Legal

Terms of Use

Nationaldayofunplugging.com website (the “Website”) is a website owned and operated by Reboot, Inc. (“Reboot”). Website users will have the option to create individual user accounts/profiles in exchange for the privilege of uploading pictures to the site. The services offered by Reboot include the Website and any other features, content, or applications offered from time to time by Reboot in connection with the Website (collectively, the “Services”). The Services are hosted in the U.S.

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered with the Website and/or Reboot). The term “User” refers to a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to become a Member, communicate with other Members and make use of the Services, you must read this Agreement and indicate your acceptance during the registration process.

Accordingly, access to and use of this site is provided by Reboot subject to the following terms and conditions:

Reboot is committed to protecting the privacy of children. You should be aware that this Website is not intended or designed to attract children under the age of 14. We do not collect personally identifiable information from any person we actually know is a child under the age of 14. BY ACCESSING AND BROWSING THIS SITE, YOU ACKNOWLEDGE THAT YOU ARE OVER 14 YEARS OF AGE AND THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS SITE. WE STRONGLY RECOMMEND THAT CHILDREN BETWEEN THE AGES OF 14 AND 18 ASK FOR THEIR PARENT’S OR GAURDIAN’S PERMISSION PRIOR TO USING THIS WEBSITE.

1. This site is © 2013 Reboot, Inc. All rights, including copyright, in this Website and its contents, are owned by or licensed to Reboot, or otherwise used by Reboot as permitted by applicable law. To the maximum extent permitted under law, all text, images, downloadable files and other materials available on this site are protected by U.S. copyright law, various international treaties and other applicable law protecting text, images, downloadable files and other materials available on this site.

2. The contents of the Website, such as text, graphics, images and/or other information provided by Reboot or obtained from Reboot’s licensors, and other material contained on the Website (“Content”) are for informational purposes only. Reboot is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Reboot takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Reboot is not responsible for the conduct, whether online or offline, of any User of the Services.

3. In accessing the Website, you agree that you will access the contents solely for your own private use. Material may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial home use. Any other use requires the prior written permission of Reboot. In furtherance of the foregoing, you agree not to adapt, alter or create a derivative work from any of the material contained in this Website, republish, “mirror”, “frame” transfer or otherwise make available to third parties this Website or any downloadable files or other material available on this Website, or use it for any other purpose other than for your personal non-commercial home use, without Reboot’s prior written consent. All rights not expressly granted herein are reserved. You agree to use this Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this Website by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this Website. Certain sections of this Website may also contain additional restrictions as to use or access.

4. Use of this Website constitutes your acceptance of these terms and conditions which take effect on the date which you first use the Website. Reboot reserves the right to change these terms and conditions at any time by posting changes online. You are responsible for reviewing regularly information posted online to obtain timely notice of such changes. Your continued use of this Website after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.

5. Your use of this Website does not create any license or any other rights in Reboot’s or any third party’s copyrights, trademarks or any other intellectual property or proprietary rights. All product names, logos, trademarks and service marks appearing on this Website are the property of Reboot or other third parties. Nothing in these terms of use shall be construed to grant you any right or license in any of these names, logos, trademarks or service marks without the prior written consent of the owner.

6. ALL MATERIALS AND INFORMATION INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, REBOOT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. REBOOT DOES NOT WARRANT THAT THE CONTENT OF THE SITE IS ACCURATE, TIMELY, RELIABLE, CORRECT OR COMPLETE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. REBOOT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS AND INFORMATION ON THIS SITE OR ANY SITES LINKED TO THIS SITE. NOR DOES REBOOT WARRANT THAT THE SITE WILL BE ACCESSIBLE AT ALL TIMES OR IN ALL GEOGRAPHIC AREAS. FURTHER, REBOOT DOES NOT WARRANT THAT THIS SITE OR THE MATERIALS AND INFORMATION MADE AVAILABLE THROUGH IT ARE FREE FROM COMPUTER VIRUSES, WORMS OR OTHER HARMFUL EFFECTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.

7. UNDER NO CIRCUMSTANCES SHALL REBOOT BE LIABLE FOR ANY DIRECT, INDIRECT, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES ATTRIBUTABLE TO ANY LOSS OF DATA, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF PROFITS, OR LOSS OF USE, ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS OR INFORMATION ON THIS SITE (OR SITES LINKED TO THE SITE), EVEN IF REBOOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN MAIL OR OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE OR INTERNET SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, STRICT LIABILITY, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

8. This Website may contain links to other World Wide Web sites provided by independent third parties (“Third Party Websites”). Where possible, Reboot will make clear where such links are being made. Reboot is not responsible for the availability or content of Third Party Websites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Websites.

9. The Website allows users to post, transmit or upload messages, comments, photos, videos computer files and other materials (“User Content”). By submitting User Content to the Website, you: (A) grant to Reboot a perpetual, worldwide, royalty-free, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content in any and all media, worldwide in perpetuity; (B) grant to Reboot the right to use in any manner your personal name if submitted with the User Content; and (C) represent and warrant that you own or otherwise control all rights in and to the User Content, and that the use of such User Content by Reboot will not violate any law or infringe upon the rights of any third party.

