Terms of Use

IMPORTANT – PLEASE READ CAREFULLY BEFORE USING THE “NO BOOBS ABOUT IT”  WEBSITE (THE “SITE“) OR REGISTERING FOR USE OF THE SITE:  These Terms of Use are A LEGAL AGREEMENT between you (an individual) and the Campbell Development Group, LLC of the State of New York (“No Boobs About It”) for the use of the Site for education and entertainment, which includes computer software and including all information content and materials contained on the Site, (the “Materials“) (collectively, the “No Boobs About It Services“).  By using the Site you warrant that you have legal capacity to enter into this agreement.

“No Boobs About It” reserves the right to update, modify or change portions of these Terms of Use at any time. Please continue to check these Terms of Use on the Site for changes. It is understood that by continuing to play as a member or user of the Site following the posting of changes to these Terms of Use, you accept these changes. In the event of termination of use, membership or service, these Terms of Use as modified will remain in effect and enforced.

1 – ACCEPTANCE

1.1       ACCEPTANCEThe Site is offered for your own personal use on the condition that you accept these Terms of Use.  BY DOWNLOADING, COPYING, ACCESSING, OR OTHERWISE USING THE “NO BOOBS ABOUT IT” SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF USE, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE, COPY OR INSTALL THE SITE OR THE MATERIALS.

1.2       Consideration – You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged.  Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Site, the NO BOOBS ABOUT IT Services and receipt of data, materials and information available at or through the Site.

2 – REGISTRATION AND ACCESS

2.1       To access and use the Site or some of the information, content and materials available thereon, you may be required to register for a subscription with the Site.  By registering for use of the Site, you certify that the information you provide on the registration form is accurate and pertains only to you.

2.2       You are responsible for maintaining the confidentiality of your password.  Your password may not be shared with any other person.

2.3       You also agree to promptly notify “No Boobs About It” at info@noboobsaboutit.org of any unauthorized use of your user name, password, other account information or any other breach of security that you become aware of involving or relating to the Site.

3 – RESTRICTIONS ON USE

3.1       You shall not: (1) take any action that imposes an unreasonable load on the Site’s infrastructure, (2) use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, (3) attempt to adapt, modify, decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site, or (5) frame or link to any of the materials or information available from the Site.

3.2       You acknowledge that all intellectual property rights including, without limitation, copyright, trade marks, trade names, trade dress, logos, moral rights and all other forms or protection (whether or not registerable and including applications for registration) of a similar nature or having broadly equivalent effect anywhere in the world in the Site and Materials belong to the “NO BOOBS ABOUT IT” or its licensors or licensees and you agree that you shall have no rights or claim any rights in or to the Site and Materials other than the right to use them in accordance with the Terms of Use.  No right, title or interest to any trade marks, service marks or trade names of “NO BOOBS ABOUY IT” is granted by these Terms of Use.  ”NO BOOBS ABOUT IT” hereby reserves its right in its sole discretion to delete, alter, or transfer any and all information, content, materials  at any time without notice to you.

3.3       Except for the express, limited license granted herein, all right, title and interest in and title to the Site and Materials and all copies thereof is retained by “NO BOOBS ABOUT IT”.

3.4       You are authorized to access, use and copy information and materials available through the NO BOOBS ABOUT IT Service only for your personal use.  The information and materials, including pages and content, may not be copied distributed, modified, published or transmitted in any other manner, including for use for creative work or to sell or promote other products.  Violations of this policy may result in infringement of intellectual property and contractual rights of ”NO BOOBS ABOUT IT” or third parties, which is prohibited by law and could result in substantial civil and criminal penalties.

3.5       You may not:

(i)        make or use any copies of the Materials except for personal use;

(ii)        use the Site or Materials otherwise than in accordance with the express terms of these Terms of Use;

(iii)       permit any third party to use or access the Site in any way without “No Boobs About It” prior written consent; or

(iv)       create derivative works in any way based upon all or part of the Site or Materials.

3.6           You will ensure that all proprietary rights notices on the Materials are reproduced and applied to any copies of the same.

