Terms and Conditions

These are the terms of service for the use of BOAS Network websites, apps, games, and other digital products. Please review them. 

By using our services, you agree to be bound by these terms.

We update these terms from time to time.

THESE TERMS AND CONDITIONS OF SERVICE (the “Terms”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND BOAS NETWORK governing your use of this Service, www.boasnetwork.com which includes but is not limited to products, software and services offered by way of the website such as any “Video Player,” “Uploader,” and other applications that link to these Terms (the “Service”). For the purposes of this Agreement, “Editorial Control” means the right to review, consult regarding, formulate standards for, or to exercise a veto over the appearance, text, use, or promotion of the NG Product.

Please review the Terms fully before you continue to use the Service. By using the Service, you agree to be bound by the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Service. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices. If you do not agree, please discontinue using the Service. Boas Network reserves the right to change the Terms at any time without prior notice. Your continued access or use of the Service after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly. The Terms were last updated on 14 August 2013.

Your use and browsing of the Service is at your risk. If you are dissatisfied with any of the materials contained in the Service, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Service.

Registration

You agree that you are who you say you are when you register. 

It’s important that the email address associated with your account is accurate and up to date.

In order to utilize certain functionality of the Service, you must complete a registration process. As a registered user of the Service, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Service registration form (“Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Upon completing the registration process, you shall receive confirmation of a password and user name. You are responsible for maintaining the confidentiality of the password and user name, and you are fully responsible for all activities that occur under your password or user name. You agree to (a) immediately notify BOAS Network of any unauthorized use of your password or user name or any other breach of security; (b) exit from your account at the end of each session; and (c) defend, indemnify, and hold harmless BOAS Network from any loss or damage arising from unauthorized use of your password or user name. 

By registering, you consent to the collection of your data, including, without limitation, Registration Data, by BOAS Network and processing of such data by BOAS Network in connection with your use of the Service. You consent to the technical processing and transmission involved in your use of the Service, including, without limitation, Registration Data, and you acknowledge that such process may involve (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices.

Description of the Website and Membership

The Website provides, among other things, a place for uploading Works. Furthermore, the Website is divided generally into two sections: a public section and a contributor section. The public section offers to all visitors, among other things, general information about the Website, the ability to view Works on the Website, a search engine to search for Works on the Website, the ability to view and post comments on the official BOAS web logs (the “BOAS Blog”), the ability to view and post comments on the personal web logs, if applicable (each, a “Contributor Blog”) of visitors who have registered as members of the Website (“Contributors”), and a process by which visitors can register to become Contributors, as further described below. The Contributor section is only accessible by Contributors. The contributor section offers to Contributors (in addition to all services available in the public section) the ability to upload Works onto and from the Website in accordance with an applicable Upload Agreement, the ability to post material or other content on personal Member Blogs if applicable, and the ability to answer viewer questions.

When a visitor to the Website registers to become a Contributor, he or she will select an available user name (“Contributor Name”) and a corresponding user password (“Contributor Password”) to create a unique, personal Contributor Account. A Member shall upload a Work through his or her Contributor Account, and such Work shall be subject to an applicable Upload Agreement based on criteria specified by the Member as to exclusivity, permitted uses of the Work, and the like. The Member should also enter keywords and a description of the Work so that the Work can be categorized and be searched by the Website’s search engine.

Use of Works

You may only upload Works to or from the Website in accordance with the terms and conditions of this Agreement and of an applicable Upload Agreement.

Membership Account

You acknowledge and agree that you are to keep confidential the Contributor Name and Account provided by BOAS to you, and the Password selected by you and approved by BOAS for use with such Contributor Name and Account. Your Contributor Name, Contributor Account and Contributor Password are personal to you and may not be shared with, or transferred to, any other person or entity.

You acknowledge and agree that you will be solely responsible for each and every use of your Contributor Account, Contributor Name and Corresponding Password, and that BOAS may rely on the use of your Contributor Account, Contributor Name or Contributor Password as conclusive evidence that you have used the Website.

Restrictions

You agree that you shall not use the Website in any manner that is not permitted by this Agreement or that violates any law, regulation or statute in an applicable jurisdiction.

Internal Review Board: All works should comply with Internal Review Board regulations, known as the Common Rule which applies to all research, private or public, involving human participants. The Common Rule affects, among others, ethnographic research and related social science research.

BOAS does not permit copyright infringing activities and infringement of intellectual property rights on its website, and BOAS will remove all Works if properly notified that such Work infringes on another’s intellectual property rights. BOAS reserves the right to remove Works without prior notice. BOAS will terminate a user’s access to its Website if the user is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice.

You shall not upload or post onto the Website, or use the Website to transfer, any Work or other material or content that is libelous or slanderous or otherwise defamatory, obscene or indecent.

