boxes Service by 30 Boxes or any third party. If you believe that your work has been copied and posted on the 30 Boxes Service without your permission or in any way that constitutes copyright infringement, please provide 30 Boxes with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the 30 Boxes Service; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership. Please contact 30 Boxes at the following address:

30 Boxes
Attn: Copyright Infringement
P.O. Box 1086
Tiburon, CA 94920

9. Advertisements. You agree and understand that some parts of the 30 Boxes Service may display ads and other information adjacent to and related to the event content. Any such ads or other information is served using a completely automated process. No human will read your event, calendar, or email content in order to target such advertisements or other information without your consent, and no email content, addresses, or other personally identifiable information will be provided to advertisers as part of the 30 Boxes Service. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the 30 Boxes Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that 30 Boxes shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the 30 Boxes Service.

10. Software. Your use of any software associated with the 30 Boxes Service will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then 30 Boxes grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the 30 Boxes Service and in accordance with this Agreement. 30 Boxes reserves all rights to such software not expressly granted to you in any EULA or in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. 30 Boxes or its suppliers own all right, title and interest in and to such software (including all intellectual property rights), and such software is licensed, not sold to you. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law.

11. Information Available from the 30 Boxes Service. 30 Boxes and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the 30 Boxes service, even if such information appears in e-mail, cell phone or other alerts available through the 30 Boxes Service. 30 Boxes and its suppliers do not authorize the use of information available from the 30 Boxes Service for any purpose other than your personal use, and prohibit the resale, redistribution, and use of this information for commercial purposes. 30 Boxes does not endorse or recommend any particular product or service. Nothing contained in the 30 Boxes Service is intended to constitute professional advice of any kind.

12. Disclaimer of Warranties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

13. Limitation of Liability; Your Exclusive Remedy. YOU EXPRESSLY UNDERSTAND AND AGREE THAT 30 BOXES (83 DEGREES, INC) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 30 BOXES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE OR THE 30 BOXES SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE 30 BOXES SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE 30 BOXES SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SITE OR THE 30 BOXES SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH IN SECTIONS 13, 14 AND 15 MAY NOT APPLY TO YOU.

14. Additional Liability Limitation. As you use the 30 Boxes Service, you should expect to receive, access or use Content originated by 30 Boxes and persons other than 30 Boxes (any such person is referred to as a "third party"). Without limiting the generality of sections 13 and 14, you acknowledge and agree that neither 30 Boxes nor its licensors or other suppliers are responsible or liable for: (a) any content, including without limitation, any infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, or illegal content, or (b) any third party conduct, transmission or data. In addition, you acknowledge and agree that 30 Boxes is not responsible or liable for: (i) any viruses or other disabling features that affect your access to or use of the 30 Boxes Service, (ii) any incompatibility between the 30 Boxes Service and other web site, services, software, and hardware, (iii) any delays or failures you may experience in initiating, conducting, or completing any transmissions or transactions in connection with the 30 Boxes Service in an accurate or timely manner, or (iv) any damages or costs of any type arising out of or in any way connected with your use of any services available from third parties through links contained on the 30 Boxes Service.

15. Indemnification. You agree to indemnify and hold 30 Boxes (83 Degrees, Inc.), and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and officers, directors, employees, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the following actions by you or other user of the 30 Boxes Service using your account: (a) use of the 30 Boxes Service, (b) violation of any part of the Agreement, (c) infringement of any intellectual property or other right of any person or entity, (d) violation of any federal, state or local law or regulation; (e) Content you submit, post, transmit or make available through the 30 Boxes Service, or (f) violation of any rights of another.

16. Links to Third Party Sites. Any web sites that are accessible via links included within the 30 Boxes Service that take you to another web site or out of the 30 Boxes Service are not under 30 Boxes's control, and 30 Boxes shall not be responsible for the content, products or services of any linked web site. All such web sites shall be subject to the policies and procedures of the owner of such web sites. 30 Boxes encourages you to read those policies and know your rights under any web site you visit.

17. Agreement Violations by Others. 30 Boxes asks that you participate in ensuring that all users of the 30 Boxes Service follow the terms of the Agreement by reporting any violations of these terms. To report a violation of the Agreement, please email us at privacy@30boxes.com .

18. General.

19. Copyright and Trademark Notices; Other Acknowledgements. All contents of the 30 Boxes Service are Copyright 2004-2005 83 Degrees, Inc. and/or its suppliers. All rights reserved.