4 – ADVERTISEMNTS

4.1      Advertisements that appear on noboobsaboutit.com are sometimes delivered (or “served”) directly to users by third party advertisers. They automatically receive your IP address when this happens. These third party advertisers may also download cookies to your computer, or use other technologies such as JavaScript and “web beacons” (also known as “1×1 gifs”) to measure the effectiveness of their ads and to personalize advertising content. Doing this allows the advertising network to recognize your computer each time they send you an advertisement in order to measure the effectiveness of their ads and to personalize advertising content. In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are clicked. Neither Campbell Development Group nor Noboobsaboutit.com has access to or control of the cookies that may be placed by the third party advertisers. Third party advertisers have no access to your contact information stored on Site unless you choose to share it with them. This privacy policy covers the use of cookies by Campbell Development Group and Noboobsaboutit.com and does not cover the use of cookies or other tracking technologies by any of its advertisers.

5 – PARENTAL CONSENT

5.1       This Site is not directed at Children under the age of 13 years. Under the Children’s Online Privacy Protection Act (“COPPA”), parental consent is required for the online collection, use and/or disclosure of personal information obtained from a child under the age of thirteen (13).

6 – LIMITATION OF LIABILITY

6.1       USE OF THE NO BOOBS ABOUT IT SERVICES IS PROVIDED “AS IS, WHERE IS.”  ”NO BOOBS ABOUT IT” MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL.  THE CAMPBELL DEVELOPMENT GROUP, LLC, PRODUCER OF “NO BOOBS ABOUT IT”, DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO CAN DO SERVICES, AND ALL OTHER SERVICES, DELIVERABLES, MATERIALS AND OTHER ITEMS FURNISHED UNDER OR IN CONNECTION WITH THE SITE.  “NO BOOBS ABOUT IT” does not warrant that the use of the NO BOOBS ABOUT IT SERVICES will be uninterrupted or error free, that defects will be corrected, or that the site or the servers that make the site available are free of viruses or other harmful components.  Information and materials posted by the “NO BOOBS ABOUT IT”  are for general reference only and are not warranted to be free of errors, other deficiencies or potential interruptions.

6.2      ”NO BOOBS ABOUT IT” TOTAL LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE AND WHETHER IN CONNECTION WITH THIS SITE AND MATERIALS SHALL IN NO CIRCUMSTANCES EXCEED A SUM EQUAL TO THE TOTAL FEES ACTUALLY PAID BY YOU TO “NO BOOBS ABOUT IT” FOR ACCESSING THE SITE AND “NO BOOBS ABOUT IT” SHALL HAVE NO LIABILITY FOR ANY LOSSES OR DAMAGES WHICH MAY BE SUFFERED BY YOU OR ANY OTHER PARTY FOR LOSS OF DATA, LOSS OF PROFITS, ANTICIPATED SAVINGS, BUSINESS OPPORTUNITY OR GOODWILL OR OTHER SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF THE “NO BOOBS ABOUT IT” OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSIONS SET OUT HEREIN SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

7 – AMENDMENT

7.1       “No Boobs About It” reserves the right, in its sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes.  Your use of the Site following any amendment of these Terms of Use will signify and constitute your assent to and acceptance of such revised Terms of Use.

8 – TERM AND TERMINATION

8.1       These Terms of Use are effective as of the earliest date you download, install, copy, access or otherwise use the Site, Materials or “No Boobs About It” services (the “Effective Date“).

9 – GENERAL TERMS

9.1       These Terms of Use will be governed by and construed in accordance with the laws of the State of [New York], one of the United States of America, without giving effect to any conflict-of-laws provisions.  In such circumstances you further agree that any action in law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in the State of [New York] and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

9.2       If any provision of these Terms of Use is held invalid, all other provisions shall remain valid unless such validity would frustrate the purpose of these Terms of Use, and these Terms of Use shall be enforced to the full extent allowable under applicable law.

9.3       No forbearance or delay by the “No Boobs About It” Services in enforcing its rights shall prejudice or restrict the rights of “No Boobs About It” and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.

9.4       You may not sub-license or assign your subscription under these Terms of Use in whole or in part, without the prior written consent of the “No Boobs About It”. Any attempted sub-license or assignment by you is void.  The “No Boobs About It” may sub-license, assign, charge or otherwise transfer any of its rights or obligations under these Terms of Use.

9.5       These Terms of Use constitute the entire agreement between “No Boobs About It” and you with respect to their subject matter to the exclusion of any terms implied by law which may be excluded by contract.