Terms and conditions

It is your responsibility to read these Terms and Condition before using the Bossa Live website ("Website"). By using the Website you signify your consent and agreement to these Terms and Conditions.

Please check these Terms and Conditions periodically for any changes. The continued use of the Website following the posting of changes to these Terms and Conditions will mean that you accept such changes.

 

1. Ownership

The Website is owned by Swami Systems LLC ("Bossa Live").The content and service provided on the Website including graphics, code, text products, software, audio, music and design is owned or licensed by Bossa Live. Certain third party copyright materials and works are included on the Website including those works or materials belonging to licensors of Bossa Live. You agree that the tracks, musical works, compositions and other materials are protected by international intellectual property law.

 

2. Use of the Website

You are granted a limited, personal, non-exclusive, revocable, license to use the Website. You agree that you may not download, reproduce, modify, display, perform, transfer, distribute or otherwise use the Bossa Live Materials, except as provided under these Terms and Conditions, and you agree to take all reasonable steps to prevent the unauthorized use of the Bossa Live Materials.

No material from the Website may be modified, copied, reproduced, re-published, uploaded, posted, broadcasted, publicly performed, transmitted, re-transmitted or distributed in any way. Any such use is strictly prohibited and will constitute an infringement of the copyright and other intellectual property rights of Bossa Live or in the case of material licensed to Bossa Live the owner of such materials. You agree not to delete, change or modify in any way the copyright notices or trade marks contained on the Website.

For the avoidance of doubt you will not obtain any ownership interest in the Bossa Live Materials, the Bossa Live Service or any other materials contained on the Website, whether through these Terms and Conditions or otherwise. You agree that your use of the Bossa Live Service is for your own personal use and must not be used for any commercial purpose.

You agree not to place any libelous, defamatory, illegal or offensive material on the Website.

 

3. Control

Bossa Live uses reasonable endeavors to monitor the Website but cannot be held responsible for the accuracy or reliability of any statement, opinion, or advice made on the Website or for any libelous, defamatory, illegal or offensive conduct by any customer. You agree to notify Bossa Live of any such conduct which comes to your attention. You agree that Bossa Live including any appointed personnel may at any time without notice:

• Move or suspend the Website in whole or in part; and
• Disclose any material or content contained on the Website if it considers it necessary to enforce these Terms and Conditions.

We do our best to ensure that information on the site is correct but in no circumstance do we accept any liability whatsoever for error or omission.

 

4. Indemnity

You agree to indemnify and hold (Swamisystems LLC) Bossalive.com, 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 Bossa Live Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Bossa Live Website or through the Bossa Live Services causes BossaLive.com to be liable to another.

 

5. Termination

Your right to use the Website will be suspended or terminated immediately without notice by Bossa Live if in its sole discretion you fail to comply with any term or provision of these Terms and Conditions. On termination you must destroy all materials and associated documentation obtained from the Website and all copies of such materials.

 

6. Member Disputes.

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

 

7. Privacy.

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

 

8. Disclaimers.

BossaLive.com is not responsible for any incorrect or inaccurate Content posted on the Bossa Live Website or in connection with the Bossa Live Services, whether caused by Users of the Bossa Live Services or by any of the equipment or programming associated with or utilized in the Bossa Live Services. Profiles created and posted by Members on the Bossa Live Website may contain links to other websites. BossaLive.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by BossaLive.com. Inclusion of any linked website on the Bossa Live Services does not imply approval or endorsement of the linked website by BossaLive.com. When you access these third-party sites, you do so at your own risk. BossaLive.com takes no responsibility for third party advertisements which are posted on this Bossa Live Website or through the Bossa Live Services, nor does it take any responsibility for the goods or services provided by its advertisers. BossaLive.com is not responsible for the conduct, whether online or offline, of any User of the Bossa Live Services. BossaLive.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. BossaLive.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Bossa Live Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Bossa Live Services. Under no circumstances shall BossaLive.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Bossa Live Services, attendance at a BossaLive.com event, from any Content posted on or through the Bossa Live Services, or from the conduct of any Users of the Bossa Live Services, whether online or offline. The Bossa Live Services are provided "AS-IS" and as available and BossaLive.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BossaLive.com cannot guarantee and does not promise any specific results from use of the Bossa Live Services.

 

9. Limitation on Liability.

IN NO EVENT SHALL BOSSALIVE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF BOSSALIVE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BOSSALIVE.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BOSSALIVE.COM FOR THE BOSSALIVE SERVICES DURING THE TERM OF MEMBERSHIP.

 

10. U.S. Export Controls.

Software available in connection with the Bossa Live Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Bossa Live Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

 

11. Miscellaneous

There will be occasions when the Website will be interrupted whether for maintenance, upgrades and emergency repairs or otherwise and you agree that Bossa Live shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website. Bossa Live is not responsible for any disruption whatever inherent in the operation of the Internet and World Wide Web including viruses or otherwise.

These Terms and Conditions (as revised from time to time) and associated information contained on the Website contain the full and complete understanding between the parties and supersede all prior arrangements and understandings whether written or oral appertaining to the subject matter of these Terms and Conditions. Bossa reserves the right to amend and/or vary these Terms and Conditions from time to time in its entire discretion.

These Terms and Conditions and all representations, obligations, undertakings and warranties contained in it shall ensure for the benefit of any successor and assignees of Bossa Live.

 

12. Disputes.

If there is any dispute about or involving the Bossa Live Services, you agree that the dispute shall be governed by the laws of the State of Oregon, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Oregon, City of Portland. Either BossaLive.com or you may demand that any dispute between BossaLive.com and you about or involving the Bossa Live Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Portland, Oregon, USA, provided that the foregoing shall not prevent BossaLive.com from seeking injunctive relief in a court of competent jurisdiction.

 

13. Other.

This Agreement is accepted upon your use of the Bossa Live Website or any of the Bossa Live Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and BossaLive.com regarding the use of the Bossa Live Services. The failure of BossaLive.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. BossaLive.com is a trademark of Swami Systems Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.