AGREEMENT BETWEEN USER AND shiBoom.com

This Web site is offered to you, customer and/or user, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices.

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REGISTER FOR THE SERVICE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY US AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU.

1. ACCEPTANCE OF TERMS

Welcome to shiBoom.com. shiBoom.com provides its service to you, subject to the following Terms of Service ("TOS"). By registering and accepting the TOS, you become a shiBoom.com member (a "Member"), and you agree to be bound by this TOS for as long as you continue to be a Member. In addition, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. DESCRIPTION OF SERVICE

shiBoom.com currently provides users with access to communications tools and personalized content through this website (the "Service").

You also understand and agree that the Service may include the following:

· Certain communications from shiBoom.com, such as service announcements, promotional and/or administrative messages and the shiBoom.com Newsletter, and that these communications are considered part of shiBoom.com membership and YOU WILL NOT BE ABLE TO OPT OUT OF RECEIVING THEM.

· Advertisements.

· Any new features that enhance the current Service.

3. REGISTRATION AND SUBSCRIPTION

Although you may register as a Member of the Service for free, if you wish to have access to or use certain features and other parts of the Service, you must become a subscriber and pay the fees that are set out in our price list. This price list is part of this TOS. We may change any fees for using the Service. You must register for the Service to become a Member. When you register to become a Member, you agree to provide accurate, current and complete information about yourself as prompted by our Service registration form ("Registration Data"), and to maintain and update your information to keep it accurate, current and complete. You agree that we may rely on your Registration Data as accurate, current and complete. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and your use of the Service and you shall not be eligible for a refund for any unused subscription fees.

4. shiBoom.com PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy

5. DELIVERY OF SERVICE

You understand and agree that the Service is provided "AS-IS" and that shiBoom.com assumes no responsibility for the timeliness, deletion, non-delivery or failure to store any user communications, personalization settings, updates, or content.

6. MODIFICATIONS TO SERVICE

shiBoom.com reserves the right at any time and from time to time to modify or discontinue the Service (or any part thereof) with or without notice. You agree that shiBoom.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

7. YOUR USE OF THE SERVICE

Your use of the service is strictly at your own risk and you are solely responsible for your contact, whether it be written, verbal or in person, with any other Member of the Service. The Owner and its officers, directors, employees, agents, and third parties assume no responsibility whatsoever for harm that may come to you as a result of your contact (of any form) with any other Member of the Service (including but not limited to emotional, verbal and physical abuse or assault).

You acknowledge that shiBoom.com may not pre-screen Content, but that shiBoom.com shall have the right (but not the obligation) in their sole discretion to refuse, move or remove any Content that is available via the Service.

You are solely responsible for the content or information you publish or display on the Service, or transmit to other Members.

You will not communicate, publish or display to any other Member any form of defamatory, inaccurate, abusive, obscene, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will use the Service in a manner consistent with any and all applicable laws and regulations.

You will not in any way copy, modify, publish, transmit, display, sell, distribute or reproduce copyrighted material, trademarks or other protected proprietary information without the express written consent of the owner of such materials.

You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters, junk E-mail or computer virus to other Members.

You will not engage in any form of harassment, offensive or abusive behavior of any kind whatsoever that may be harmful to any other Member of the Service (including but not limited to physical and emotional damage).

You will not include any contact information of yourself or another person in your profile, such as telephone numbers, street addresses, lastnames, URL's or E-mail addresses other than where asked for it in the Confidential Personal Information section.

You will not include in your profile any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information.

We reserve the right, but we have no obligation, to reject any profile or photo that does not comply with these prohibitions and we shall not refund you unused subscription fees.

You acknowledge that shiBoom.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service, the maximum disk space that will be allotted on shiBoom.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service (or parts of it) in a given period of time. You agree that shiBoom.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that shiBoom.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that shiBoom.com reserves the right to modify these general practices and limits from time to time.

You acknowledge, consent and agree that shiBoom.com may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of shiBoom.com, its users and the public.

8. CONTENT SUBMITTED FOR INCLUSION ON THE SERVICE

In reference to Content you submit or make available for inclusion on publicly accessible areas of the Service, you warrant and represent to us that the information in your profile is posted by you and that you are the sole author of your profile. You assign to us with full title guarantee all copyright in your profile. You waive absolutely any and all moral right to be identified as author of your profile and any similar rights in any jurisdiction.

"Publicly accessible" areas of the Service are those areas of shiBoom.com that are intended by shiBoom.com to be available to the general public.

By posting information or content to any of the Service's public area, You automatically grant, and you represent and warrant that you have the right to grant, to shiBoom.com an irrevocable, perpetual, world-wide, royalty free, fully-paid, non-exclusive license(s) to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

9. INDEMNITY

You agree to defend, indemnify and hold shiBoom.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

10. NO UNLAWFUL OR PROHIBITED USE OF THE SERVICE

As a condition of your use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

11. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your shiBoom.com I.D.), use of the Service, or access to the Service.

12. TERM AND TERMINATION

This Agreement will remain in full force and effect while you use the Service and/or are a Member. You may terminate your membership at any time, for any reason, by following the instructions on the Service, or upon receipt by us of your written or email notice of termination.

You agree that shiBoom.com may, under certain circumstances and without prior notice, immediately terminate your shiBoom.com account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your shiBoom.com account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in shiBoom.com's sole discretion and that shiBoom.com shall not be liable to you or any third-party for any termination of your account or access to the Service.

Even after termination of membership, this Agreement will remain in effect.

13. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that shiBoom.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

14. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because shiBoom.com has no control over such sites and resources, you acknowledge and agree that shiBoom.com 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 shiBoom.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

15. shiBoom.com PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by shiBoom.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

shiBoom.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by shiBoom.com for use in accessing the Service.

16. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. shiBoom.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. shiBoom.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM shiBoom.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

17. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT shiBoom.com SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF shiBoom.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

18. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

19. Promotional Items and Services. Promotional items and services are not transferrable and are not convertible to cash.

20. NOTICES

shiBoom.com may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.

21. DISPUTE RESOLUTION

This Agreement is governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Concorde. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

You certify that you read, understood and agree to be bound by the terms and conditions in this Agreement.