You shall not upload or post onto the Website, or use the Website to transfer, any Work or other material or content that contains or constitutes viruses, worms, Trojan horses or other code with malicious, disruptive and/or destructive features. You shall not to attempt to gain unauthorized access to any hardware or software systems or networks associated with the Website, or obtain any services or information not intentionally made available to you by BOAS on or through the Website. You shall not attempt to gain unauthorized access to the Membership Account of any other person or entity, or otherwise interfere with any other person’s or entity’s use, of the Website. You shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Website, including, without limitation, with respect to the origin or source of any Work or other material or content that you upload or any identifying information for your Membership Account.

BOAS reserves the right to decide whether any Work is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. BOAS may remove any such Work and/or terminate a user’s access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.

You may not use the Website in a fraudulent manner, or otherwise in a manner for which the Website is not reasonably intended to be used. By way of example, and without limiting the generality of the foregoing statement, you will not download works for the primary purpose of artificially inflating the ranking of a given contributor or for the primary purpose of artificially triggering payments to contributors. A contributor, or someone else on his/her behalf, may not download Works that such contributor has uploaded.

General Acknowledgments and Agreements

Your use of the Website constitutes your acknowledgment and acceptance of the terms and conditions of this Agreement, and you shall be bound by such terms and conditions. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access any portions of the Website or use any services offered on the Website.

BOAS shall have the right, in its sole discretion, to amend the terms and conditions of this Agreement, in whole or in part, at any time, and any such changes shall be effective immediately upon member notification and publication of such changes on the Website. Your continued use of the Website after the effectiveness of such changes and notice constitutes your acknowledgment and acceptance of the terms and conditions of this Agreement, as so amended. If you do not agree to be bound by the terms and conditions of this Agreement as so amended, do not use or access the Website.

If at any time the terms and conditions of this Agreement are no longer acceptable to you, whether or not as a result of an amendment by BOAS, do not use the Website.

Liability

The Service is provided for informational purposes only. The Service should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use. 

BOAS Network does not routinely monitor the postings to the Service, BOAS Network reserves the right (but assumes no obligation) to delete, move, or edit any Your Content that comes to its attention that BOAS Network considers in its sole discretion to be unacceptable or inappropriate, whether for legal or other reasons. Conduct by any user that, at the sole discretion of BOAS Network, restricts or inhibits any other user from using or enjoying the Service will not be permitted. BOAS Network reserves the right to refuse access to the Service to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms, any other operating rules or terms currently posted on the Service, or any of the copyright or trademark laws of the United States.

The Service may provide, or third parties may provide, links to other sites or resources. Because BOAS Network has no control over such sites and resources, you acknowledge and agree that BOAS Network is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that BOAS Network shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.

Your interactions with companies, organizations and/or individuals found on or through our Service, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that BOAS Network will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Service, or between a user and any third party, BOAS Network is under no obligation to become involved, and you agree to release BOAS Network and its affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or the Service.

Management and Operation of the Website

You acknowledge and agree that BOAS has no obligation to review any Works or other material or content uploaded or posted onto the Website, and shall have no responsibility for any such Works or other material or content. BOAS shall have the right, in its sole discretion, to accept or deny, delete, move or edit any Works or other material or content uploaded or posted onto the Website. If you upload or post any Works or other material or content onto the Website, or any Works or other material or content is uploaded or posted onto the Website using your Contributor Name or otherwise through your Membership Account, you remain solely responsible for such Works or other material or content.

You acknowledge and agree that BOAS shall have no responsibility for any material or content on other websites to which you may hyperlink or otherwise access from the Website, including any web log, comments to any web log, or any forum on the Website. You acknowledge and agree that BOAS shall have no responsibility for any material or content on websites from which you may be hyperlinked or otherwise be directed to the Website.

BOAS reserves the right, in its sole discretion, to change or discontinue any or all of the services on the Website at any time. You acknowledge and agree that BOAS has no obligation to make, or continue to make, the Website or any particular portion or related service available to you (whether or not such unavailability is voluntary on the part of BOAS). BOAS reserves the right, in its sole discretion, to suspend or terminate your Membership Account at any time, including, without limitation, your Membership Name and Membership Password.

You acknowledge and agree that BOAS may store personal and certain other information about you on your computer in the form of “cookies”. Such use of cookies is solely in connection with the operation of the Website. You acknowledge and agree that if you prohibit or restrict the placement of cookies on your computer, such prohibition or restriction may have an adverse effect on your use of the Website. You acknowledge and agree that BOAS may also store personal information about you on its computers within or outside the U.S. By using this Website you acknowledge and agree that BOAS may, in its sole discretion, preserve or disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce this Agreement; respond to claims that any Work violates the rights of third-parties; or to protect the rights, property, or personal safety of BOAS, its users or the general public.

Your Conduct

BOAS Network wants to encourage an open exchange of information and ideas on the Service. You can expect the Service to include information and opinions from a variety of individuals and organizations other than BOAS Network. BOAS Network neither endorses nor guarantees the accuracy of any of Your Content. BOAS Network may review Your Content from time to time and may take steps to remove inappropriate Your Content that comes to its attention; however, BOAS Network engages in no routine monitoring of Your Content on the Service. There is no substitute for healthy skepticism and your own good judgment. 

