Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

By using BoomBoomCards.com web site (the 'Web Site', BB!C), you are deemed to have agreed to these Terms and Conditions of use. BB!C may change the Terms and Conditions from time to time and at any time and without actual notice to you. All such changes to these Terms and Conditions will appear on the Web Site. By using this site aer we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, your only recourse is to immediately discontinue the use of this site. ALL OF THE POSTS AND ANY OTHER MEDIA/TEXT HEREIN, UNLESS OTHERWISE NOTED, ARE COPYRIGHTED BY BOOM BOOM! REVOLUTION, INC. NO PART OF THIS SITE, OR ANY OF THE CONTENT CONTAINED HEREIN, MAY BE USED OR REPRODUCED IN ANY MANNER WHATSOEVER WITHOUT EXPRESSED PERMISSION OF THE COPYRIGHT HOLDER.

MODIFICATION OF TERMS OF USE

BB!C reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email. BB!C may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

WARRANTY DISCLAIMER

BB!C has no special relationship with or fiduciary duty to you. You acknowledge that BB!C has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what facts the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release BB!C from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Con- tent contained in or accessed through the Site, and BB!C will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BB!C, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUP- PLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICU- LAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Company will not be liable for the privacy of email addresses, registra- tion and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company's equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

USER CONDUCT

This Web Site and any communications service, including the capability to contribute material through the contribution form (each such submission, a 'Contribution') message board, newsgroup, or other interactive service that may be available to you on or through this site (collectively, the 'Services') are provided to you solely for entertainment purposes. By using the Web Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, BB!C reserves the right to terminate your subscription and refuse any and all current or future use of the Services. Without limitation of the foregoing, you agree to not use the Web Site or Services to:

• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photo- graphs, graphics, video, messages or other materials, including any Contribution, (collectively, 'Content'), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful;
• 'Stalk' another;
• Harm minors in any way;
• Impersonate any person or entity, including, but not limited to, a BB!C oicial, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Web Site;
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential informa- tion learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promo- tional materials, 'junk mail,' 'Spam,' 'chain letters,' 'pyramid schemes,' or any other form of solicitation;
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains soware viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer soware or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;
• Act in a manner that negatively affects other users' ability to engage in the Web Site or Services;
• Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Web Site or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise aect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple sub- scriptions under the same name;
• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, proce- dures, policies or regulations of networks connected to the Service; or
• Intentionally or unintentionally violate any applicable local, state, national or international law.

You also agree that you will not harvest, collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

Furthermore, you understand that BB!C shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibili- ty of the person from which such content originated and that BB!C will not be liable for any errors or omissions in any content; and that BB ! C cannot guarantee the identity of any other users with whom you may interact in the course of using the Service. BB!C does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsi- ble for any damage or loss to any party resulting there from.

TERMINATION

BB!C may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective imme- diately, which may result in the forfeiture and destruction of all information associated with your membership. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use, which by their nature should survive termination, shall survive termination, includ- ing, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You acknowledge that BB!C is not responsible for material submitted to BB!C or posted to the Web Site by users. BB!C does not pre-screen, monitor, review or edit the Content posted by users. However, BB!C and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in BB!C judgment, does not comply with these Terms and Conditions or is otherwise undesir- able, inappropriate or inaccurate. BB!C is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Con- tribution or part thereof, or other communication to BB!C. You agree to immediately notify BB!C of any unauthorized use of the Service or any other breach of security known or suspected by you. You acknowledge and agree that BB!C may, but is in no event obligated to, pre- serve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of BB!C, its users or the public. You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various net- works; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. BB!C assumes no responsibil- ity for the deletion or failure to store postings, Contributions or other information submitted by you or other users to the Web Site. Any or all Content on the Web Site may be purged from time to time in BB!C's sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materi- als created by BB!C or submitted to BB!C, including Content. You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect the views of BB!C, and BB!C does not support or endorse Content (including any Contribution, whether or not edited by BB!C or its designee or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User. Furthermore, BB!C is not an ailiate of any particular religious and/or political groups and does not intend or in any way desire to promote or otherwise endorse such, therefore BB!C reserves the right to remove any posts that espouse religious and/or political statements, view point or opinions and that BB!C may consider inflammatory and/or inappropriate.

RESTRICTIONS ON USE OF MATERIAL

The content on this Web Site is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Web Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us — and from all other entities with an interest in the relevant intellectual property — may you publish, display or commercially exploit any material from the Web Site. To seek our permission, you may write to us at our address provided below. If permission is granted by us and by all other entities with an interest in the relevant intellectu- al property, you may not change or delete any author attribution, trademark, legend or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the Web Site.

Unsolicited Materials
In operating this site, BB!C does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site or BB!C mail and e-mail addresses, or in any other way. Any information or material submitted or sent to BB!C, will be deemed not to be confidential or secret. By submitting or sending information or other material to BB!C you represent and warrant that the information is original to you and that no other party has any rights to the material.

