Secret Boston
Terms of Service
Last Updated: May 2023

Secret Boston

Terms of Service

  • Last Updated: May 2023

We are pleased to welcome you to the Secret Boston, Inc. website (the "Website" or the "Site"). These Terms and Conditions of Use ("Terms of Use") govern your access to and use of Secret Boston’s website  that is available through Secret Boston’s Service Website, www.secretboston.net In these Terms of Use, the words "you" and "your" refer to each user, site guest, visitor or User and "we", "us" and "our" refer to Secret Boston, its subsidiaries, successors in interest and assigns, and the Website.

Please read these terms of use carefully before using the Website and make sure you understand them. These Terms of Use, including all documents referenced herein, represent the entire understanding and agreement between Secret Boston and you regarding your use of the Website and supersede any prior statements or representations. The Website’s Privacy Policy is incorporated into these Term of Use by reference and is made a part here of. You are not authorized to use the Website if you do not agree to be legally bound by any or all of these Terms and Conditions.

Consent to Terms and Conditions

By registering as a User on a Website ("User"), you agree that you have read and understood the Terms of Use and agree that you will comply with the same for as long as you use the Website. Checking the apply box when you register as a User signifies your acceptance of these Terms of Use and your acknowledgement that you are legally bound by them.

Use of the Website

Access to, distribution and/or use of the Website is subject to all applicable laws and regulations. To the extent that access to, distribution and/or use of the Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. Each time you visit any area on any of the Website, or engage in any interactive functionality of the Website, you are deemed to have confirmed your acceptance to these Terms of Use and the Privacy Policy. If you do not agree to abide by these Terms of Use and the Privacy Policy, please do not use the Website.

By having accepted these Terms of Use, and/or entering and participating in the activities offered on the Website, you affirm, represent and warrant that: (a) you are 13 years of age or older, (b) you are a resident of the United States of America (c) all information you submit via the Website shall be truthful and accurate (and you will maintain the accuracy of such information); (d) you will abide by these Terms of Use; and (e) your use of the Website shall not otherwise violate any applicable law, rule or regulation.

Changes to the Terms of Use

From time to time, these Terms of Use may change. Secret Boston reserves the right to modify these Terms of Use without prior individual notice. We will post changes to the Terms of Use on the Website and changes will become effective once posted. Your continued access to or use of the Website will be deemed as acceptance by you of the then-current Terms of Use. Please review these Terms of Use often so that you will remain abreast of our current policies.

You can tell when the Terms of Use were last modified by checking the "last updated" date that appears at the top.

Description of Social Media Channels

Secret Boston provides a community on the website and across social media and on the ground ambassadors. The website provides blog posts, contests, free tickets, event opportunities, and advertising Social Media Channels.

Ownership of the Site and Social Media Channels

The Website and the Social Media Channels provided by Secret Boston on the Website and all intellectual property rights to the same (collectively, "Materials") are owned or licensed by Secret Boston. Secret Boston hereby grants you permission to use the Site as set forth in these Terms of Use but nothing in these Terms shall be construed to confer upon you any license of or under any of Secret Boston's intellectual property rights in the Materials

You acknowledge that you have no ownership rights in the Materials. You further understand and agree that you will not use any trademarks, trade names, Social Media Channels marks, copyrights or logos of Secret Boston (collectively, "Secret Boston intellectual property") in any manner which creates the impression that such items belong to or are associated with you, or except as otherwise provided and with Secret Boston’s consent.

Except as otherwise indicated on the Site, copying, reproducing, uploading, downloading, transmitting or any other use of the Site or of any of the Materials, in whole or part, without the express permission of Secret Boston, is prohibited. Any unauthorized access to, use or copying of the Site and/or the Materials may subject you to liability under applicable law, and may result in legal action.

Ownership of Your Content

In connection with your use of the Website and our Social Media Channels, you may upload and/or submit photographs, post social media links, logos, contact information, reviews, feedback, commentary and other content to the Site and to our social media channels(your Content). You may access and change or delete your Content at any time. In uploading information to the website and social media channels you assert that you have the right of ownership or use of the content that you upload. Users are expressly prohibited from posting photos, content, or materials of and relating to so-called adult content, pornographic content, and sexually explicit materials.