You agree to assume full and sole responsibility for any Your Content you post to the Service, and you agree to:

  1. Abide by the BOAS Network Community Rules (which are fully incorporated into these Terms);
  2. Post Your Content that is relevant to and appropriate for the specific topic and designed to help people share information and supports BOAS Network’s mission of inspiring people to care about the world;
  3. Represent that you are the owner of Your Content, or are making your submission with express consent of the owner, that you have obtained all third party releases and permissions necessary for BOAS Network’s use, in accordance with the license you grant in paragraph 5 of Intellectual Property Issues above, of any Your Content that you post, and nothing you post will infringe on the rights of others;
  4. Neither post nor transmit any unlawful, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive Your Content, or Your Content that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or any otherYour Content that infringes on the ability of others to enjoy the Service or is otherwise inappropriate;
  5. Refrain from posting any personal information of your own such as your email address, phone number, address, etc., and refrain from soliciting personal information from any user. However, if you do choose to post any personal information it means that you are making that information public and allowing everyone to use and access that information, and to associate it with you (i.e. your user name and if applicable any profile photo);
  6. Neither post nor transmit through the Service any Your Content that constitutes advertising or solicitation with respect to any product or service;
  7. Not post anonymously or impersonate any other person;
  8. Use no automated means, including spiders, robots, offline readers, crawlers, data mining tools, or the like to download or store data from the Service. Exception is made for publicly available Internet search engines (e.g., Google, Bing) and non-commercial public archives (e.g., archive.org) that comply with our Terms of Service but not for any archive that hosts, promotes, or links primarily to infringing or unauthorized content; and
  9. Not to alter or modify any part of the Service, make no use that would interfere with or disrupt the Service or servers or networks connected to the Service, make none of Your Content available (whether through upload, post, email, transmit, or otherwise) 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, and neither circumvent nor disable any security or data-protection measures implemented by BOAS Network.
  10. Not to translate, reverse engineer, decompile, disassemble, or attempt to discover any source code or underlying ideas or algorithms of the object code of any portion of the Service

You must provide and are solely responsible for all hardware and/or software necessary to access the Service. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software

Indemnification

You agree to indemnify, defend, and hold harmless BOAS Network; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Service from and against all losses, expenses, damages, and costs, including attorneys’ fees, resulting from any violation of these Terms. BOAS Network reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with BOAS Network.

Limitations and Disclaimer

You agree that neither BOAS nor its affiliates, nor any of their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (other than yourself, as applicable), shall be liable for any damages, whether direct, incidental, indirect or consequential, arising from any use by you of the Website, even if such parties have been advised, or advised of the possibility, of such damages.

Notification of Claims of Infringement

If you are a copyright owner or an agent thereof and believe that any user Work or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit BOAS Network to locate the material;
  4. Information reasonably sufficient to permit BOAS to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Limitations and Disclaimer

You agree that neither BOAS nor its affiliates, nor any of their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (other than yourself, as applicable), shall be liable for any damages, whether direct, incidental, indirect or consequential, arising from any use by you of the Website, even if such parties have been advised, or advised of the possibility, of such damages.

BOAS shall have no responsibility for any Works or other material or content uploaded or posted onto the Website, including, without limitation any material or content uploaded or posted by any Member onto the Website in any forum or as any comment to a web log.

Suspension, Term and Termination

This Agreement shall continue in perpetuity unless terminated in accordance with this Section 12. BOAS at any time may terminate this Agreement in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under this Agreement, or for inactivity by you with respect to use of the Website. You may at any time terminate this Agreement by logging into your Contributor Account on the Website and then sending a termination request to BOAS. In the event termination is by BOAS, BOAS shall notify you of such termination. BOAS reserves the right, in its sole discretion, to terminate your Membership Account at any time, including, without limitation, deactivating your Membership Name and Membership Password.

Upon any termination of this Agreement, your Contributor Account shall be canceled and closed and your Contributor Name and Contributor Password shall be deactivated.

BOAS reserves the right, in its sole discretion, to suspend your Contributor Account at any time and for any length of time.

Standards

At BOAS, we strive to educate our members about achieving and maintaining high standards in the use of photographic images through good judgment and the application of relevant, recognized principles and standards. The purpose of this Section is to outline BOAS’s expectations of its members regarding human rights, with a specific focus on children’s rights, in its business practices. This Section is in addition to, and does not derogate from, any other policies or agreements binding on our members, including any provisions in this Agreement.
BOAS has a zero-tolerance policy related to inappropriate images of children. In its role as a marketplace for the uploading and downloading of images, if BOAS becomes aware of any such inappropriate images of children it may take one or more of the of the following actions (in addition to any other actions it may deem appropriate):

  • Alert the appropriate law enforcement authorities
  • Remove the images of concern from all BOAS libraries and servers
  • Suspend or delete the account of the providers and users of such photos
  • To support its efforts, BOAS has established and maintains a mechanism by which users of its services can alert BOAS staff regarding any images of concern, including inappropriate images of children. To provide feedback or to alert BOAS of an image of concern, please contact us at [email protected]