THEGLOBECOLLECTION.COM TERMS OF USE

We welcome you to the Boston Globe on-line store destination, www.theglobecollection.com  (the “Site”).  As used in these Terms of Use, “BGMP”, “us”, “our” or “we” refers to Boston Globe Media Partners, LLC and its subsidiaries and affiliates.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE.

Should you choose to use the Site, you agree to abide by the following terms and conditions.  We reserve the right, at any time, to change, add or remove portions of these Terms of Use, which changes shall be immediately effective.  If at any time you do not agree to these Terms of Use, please do not use this site.

SITE CONTENT

All content and services on the Site are intended for your personal and non-commercial use.  All materials published and sold on the Site are protected by copyright, trademark, patent or other proprietary rights.  BGMP, its suppliers and licensors expressly reserve all intellectual property rights in and to the Site content.

SITE ACCESS AND PROHIBITED USES

Subject to your strict compliance with these Terms of Use, you are granted a limited license to access and make personal use of the Site and the Site content and materials for NON-COMMERCIAL PURPOSES ONLY.  The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.

PROHIBITED USES OF THE SITE

Whether on behalf of yourself or on behalf of a third party, you cannot make any use of this Site for unlawful purposes or in violation of these Terms of Use, including without limitation:

a.     Re-sale of items or any other commercial use of the Site or any of its contents;

b.     Collection of any product listings, descriptions or process;

c.     Downloading or copying any account information or Site content for the benefit of another merchant;

d.     Aggregation of data for any commercial purpose;

e.     Framing or using other framing methods to enclose trademarks or other proprietary information of BGMP;

f.      Using meta-tags or other hidden text using BGMP name or trademarks;

g.     Misrepresenting the identity of a user, impersonating any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or expressly or impliedly indicating that we endorse any statement you make;

h.     Using a buying agent to conduct transactions on the Site

i.      Tampering with the Site or using or attempting to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site

j.      Using the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity

k.     Modifying, adapting, translating, reverse engineering, decompiling, or disassembling any portion of the Site;

l.      Removing any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.

PRODUCT DESCRIPTIONS

We have taken reasonable efforts to ensure that all product descriptions and any information contained on the Site are accurate.  However, all information is provided "as is" without any express or implied warranties, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL BGMP BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OR PERFORMANCE OF OR CONTENT ERRORS OR OMISSIONS IN THE INFORMATION, EVEN IF NOTIFIED IN ADVANCE OF THE POTENTIAL FOR SUCH DAMAGES.

 

AVAILABILITY AND INACCURACIES

Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed.

We diligently attempt to describe and display the Site content and services as accurately as possible. There are times, however, when despite our diligent efforts, some content on the Site may be mispriced, described inaccurately, or unavailable.  As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services.  In such event, we apologize for any inconvenience.

PURCHASES

When  making a purchase on the Site  you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to BGMP the right to provide such information to third parties for purposes of facilitating the completion of purchases initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any purchase.  We are diligent about protecting your privacy.  Click here for our Privacy Policy

 

RETURN POLICY

In certain circumstances, items purchased from the Site may be returned in accordance with our Return Policy.  The Return Policy  is incorporated into these Terms of Use in its entirety.

 

REVIEWS, COMMUNICATIONS AND OTHER CONTENT

We always welcome your reviews, comments, and other communications or content that you submit through or to the Site ("User Content") as long as the User Content submitted by you complies with these Terms of Use.

You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and BGMP assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.

For any User Content you submit, you grant to BGMP a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to BGMP the right to include the name provided along with the User Content submitted by you; provided, however, BGMP shall have no obligation to include such name with such User Content.

We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section.

RISK OF LOSS

The risk of loss and title for any items purchased on the Site passes to you upon our delivery to the carrier.  In other words, we are not responsible for the risk of loss after delivery to our carrier.

DISCLAIMER OF WARRANTIES

IN ADDITION TO THE DISCLAIMER OF WARRANTIES CONTAINED ELSEWHERE IN THESE TERMS OF USE, BGMP DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ANY ELECTRONIC COMMUNICATIONS SENT FROM BGMP TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL BGMP OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY SPECIAL, DIRECT,  INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR  LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR LOSSES OR DAMAGES RESULTING FROM ANY USE OR PERFORMANCE OF OR CONTENT ERRORS OR OMISSIONS IN THE INFORMATION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF EITHER YOU OR BGMP HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND BGMP. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BGMP. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

INDEMNIFICATION

As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless BGMP and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys' fees and expenses) (each, a "Claim") arising out of or otherwise relating to your use of the Site, use or purchase of products, content or services, including without limitation any content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms of Use.

NOTICE FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to globecollection@globe.com. You may also contact us by writing to The Boston Globe ATTN: Globe Collection 135 Morrissey Boulevard Boston MA 02125, or by calling us at 1-888-MYGLOBE. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

APPLICABLE LAW AND DISPUTES

YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE SITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS OF USE, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, UNITED STATES OF AMERICA, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES.

 

YOU FURTHERMORE AGREE THAT THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF USE SHALL BE THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT.