TERMS OF SERVICE

In General
Your use of the WildBoston ® web site (the "Site"), and all information, products and services on the Site, including but not limited to discussions, ticket purchases and contests (collectively, the "Services") are subject to the binding legal terms set forth below ("Terms"). We may update these Terms from time to time without giving you any notice. Unless we let you know by giving you a notice, any new features or updated Services that we put on the Site will be subject to these Terms. BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE THE SERVICES FOR ANY PURPOSE.

The Site contains links to Web sites, Web pages and services that are also operated by 360º Communications, our subsidiaries or other companies affiliated with us, each a "360º Communications Site (“Company”). Your use of each Company Site is subject to the terms of use, if any, contained within each of the Compnay Sites. If there is any conflict between the Terms set forth below and any of the terms or notices set forth on any other Company Site, then the terms at that Company Site will control your use of that Company Site. Please review the terms of use for each Company Site so that you understand all of the terms that will apply.

360º Communications is pleased to give you access to this Site free of charge. However, in order to access the Site, you will need to establish an account with an Internet service provider. You will also need equipment to access the Site, including a computer, modem or other communication device. You agree to pay for all hardware and services costs needed to access the Site and use the Services. The Company is not responsible for any of these costs.

The Services are protected by U.S. and international copyright, patent, trademarks laws and other intellectual property laws.

You may use the Services on the Site and the Company Sites for your personal, non-commercial use. You may make a single copy of the individual screens you see when you use the Services, but only for your personal use. You cannot distribute or transfer the copies to others in exchange for money or other consideration. You may not-and agree not to-modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Services, except as set forth below. This means that you may not mirror the home page or any page of the Site or any Company Site on your own Web site or Web page.

If you want to make commercial use of any Company Sites or Services, please email us at info{a}wildboston.com for more information.

No License Granted

Conduct of Visitors

We believe that all visitors benefit from basic rules regarding conduct while using the Services so that everyone feels free to share opinions and ideas. The free flow of ideas is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask-and you agree-to follow the following basic rules of conduct when using the Company Sites:

1. You will follow these Terms and all applicable laws;

2. You will never give your password to anyone (no WildBoston employee will ask for it) and you will not provide your billing or credit information except to make a purchase;

3. You will not harass, threaten or abuse other people when using the Site in any manner;

4. You will not interfere with others' use of the Site, including by interrupting other users' sessions, scrolling down (automatically or manually) to make it difficult for them, or otherwise act in a way that negatively affects other users' enjoyment of the Services;

5. You will not post any content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person's privacy or proprietary rights;

6. You will not attempt to harvest any screen names of e-mail addresses for any commercial use;

7. You will not collect or store personal information about any other individual on the Site, or otherwise stalk, repeatedly contact or harass another user;

8. You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with 360º Communications and/or WildBoston ®; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;

9. You will not use the Services to harm minors in any way, or encourage interactions with minors of a sexual nature;

10. You will not manipulate the Services so as to hide your identity or participation in Services on the Site (by using another person's identity, changing headers, or otherwise modifying any other possible identifier);

11. You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Services, except in areas that specifically authorize you to do so (auction forums, for instances);

If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice.

Disclosure of Your Identity

360º Communications only shares its customer lists with a few select partners, and does not release confidential information, such as credit card numbers, etc. 360º Communications may also, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you.

360º Communications keeps track of the Web sites and pages our customers visit within Company Sites, in order to determine what Company Sites and Services are the most popular. This data is used to deliver customized content and advertising within 360º Communications to customers whose behavior indicates that they are interested in a particular subject area.

Company Sites will have to disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on 360º Communications or the Sites; (b) protect and defend the rights or property of WildBoston, a 360º Communications; and, (c) act under exigent circumstances to protect the personal safety of users of WildBoston, its web sites, or the public.

Disclaimer of Warranties

YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOAD FROM THE SERVICES AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES, INDEX AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, AND THE ALTAVISTA SITES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT ALTAVISTA MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT ALTAVISTA DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. ACCESS TO THE WEB SITE OR UNAVAILABLE DUE TO MAINTENANCE OR UPGRADE PROCEDURES. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, 360º COMMUNICATONS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, DURABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) INCLUDING WITHOUT LIMITATION, IN REFERENCE TO THE SERVICES, INDEX AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND THE ALTAVISTA WEB SITES.

360º COMMUNICATONS EXPRESSLY DISCLAIMS ANY ENDORSEMENT. RECCOMMENDATION, GUARANTEE, REPRESENTATION, WARRANTY OR CONDITION (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) IN RESPECT OF, OR RESPONSIBILITY FOR ANY ACTION OR INACTION OF ANY PARTY INCLUDING WITHOUT LIMITATION ADVERTISERS, PARTNERS, PARTICIPATING MERCHANTS, MANUFACTURERS OR SUPPLIERS OR ANY PRODUCTS OR SERVICES SUPPLIED BY SUCH PARTIES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL 360º COMMUNICATONS, ITS PARENT OR SUBSIDIARIES, ANY OF THE COMPANIES IT IS AFFILIATED WITH, OR ANY OF ITS CONTENT PROVIDERS BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE, ANY ALTAVISTA SITE, THE SERVICES OR THE INDEX, ANY COMPUTER-RELATED DAMAGES DUE TO DOWNLOADING MATERIALS, TYPOGRAPHICAL ERRORS AND/OR OMISSIONS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES; THEREFORE THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OF CONTRACT OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF AN EXCLUSIVE REMEDY.

• 360º Communications is not responsible for the accuracy of associated companies' information including any changes in or discontinuance of services and/or products, nor any intellectual property infringement made by any party. 360º Communications is not responsible for changes in the services and/or products offered by affiliated companies.
• In no event shall 360º Communications liability, either jointly or severally, exceed $50.

Access Restrictions; Termination

Use of Our Logo and Static Screen Shots for Noncommercial Purposes

Miscellaneous

This contract shall be governed by and construed in accordance with the laws of the State of Massachusetts without regard to conflict of laws principles. These Terms as amended from time to time, set forth the entire understanding between you and the Company and supersede any and all prior or contemporaneous agreements or understandings between you and the Company, whether oral or written, as to the subject matter of these Terms. If any provision of these Terms or the application thereof to any person or circumstances shall to any extent be held to be invalid or unenforceable, the remainder of these Terms, or the application of such provisions to persons or circumstances as to which it is not held to be invalid or unenforceable, shall not be affected thereby, and each provision shall be valid and be enforced to the fullest extent permitted by law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Middlesex County, Massachusetts, U.S.A., regarding any and all disputes relating to these Terms, your use of the Site or any Company Site or Services. No waiver of these Terms will be valid, except in the event that the waiver is in writing and signed by an officer of 360º Communications. If the performance by 360º Communications of the Terms or any obligation thereunder is prevented, restricted or interfered with by any act or condition whatsoever beyond the reasonable control of 360º Communications, you shall excuse, without further action or notice, 360º Communications's performance to the extent of such prevention, restriction or interference.

You can direct any questions concerning these Terms to:

Legal Department - Terms of Use
360º Communications
15 Johnson Drive
Holliston, Massachusetts 01746
Attention: Legal Department
Email LegalSupport[a]wildboston.com

Last updated February 2005.