BOOGALU PRODUCTIONS VIDEO CHANNEL
Acceptance of Terms and Conditions
Welcome to the Boogalu Productions Video Channel web site (www.boogalu-video.com , the "Site"), owned and operated by Boogalu Productions, Sebastopol, CA, USA.

By marking the "I agree" box you confirm that (1) you have read and accepted the terms and conditions of this Terms Of Service Agreement (TOS), (2) that you are 18 years of age or more - or that you have received your parent's or guardian's consent to enter into this Agreement, (3) that the registration information you submit is true, accurate and complete, and (4) you agree to pay the fee for the chosen subscription period or One Off Payment.

After entering into the Agreement you are granted a non-exclusive, revocable license to make personal non-commercial use of the Services via online streaming. You do not have a right to transfer or sublicense your rights under the Agreement or otherwise provide your password to any other person or use any other persons user name and password.

If you have chosen a subscription of the Service, the first subscription period you have chosen is your minimum period of subscription of the Service. Your subscription of the Service will thereafter be automatically renewed at the end of each subscription period unless either party has terminated the subscription prior to the end of such subscription period. Renewed subscriptions will have the same periods of duration as the original subscription.

If for some reason the Service is not accessible, Boogalu Productions is not responsible for refunding any fees paid. Boogalu Productions may however, at its own discretion, decide to prolong your on-going subscription period or period of One Off Payment for a period of time equivalent to the time the Service was not accessible.

Changes to the Agreement and Fees
Boogalu Productions reserves the right to make changes to these Terms of Sevice, at Boogalu Productions' sole discretion. Any material changes will be posted on this website and you are responsible to check the website for such postings from time to time. If you continue to use the Services after the changes have been posted you have accepted the changes.

Boogalu Productions also reserves the right to change the fees for your chosen subscription period at any time. Such changed fee will become valid after the expiry of the on-going subscription period already paid for. All changes of fees will be posted on this website and you are responsible to check the website for such postings from time to time. If you continue to use the Service after the changes of the fees have been posted you have accepted the changes. If you do not wish to be bound by changed fees you may terminate your subscription in accordance with section "Term and Termination" below.

Payment of Fees
The fee for the chosen subscription period or the One Off Payment will be charged to the credit card you have designated as the credit card to be billed in accordance with the terms for PAYPAL. By designating a credit card you confirm that the credit card is issued in your name and that you are authorised to make the purchase. At the time of renewal of a subscription, the credit card you have originally designated will automatically be billed with the applicable fee for the renewal.

Term and Termination
The Agreement will become binding from the date it is entered into, and will (1) for subscriptions remain effective until terminated by either party, and (2) for One Off Payments remain effective for the period from the date the Agreement is entered into.

You may terminate your subscription of the Services at any time by following these instructions: Sign-in to your Paypal.com account, go to My Account > Profile > My preapproved payments > Boogalu Productions > Cancel Profile. Canceled subscriptions cannot be reactivated within Paypal.com.
The termination shall have effect at the expiry of the on-going subscription period, meaning that Boogalu Productions will not refund any fees already paid for.

Boogalu Productions reserves the right to terminate your right to access the Services at any time in case you commit a breach of the Agreement or if you are responsible for any unauthorized use of the Services. Such termination will not result in a refund of any fees already paid for.

Intellectual Property Notices and Use Restrictions
Boogalu Productions and its logo are trademarks of Boogalu Productions. The Site contains proprietary, original material that is protected by U.S. copyright and international treaties. You may only use the Material for your personal and non-commercial use via online streaming. Any use of the Subscription or One OFF Payment Material on the website, such as copying, reproducing, downloading, recording, modification, distribution, transmission, broadcasting, licensing, transfer or sale of it, is expressly prohibited. Boogalu Productions and its licensors retain full and complete title to the Material as well as to any and all of the associated intellectual property rights. Boogalu Productions, and our licensors retain all intellectual property rights with respect to such proprietary, original material. Boogalu Productions will pursue legal action against anyone who misappropriates its name or content for commercial use. Any commercial publication or exploitation of the Services or any content provided in connection therewith is specifically prohibited and anyone wishing to do so must first request and receive prior written permission from Boogalu Productions to do so. This notice constitutes fair warning.

Dissemination, Discontinuance or Modification
Boogalu Productions may discontinue disseminating any video title, resources and data, and works of specific contributors. Boogalu Productions may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Boogalu Productions, at its sole discretion, may occasionally make modifications to the Site, its servers, and the information, resources and data contained therein, including the Services and/or Boogalu Productions Full Access content.

Availability
Boogalu Productions has taken appropriate measures to ensure that the website and the services provided through the website is available for you at all times. The access to the website may however be interrupted at times in order for Boogalu Productions to perform maintenance, upgrade and repair or for any other reason. The access to the website may also be interrupted at times due to failure of telecommunication and equipment that are beyond the control of Boogalu Productions.

Disclaimer of Warranty and Limitation of Liability
Boogalu Productions' aim is that all services will be carried out with reasonable skill and care.
The services and Material on this website are though provided "as is" and without warranties of any kind. Boogalu Productions does not warrant that the services or Material provided are correct, accurate or reliable, or that your use will be uninterrupted or error-free, or that this website or the servers used are free of viruses or other harmful components.

Under no circumstances Boogalu Productions shall be liable for damages, including, but not limited to direct, indirect, incidental, consequential, or punitive damages, harm, or injury, including physical harm or injury on yourself or on others, that relate to or result from use of, or inability to use, any of the Material of the website, or are caused by any failure of performance, error, omission, interruption, defect, delay in transmission, computer virus or line failure.

To the fullest extent permissible by applicable laws, Boogalu Productions disclaims liability for negligence and disclaims all representations and warranties, express or implied. You are responsible for keeping a backup of all the material you have provided to the website and Boogalu Productions will in no way be liable for any loss of such material. You agree to indemnify and hold Boogalu Productions harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses, including, without limitation, attorneys' fees and costs, resulting from or in connection with your use of Boogalu Productions’ services or this website, or breach of this agreement.

Jurisdiction and Choice of law
This TOS constitutes the entire agreement between you and Boogalu Productions and shall govern your use of the site and its Services, superseding any prior agreements between you and Boogalu Productions. This TOS and the relationship between you and Boogalu Productions shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and Boogalu Productions irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the County of Sonoma, California. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

Customer Support
If you have any questions concerning Boogalu Productions, the services provided, the Material, or these Terms of Service, please contact Boogalu Productions by e-mail at boogaluproductions(at)gmail.com or by phone 707-823-0369.