- Acceptance of these Terms. The following terms (this “Agreement”) applies to your use of the Boingo website (the “Site”). The materials on the Site are made available by Boingo Wireless, Inc. and/or its subsidiaries (“Boingo”) for informational purposes only, and by downloading any materials from the Site, you agree to these terms. You agree that by visiting the Site or using any of the Boingo Services (as defined below) in any manner, you agree that you have read and agree to be bound by and a party to the terms and conditions of this Agreement. If you do not unconditionally agree to all the terms and conditions of this Agreement, you have no right to use the Services.
- Services and Content. The www.boingo.com website and domain name and any other linked pages, features, content, or application services (including without limitation any mobile application services) offered from time to time by Boingo in connection therewith are owned and operated by Boingo. Subject to the terms and conditions of this Agreement, Boingo may offer to provide certain services, as described more fully on the Site, and that have been selected by you (together with such website, the “Services”), solely for your own use, and not for the use or benefit of any third party. The term “Services” includes, without limitation, use of the Boingo website(s), any service Boingo performs for you and the Content (as defined below) offered by Boingo on the Boingo website(s). Boingo may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Boingo may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Boingo reserves the right, in its sole discretion, to revise, amend, or modify this Agreement at any time and in any manner without notice. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
The Services and its contents are intended solely for the personal, non-commercial use of Services users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content,” and which includes User Submissions (as defined below))) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. Additional terms which are applicable to Boingo customers are located at the following link: http://www.boingo.com/legal/end-user-license-agreement-boingo-customer-agreement/.
C. Boingo reserves the right to contact you about your account via email, cell phone or SMS text messaging. If you are a Boingo customer, Boingo reserves the right to send you messages which may be informational in nature (“Informational Messages”), such as messages regarding outages in your area, or in emergency situations. Other messages from Boingo may be commercial in nature, marketing certain products and services to you (“Marketing Messages”). Different legal obligations apply to Marketing Messages and Informational Messages, so in certain cases, these terms and conditions treat each such category differently, and you may notice the applicable text messages appear differently on your phone.
By subscribing to Marketing Messages, you consent to receiving up to three (3) SMS marketing messages per month from 47227. You may receive more Informational Messages from such number or other numbers utilized by Boingo. Message and data rates may apply to both Marketing and Informational Messages; Boingo does not have any control over these rates, nor any other obligations you may have to your carrier in connection with your text messaging service. You understand and agree that Marketing and Informational Messages sent to your mobile phone/device may be generated using automated technology. Your consent to receive Marketing and/or Informational Messages is not required to make a purchase.
To opt in to receive Marketing Messages from Boingo, send the word BOINGO to 47227. You may also opt in to receive Marketing Messages and Informational Messages by selecting the appropriate option therefor in your Boingo account profile. To discontinue receiving Marketing Messages from Boingo, send the word STOP to 47227 at any time. For help or Information on these text message communications, send HELP to 47227.
If you provide us with your mobile phone number in your account profile, you understand and agree you may receive Informational Messages until you opt out as described in these terms. To discontinue receiving Informational Messages from Boingo, send the word STOP to 54921 at any time. For help or information on these text message communications, send HELP to 54921. For additional assistance, contact our Customer Care team 24/7 at 1-866-726-4646. Boingo may discontinue the Marketing and/or Informational Message program at any time.
Marketing and/or Informational Messages may not be available for your particular carrier. Participating carriers currently include: AT&T, Verizon Wireless, Sprint, T-Mobile, Metro PCS, U.S. Cellular, Boost Mobile, Virgin Mobile, and Tier 2/3 Carrier Group. T-Mobile is not liable for delayed or undelivered messages, nor is Boingo or any other carrier.
Informational Messages are not an emergency service, and you should not rely on them for emergency notifications.
The Services are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content (and other items displayed on the Services for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Boingo or from the copyright holder identified in such Content’s copyright notice. If you link to the Services, Boingo may revoke your right to so link at any time, at Boingo’s sole discretion. Boingo reserves the right to require prior written consent before linking to the Services.
You understand that all information publicly posted or privately transmitted through the Services, and any information or content you access through using the Services to access the internet (including content on any website you may visit) (“Public Content”) is the sole responsibility of the person from which such content originated and that Boingo will not be liable for any errors or omissions in any content. You understand that Boingo cannot guarantee the identity of any other individuals or entities with whom you may interact in the course of using the Services. Additionally, Boingo cannot guarantee the authenticity of any data which individuals or entities may provide about themselves. You acknowledge that all Content or Public Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Boingo may – but is not obligated to – block your access to certain Public Content that it deems illegal, that violates any person’s or entity’s rights, or that may endanger the safety of any person. However, Boingo is not responsible for any Public Content whatsoever, including any Public Content that you believe should have been blocked by Boingo. You hereby release Boingo from any liability in connection with your access to or failure to access any Public Content.
Under no circumstances will Boingo be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
- Limited, Single Copy License. The contents of the Site are protected by United States law and worldwide copyright laws and treaties. The copyright of all material on the Site is held by Boingo. Except as stated herein, none of the material on or comprising the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form by any means without the prior written consent of Boingo. You may copy materials published by Boingo on this Site for internal, non-commercial use within your organization, solely for the purpose of supporting Boingo products and services. This limited license terminates automatically if you breach any of these terms and conditions. In addition, Boingo may terminate this license at any time without notice for any reason. Upon termination, you must immediately destroy any materials downloaded, printed or otherwise obtained from the Site. Unauthorized use of any material on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes or other applicable laws, rules or regulations, and may subject you to civil liability and/or criminal penalties.