You will have the opportunity to submit User Content in the form of pictures (“pictures”). By submitting your picture, and in consideration of receiving the credit (as mentioned below), you consent that Reboot will have the non-exclusive right to use your picture in the event Reboot creates a book/report or other text, podcast or other publication featuring User Content in any form or format (in each case, a “Website-Related Publications/Merchandise”) and you acknowledge that Reboot will have the right to distribute and otherwise exploit such Website-Related Publications/Merchandise in any and all media, whether now known or hereinafter invented, worldwide in perpetuity and Reboot shall own 100% of the copyright in and to all such Website-Related Publications/Merchandise. As full consideration for the grant of such non-exclusive right to use the picture, you will receive a credit in such Website-Related Publications/Merchandise. FOR AVOIDANCE OF DOUBT, BY SUBMITTING A PICTURE, YOU ARE GRANTING REBOOT A ROYALTY-FREE, PERPETUAL, IRREVOCABLE, NON-EXCLUSIVE LICENSE TO ALLOW REBOOT TO CREATE WEBSITE-RELATED PUBLICATIONS/MERCHANDISE THAT MAY INCLUDE SUCH PICTURE AND DISTRIBUTE SAME IN ANY AND ALL MEDIA, WHETHER NOW KNOWN OR HEREINAFTER INVENTED, WORLDWIDE IN PERPETUITY. If you are under 18 years of age and wish to submit a picture, you will need to have a parent or guardian give their written consent.

You acknowledge that Reboot does not pre-screen User Content and makes no representations whatsoever concerning the User Content. Under no circumstances shall Reboot be liable in any manner as a result of any User Content or your transmission or use thereof or reliance thereon. Moreover, Reboot shall have the right (but not the obligation) to remove any Content and User Content from the Website in its sole discretion at any time without notice.

10. You agree that you are solely responsible for your use of and reliance upon the Website, your actions on the Website, and your submission of User Content to the Website. You further agree: (A) not to use the Website in any manner or for any purpose that violates applicable local, state, national, or international laws, regulations or rules; (B) not to post material, nonpublic information about any person or company nor to post any information with the intent to manipulate the market for or value of any security; (C) not to post any knowingly false or misleading statements; (D) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity and not to submit User Content altered to conceal the true source of such User Content; (E) not to use the Website to collect or harvest personal information, including, without limitation, financial information, about other users of the Website; (F) not to submit any files containing viruses, bots, worms, trojan horses, corrupted files, or any other similar materials that may damage or corrupt the data, software or hardware of others; (G) not to attempt in any way to interfere with or disrupt the proper functioning of the Website nor to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website; (I) not to submit any User Content for the purpose of advertising or offering any products or services; (J) not to post, upload or transmit any unsolicited “spam,” “junk mail,” or “chain letters”; (K) not to post, transmit or upload any material that infringes or violates the intellectual property rights or other rights of a third party; and (L) not to post, transmit or upload any libelous, defamatory, obscene, sexually explicit, abusive, or otherwise illegal material.

The following is a partial list of the kind of User Content that is illegal or prohibited to post on or through the Services. Reboot reserves the right to investigate and take appropriate legal action against anyone who, in Reboot’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators. Prohibited User Content includes, but is not limited to User Content that, in the sole discretion of Reboot:

  • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  • solicits personal information from anyone under 18;
  • provides any telephone numbers, street addresses, URLs or email addresses;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person’s copyrighted work;
  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • or includes a photograph of another person that you have posted without that person’s consent.

The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. Reboot reserves the right to investigate and take appropriate legal action against anyone who, in Reboot’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

  • criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • advertising to, or solicitation of, any Member to buy or sell any products or services through the Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Reboot reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Reboot deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to Reboot, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Reboot $50 for each such unsolicited email or other unsolicited communication you send through the Services;
  • covering or obscuring the banner advertisements on your personal profile page, or any Website page via HTML/CSS or any other means;
  • any automated use of the system, such as using scripts to add friends or send comments or messages;
  • interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
  • attempting to impersonate another Member or person;
  • using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
  • selling or otherwise transferring your profile;
  • using any information obtained from the Services in order to harass, abuse, or harm another person;
  • displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your friends, or sending private messages with a commercial purpose; or
  • using the Services in a manner inconsistent with any and all applicable laws and regulations.

FOR AVOIDANCE OF DOUBT, REBOOT, IN ITS SOLE DISCRETION, SHALL DETERMINE WHETHER ANY USER CONTENT OR ACTIVITY IS IN VIOLATION OF THE PROVISIONS OF THIS SECTION, AND MAY TAKE SUCH CORRECTIVE ACTION IT DEEMS APPROPRIATE, INCLUDING WITHOUT LIMITATION TERMINATING YOUR ACCESS TO THE WEBSITE.

You further represent, warrant and covenant that any and all personal information that you provide to Reboot in connection with the Website, or any user registration required by the Website, is and shall be current, complete and accurate. Moreover, you covenant and agree to maintain and update this information as necessary to keep it current, complete and accurate.

You are solely responsible for your interactions with other Members. Reboot reserves the right, but has no obligation, to monitor disputes between you and other Members.

11. YOU AGREE TO INDEMNIFY AND HOLD REBOOT, ITS SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, AGENTS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM, OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE AND/OR THE SERVICES IN VIOLATION OF THIS AGREEMENT AND/OR ARISING FROM A BREACH OF THIS AGREEMENT AND/OR ANY BREACH OF YOUR REPRESENTATIONS, WARRANTIES AND COVENANTS SET FORTH ABOVE AND/OR IF ANY USER CONTENT, INCLUDING, WITHOUT LIMITATION, PICTURES, THAT YOU POST ON THE WEBSITE OR THROUGH THE SERVICES CAUSES REBOOT TO BE LIABLE TO ANOTHER.

12. Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

13. If there is any conflict between these Terms of Use and rules and/or specific terms of use appearing on this Website relating to specific material then the latter shall prevail. If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

14. These Terms of Use, and all matters relating to your use of this Website, shall be governed by and construed in accordance with the laws of the United States of America, State of New York without regard to choice of law principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of New York County, New York and the United States District Court for the Southern District of New York with respect to such matters.

If these Terms and Conditions are not accepted in full, you do not have permission to access the contents of this website and therefore should cease using this website immediately.