THIS IS A CONTRACT. By using or visiting this web site (the "bopaboo Site" or "Site") or registering for this service, you represent and warrant that you have read, understand, and have the legal capacity to, and hereby accept and agree to be bound by, all the terms and conditions of this bopaboo Terms of Service Agreement (this "Agreement"). This Agreement is a legal agreement between you, either an individual or a single entity or your qualified legal representative ("You"), and bopaboo and describes the terms and conditions that cover the use of the bopaboo service ("Service") and the bopaboo Site.

1. Children

   1. Children Under 13. bopaboo does not knowingly collect, solicit or maintain personally identifiable information or non-personally identifiable information on its site from persons under 13 years of age, and no part of our site is directed to persons under 13. No one under age 13 is allowed to use the site or provide any personal information to or on our Site. If you are under 13 years of age, then please do not send any information about yourself to us, or register for, use, or access the Site at any time or in any manner. If you believe that we might have any information from or about a child under 13, please contact us at info@bopaboo.com.
   2. Between 13 and 18. If you are between the age of 13 and 18, you must obtain permission from your parent or guardian to use bopaboo, and you must have a parent assist in the completion of registration. In addition, if you are between the age of 13 and 18, you must affirm that you possess legal parental or guardian consent to use the Site and Service, and must affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in bopaboo's terms of service, and to abide by and comply with bopaboo's terms of service.

2. Changes to this Agreement.

   We reserve the right, at our sole discretion, to change, modify or otherwise alter this Agreement at any time. What constitutes a "material change" will be at the sole and exclusive discretion of bopaboo. You can find the most recent version of this Agreement at http://www.bopaboo.com/about/terms, with the date of last modification noted at the end. Modifications to this Agreement will become effective immediately when they are posted. Therefore, we encourage you to check the date of this Agreement whenever you visit the Site to check if it has been updated. You should review this Agreement on a regular basis to keep yourself up to date with any changes. If you do not agree to the revised Agreement, your sole recourse is to immediately stop all use of the Site and the Service. Your continued use of the Site or the Service following the posting of modifications will constitute your acceptance of the revised Agreement. Should you have any questions regarding the use of our Site, please contact us at: info@bopaboo.com.

3. Use of the Site and Service

   1. Your Account. Once you register for the Service, you will have a username, password and an account. Please note that bopaboo may opt to disallow or remove a particular username at its sole discretion. You may never use another's account without his/her permission. You are responsible for activity that occurs on your account and for maintaining the confidentiality of your password and account, which may not be shared with others. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify bopaboo of any unauthorized use of your account or any other breach of security known to you. Although bopaboo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of bopaboo or others due to such unauthorized use. Accounts are for personal, noncommercial use only. However, bopaboo reserves the right to allow particular users to use the Site or Service for commercial purposes pursuant to a separate written agreement. You may not use automated means, including spiders, robots, crawlers, data mining tools, or the like to sign on, use, or receive information through the Service or on the Site.
   2. bopaboo's Intellectual Property Rights. All content (with the exception of Member Content, as defined below and with the exception of Published Items, as defined below) of the bopaboo Site and Service including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content") are Copyright © 2008 bopaboo, LLC, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via third party Web sites or other networked computer environment) without the express prior written consent of bopaboo and/or its suppliers, affiliates, or licensors as applicable. All rights reserved. bopaboo, bopaboo.com, the bopaboo tagline and the bopaboo logo are, without limitation, trademarks, service marks or registered trademarks of bopaboo, and may not be copied, imitated, or used, in whole or in part, without bopaboo's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners. bopaboo may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site or the Service. Unless we have granted you licenses to our intellectual property in this Agreement, our providing You with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
   3. Member Content. bopaboo does not claim any ownership rights in any articles, information, materials, data, audio files, video files, other files, programs, photographs, concepts, communications, footage, ideas, opinions, and other materials ("Member Content") you post, store, or exchange through the bopaboo Site or Service; you continue to retain all ownership rights in such Member Content. Member Content is the sole responsibility of the person from which such Member Content originated. This means that You, and not bopaboo, are entirely responsible for all Member Content that You upload, post, email, transmit or otherwise make available through the Site or the Service. To the extent that bopaboo provides You with an opportunity to post, store and exchange Member Content, You agree to and hereby do grant, and You represent and warrant that You have the right to grant, bopaboo, its contractors, and the users of the bopaboo Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such Member Content on the bopaboo Site or Service. This license does not grant bopaboo the right to sell Member Content or otherwise distribute it outside of bopaboo's Site or Service; provided, however that streaming of content on third party Web sites via embedded widgets shall not be deemed a distribution outside of bopaboo's Site or Service. Member Content posted by users and other non-bopaboo contributors are generally not reviewed by bopaboo. Accordingly, bopaboo does not guarantee the accuracy, integrity or quality of such Member Content. bopaboo will have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require users to remove all content that bopaboo, in its sole discretion, deems to be (a) inconsistent with bopaboo's strategic mission and vision (including but not limited to content that contains undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, or discrimination of any sort) and/or this Agreement; or (b) possibly in violation of applicable law. In addition, bopaboo has the right to remove any content if bopaboo has reason to believe that displaying such content may infringe the rights of a third party or subject bopaboo to expense or liability. Please notify us at violations@bopaboo.com of any content that You believe might violate applicable law or your intellectual property rights or contain undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. bopaboo reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit bopaboo's response to a future complaint. You acknowledge and agree that bopaboo will not assume or have any liability for any action or inaction by bopaboo with respect to any Member Content.
   4. Published Items. Members may have the ability to purchase copies of audio files, video files, and other digital media (collectively "Published Items") through the bopaboo Service. Published Items that are labeled as original copies (or with words of similar import) are copies of the gold disc or master copy as made available by the publisher of such Published Items (each, an "Original Published Item"). Members may have the ability to sell a unique copy of a Published Item through the bopaboo Service and the ability to purchase a unique copy of a Publi