- General Website Disclaimer. Although Boingo has attempted to provide accurate information on the Site, Boingo assumes no responsibility for the accuracy of the information, which may contain technical or other inaccuracies, omissions or typographical errors. Boingo may change any of the information or other materials on the Site at any time without notice. Boingo makes no commitment to update the materials or information on the Site. You use the Site at your sole risk. Boingo has no special relationship with or fiduciary duty to you. You acknowledge that Boingo has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects 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 Boingo from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Boingo makes no representations concerning any content contained in or accessed through the Services, and Boingo will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Boingo makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from Boingo or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service. THE SERVICES, CONTENT, WEBSITES, PRODUCTS AND SERVICES OBTAINED THROUGH THE SERVICES, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Boingo will not be liable for any direct, indirect, incidental, consequential, punitive, special or other damages including, without limitation, loss of or damage to data, loss of use of or damage to computers or other systems, lost or damaged programs, costs of replacement goods and lost profits or revenues, arising out of the use or inability to use the Site or any Boingo product or service, even if Boingo has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations or exclusions may not apply to you.
- Indemnity. You will indemnify and hold Boingo, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
- Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL BOINGO, ITS ADVERTISERS, SUBSIDIARIES, LICENSORS OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES, THE BOINGO NETWORK OR THIRD PARTY NETWORKS, ANY ADVERTISEMENTS OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SERVICES AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND BOINGO’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- Acceptable Use. Your access to and use of the Site and/or any Boingo products or services are subject to the Boingo Acceptable Use Policy, which is available on the Site.
- Links to Other Sites/Endorsements of Other Products. Boingo makes no representations about any other site that you may access through the Boingo Site, or any products mentioned on the Boingo Site that are not products of Boingo. When you access a non-Boingo site, you are accessing an independent site over which Boingo has no control or responsibility, and you do so at your own risk. The presence on the Site of links to non-Boingo sites does not mean that Boingo endorses or accepts responsibility for the content or use of such sites. Products mentioned on the Site that are not directly manufactured or sold by Boingo are mentioned for informational purposes only, and such references do not imply an endorsement of the product or service by Boingo.
- Access to Password-Protected or Secure Areas. Certain areas of the Site may be available only with a password. Access to and use of areas of the Site that are password-protected and/or secure is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
- Product and Performance Information. Product and service performance is measured using specific computer and communication systems and components and reflects approximate performance of the tested products and services. Any difference in hardware or software may affect actual performance, and customers should consult other sources of information to evaluate the performance of Boingo products and services.
- Trademarks and Patents. The trademarks, service marks and logos used and displayed on the Site are registered and unregistered trademarks and service marks of Boingo and its suppliers and customers. You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any trademark, service mark or logo used or displayed on the Site, without the express written permission of Boingo. Boingo’s technology and products, including products that may from time to time be available on the Site, are protected by one or more United States patents. International patents and patents pending may also be applicable in their respective countries.
- Export Laws. By accessing or using the materials on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the U.S. has embargoed goods. You agree that you will not export or “re-export” (transfer) materials from the Site or any product or service that contains such materials unless you have complied with all applicable United States and foreign government export controls and approvals. For additional information with respect to the United States export controls, you may wish to visit the U.S. Bureau of Industry and Security’s web site at: http://www.bis.doc.gov.
- U.S. Government Restricted Rights. All Boingo products, services and publications are commercial in nature. To the fullest extent allowed by law, the software and documentation available by download on this Site are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software and Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to this Agreement.
- Severability. If any provision of this Agreement is held to be unenforceable by a court of competent jurisdiction, that provision will either be deemed modified to the minimum extent necessary to render it enforceable, or else disregarded. In either case, the remaining provisions shall continue in full force and effect.
- Applicable Laws and Enforcement. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Los Angeles County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, 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 Streamlined Arbitration Rules and Procedures of JAMS. 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 at any time. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Southern District of California. Any part of this Agreement that is unlawful, void or unenforceable will be deemed severable and will not affect the validity or enforceability of remaining provisions. Boingo may revise this Agreement from time to time by updating this posting. You should visit this page from time to time to review the then-current terms and conditions because they are binding upon you.
- Copyright Infringement. Boingo is committed to complying with U.S. copyright law and requires that you do the same. The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512(c)(3) (“DMCA”) provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. If you believe that any material contained on the Boingo Site infringes your copyright, you should notify Boingo of your copyright infringement claim in accordance with the following procedure. Boingo will process all notices of alleged infringement and will take appropriate action as required by the DMCA and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to Boingo’s designated agent:
- Both you and Boingo acknowledge that this Agreement is concluded between you and Boingo only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Service;
- You will only use the Application in connection with an Apple device that you own or control;
- acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that Boingo, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Boingo, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Boingo acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and Boingo acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.
- transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
- harm, or attempt to harm, minors in any way;
- impersonate any person or entity 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 material transmitted through the Services;
- transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
- transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
- transmit any material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- hack into or otherwise gain unauthorized access to the Boingo Website or any other related computer system, make excessive traffic demands, forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behavior that may reasonably be expected to inhibit other users from using and enjoying the Boingo Website or any other website or damage or destroy the reputation of Boingo or any third party;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- “stalk” or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent;
- resell the Services without Boingo’s authorization;
- use the Services as a replacement for residential or commercial Internet access or for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server.
- customers are not permitted to schedule or program automated logins to the Services.
- connections to a wireless network are not intended for secure communications. You agree to transmit any secure communications at your own risk.