User's Grant Of Limited License
By communicating with BB!C, including submitting or sending Content, a Contribution or other information or material to the Web Site, you grant BB!C the royalty-free, unrestricted, world-wide, perpetual, irrevocable, exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a BB!C feature to be published on the Site or in other outlets, including and/or not limited to news/magazine arti- cles, video/audio features or books. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to BB!C. You also warrant that any "moral rights" in posted materials have been waived.

LINKED SITES

You may be able to link to third parties' Web Sites ("Linked Sites") from the Web Site or any other BB!C website. Linked Sites are not, however, reviewed, controlled, or examined by BB!C in any way and BB!C is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply BB!C's endorse- ment of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall BB!C be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. BB!C reserves the exclusive right, at its sole discre- tion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce dierent features or links to dierent users. Permission must be granted by us for any type of link to the Web Site. To seek our permission, you may write to BB!C. We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Web Site, at our discretion at any time.

CONTESTS, PROMOTIONS, SIMULATIONS OR GAMES

From time to time, BB!C may oer as part of the Services, either on or through the Web Site, contests, promotions, simulations or games (collectively, "Games"). To participate in Games, players may be required to complete a registration form. Upon submission, all registra- tions become the exclusive property of BB!C. Registered users (each, a "Registered User") are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Game, unless the description of the Game expressly invites a user to register multiple times. BB!C, at its sole discretion, may suspend or revoke the registration of any Registered User. Regis- tered Users agree to release BB!C and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation inthe BB!C the Web Site. BB!C is not responsible for technical, hardware or soware failures of any kind, lost or unavailable network con- nections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User's ability to participate. Each Registered User agrees to be bound by the rules herein and consideration of fellow Registered Users. A Registered User who violates any of the rules or guidelines for behavior published on the Web Site are subject to immediate disqualification and revocation of their registration. BB!C reserves the right to cancel, terminate or alter the site and its use at any time without prior notification.

INTELLECTUAL PROPERTY RIGHTS

All materials contained in this Web Site are the copyrighted property of BB!C and its ailiates or licensors. As between BB!C and you, BB! C is the sole owner of all content on the Web Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trade- marks, and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. You may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.

PARENTAL PERMISSION

This Web Site is not intended to be a children's site. BB!C may, at its discretion, require users under 13 to obtain the consent of a parent or guardian to view certain content, and BB!C may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

PRIVACY POLICY

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our privacy policy.

DISCLAIMER OF WARRANTIES

THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, BB!C SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OM- MISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UN- AUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. BB!C DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROP- ERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. BB!C DOES NOT WARRANT OR MAKE ANY REP- RESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (AND NOT BB!C OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL BB!C, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF BB!C OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BB!C'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

Upon a request by BB!C you agree to defend, indemnify and hold BB!C, its ailiates, oicers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use or misuse of the Web Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other mate- rials by you or users authorized by you or any violation of these Terms and Conditions by you. BB!C reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with BB!C in asserting any available defense.

COPYRIGHTS AND COPYRIGHT AGENTS

We respect the intellectual property rights of others, and require that the people who use the web Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

• Your username, address, telephone number, and e-mail address
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agents
Contact only for copyright matters. For all other inquiries, please contact us here: info (at) boomboomcards (dot) com) Boom Boom! Revo- lution 230 Fern Street, Santa Cruz, CA 95060

APPLICABLE LAWS / JURISDICTION

You agree that the laws of the State of California, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Web Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with BB!C or relating in any way to your use of the Web Site resides in the courts of the State of Cali- fornia, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California, in con- nection with any such dispute and including any claim involving BB!C or its ailiates, subsidiaries, employees, contractors, oicers, direc- tors, telecommunication providers and content providers. We control and operate this site from our oices in Santa Cruz, California. We do not represent that materials on the site are appropriate or available in all geographic locations, and accessing such from certain loca- tions may be illegal and prohibited. Persons who choose to access this site from other locations do so on their own initiative, and we are not responsible for compliance with local laws or other applicable laws. You will not access the foregoing where prohibited by law. Any inquiries concerning these terms and conditions of use should be directed to info (at) boomboomcards (dot) com.

DISPUTE RESOLUTION

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceed- ings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and BB!C agree that any cause of action arising out of or related to the Service must commence within one (1) year aer the cause of action arose; otherwise, such cause of action is permanently barred. The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in eect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under these Terms of Use shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Northern District of California. Use of the Service is not authorized in any jurisdiction that does not give eect to all provisions of the Terms of Use, including without limitation, this section.

INTEGRATION AND SEVERABILITY

The Terms of Use are the entire agreement between you and BB!C with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and BB!C with respect to the Web Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the mini- mum extent necessary so that the Terms of Use will otherwise remain in full force and eect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

MISCELLANEOUS

BB!C shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond BB!C's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). The Terms of Use are personal to you, and are not assignable, transferable or sub licensable by you except with BB!C 's prior written consent. BB!C may assign, transfer or delegate any of its rights and obligations hereunder without receiving your consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any author- ity of any kind to bind the other in any respect. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day aer it is sent, if sent for next day delivery by recognized overnight delivery service.

PROVISIONS UNENFORCEABLE OR INVALID

If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If you have any questions about this policy or our site in general, please contact us at info (at) boomboomcards (dot) com.