You are legally responsible for your Content and shall use it as contemplated in these Terms and Conditions. Secret Boston is not responsible for your Content. You have and will retain full ownership of your Content, subject to the ownership rights of third parties. You represent and warrant that you have all the rights necessary to your Content. You are also responsible for any of your Content that may be lost or unrecoverable through your use of the Social Media Channels.

In order to provide you with the Social Media Channels, we may need to access or otherwise process your Content. By accepting these Terms of Use, you agree that we are permitted to access your Content for the purpose of providing the Social Media Channels. This use and permission does not give us any ownership rights in or to your Content, provided, however, that, subject to the Secret Boston’s Privacy Policy, by providing your Content to the Site and social networks, you grant Secret Boston a perpetual, worldwide, royalty-free irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, create derivative works and distribute your Content or portions of your Content in any form or medium known or later developed, in furtherance of the terms of these Terms of Use and the actions and transactions contemplated herein. You agree that this license includes a right for Secret Boston to make your Content available to other companies, organizations or individuals with whom Secret Boston has relationships for the provision of Social Media Channels, to use your Content in connection with the provision of your Social Media Channels, and to use your Content for promotional purposes. Secret Boston furthermore respects the privacy of Users and maintains this internally during operations of the business. Secret Boston may conduct and perform analyses of online activities in order to improve Social Media Channels and products. Secret Boston may use your Content in order to improve the Social Media Channels and products offered on the Secret Boston system and Website. Secret Boston does not sell your Content to third parties without your express consent. Secret Boston does not share your Content with third parties unless to comply with or compelled by a governmental agency or other legal or judicial process.

Provision of the Social Media Channels by Secret Boston

Secret Boston seeks to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Social Media Channels which Secret Boston provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Secret Boston may stop (permanently or temporarily) providing the Social Media Channels (or any features within the Social Media Channels) to you or to users generally, at Secret Boston’s sole discretion. Secret Boston may disable your ability to access the Site and cancel your Usership, with no notice to you if, in Secret Boston’s sole and subjective discretion, you are in violation of any of the Terms of Use.

You acknowledge and agree that if Secret Boston disables access to the Site or deactivates their social profiles, you may be prevented from accessing the Social Media Channels, your Usership details or any files or other content which is contained in your profile or otherwise which you have uploaded onto the Site.

No License

Upon your registration as a User, unless and until cancellation or termination of that Usership, you have the right to use the website and social media provided by Secret Boston as part of the Social Media Channels provided to you by Secret Boston (referred to as the "community" below). These Terms of Use do not grant you any right, title or interest in or to the Community, the Social Media Channels or the other Content on the Site. Unless Secret Boston has given you specific written permission to do so, you may not sell, transfer, assign or grant a license of your rights to use the Community or Social Media Channels, grant a security interest in or over your rights to use the Community or Social Media Channels, or otherwise transfer any part of your rights to use the Community or Social Media Channels. Collectively, Materials, Community and Content on the Site that is not your Content are referred to in the Terms of Use and all other Secret Boston policy documents, including but not limited to the Privacy Policy, as "Content."

Dispute Resolution

We encourage Users to attempt to resolve any dispute that may have arisen by contacting one another and trying to resolve the dispute amicably. We ask Users to first make every good faith effort to resolve any and every dispute between them. Secret Boston is not an intermediary acting on behalf of users.

If you have a dispute with Secret Boston relating to the Website or social media, please contact us at support@secretboston.net and we will attempt to resolve the dispute with you. If we cannot resolve our dispute, then the Terms of Use will govern any legal dispute involving our Social Media Channels.

Use in the United States

The Website is intended for use within the United States, and we control and operate the Website from the United States. We make no representation that materials on the Website are appropriate or available for use outside the United States. If you choose to access the Website from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.


Links

The Website may contain links to other applications, Website and social media features (collectively, "Website") that are not controlled and/or maintained by Secret Boston. Access to and use of such other Websites is at your own risk and subject to any Terms of Use and Privacy Policies which govern such Websites. Secret Boston does not warrant the use or license of content linked in any of its Profiles. By clicking on information linked to in a Profile, it is the sole responsibility of the User to maintain safe and non-malicious content. Links that are made to any malicious content or malware in any profile by a User are subject to immediate deactivation. By providing such links, Secret Boston shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their Social Media Channels or products, or any facts, views, advice, information, promotions and/or products found on such Websites. Secret Boston is not responsible for the content contained on any such Website, or for the failure of any product or service offered for sale or advertised on any such Website or for any damages that may result therefrom. Copyrights and trademarks in the materials or information on the unauthorized use of such material by the User. Obtaining permission and/or use of a mark in compliance with appropriate terms is the sole responsibility of Users.Moreover, such other Websites may have privacy policies or terms of use that differ from those of the Website and/or may provide their users with less security than the Website. Accordingly, you should review the privacy policies and terms of use on such other sites before using them.

General Terms

Secret Boston does not charge any fees for use of its website and social media channels.  

User

Users May NOT:

Engage in fraudulent or illegal activity. We expressly do not tolerate fraudulent and illegal activity in any shape or form. We expect Users to maintain professional standards and to abide by local, state, and federal laws. If you as a User violate these terms and conditions, we reserve the right to immediately deactivate your account and to cooperate with enforcement processes.

Users are expressly prohibited from posting photos, content, or materials of and relating to so-called adult content, pornographic content, and sexually explicit materials.

Users are expressly prohibited from engaging in solicitations of any kind, bullying, defamation, slander, libel, and hate-based activity, hate-based behaviors, and hate-based speech.

Users are responsible for your Content and your communications with others while using the Site and the Social Media Channels. You agree not to submit any Content that: (i) is known to you to be false, inaccurate or misleading; (ii) infringes anyone’s copyright, patent, trademark or other intellectual property rights; (iii) violates any law, statute, ordinance, or regulation; and (iv) is or may reasonably be considered to be libelous, defamatory, obscene, abusive or otherwise constitutes or advocates illegal activity.

You are responsible for ensuring that you have all necessary rights and permissions from third parties whose content you submit to the Site.

You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or your equipment. You agree that you will not upload any spyware or malicious Community to the Site.

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Site and Social Media Channels.

In connection with your use of the Site and the Social Media Channels, you may not and you agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;

  • use manual or automated Community, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other Social Media Channels contained in the Website, Social Media Channels or Content;

  • use the Website, Social Media Channels or Content for any commercial or other purposes that are not expressly permitted by these Terms of Use or in a manner that falsely implies Secret Boston endorsement, partnership or otherwise misleads others as to your affiliation with Secret Boston;

  • dilute, tarnish or otherwise harm the Secret Boston brand in any way, including through unauthorized use of Content, registering and/or using Secret Boston or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Secret Boston domains, trademarks, taglines, promotional campaigns or Content

  • copy, store or otherwise access or use any information contained on the Site, Social Media Channels or Content for purposes not expressly permitted by these Terms of Use;

  • infringe the rights of Secret Boston or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right

  • interfere with or damage our Website or Social Media Channels, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

  • use our Site or Social Media Channels to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

  • "stalk" or harass any other User of our Site, Social Media Channels or Content, through private message communications or otherwise, or collect or store any personally identifiable information about any other user other than for purposes expressly permitted by these Terms of Use or with the express consent of the other user;

  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

With respect to all communications you make to Secret Boston directly and/or through the Site, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Secret Boston shall have no obligation to protect your communications from disclosure; (ii) Secret Boston shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) Secret Boston shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and Social Media Channels that incorporate such information.

Visitors to the Site are prohibited from scraping, cataloging, misappropriating, mirroring, sniffing, spoofing, phishing, backchaining, tracing, compressing data and information contained on the Site.

Copyright Infringement - Notice and Take-Down Policy

Secret Boston values intellectual property and respects the intellectual property rights of others, and will remove materials on the Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on the Website, then you may notify Secret Boston in writing as follows:

Name of Contact and contact information

Telephone number:

In your notice, you must include the following:

  1. a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;

  2. identification of the copyrighted work(s) that is (are) allegedly being infringed;

  3. identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Secret Boston to locate such materials;

  4. contact information (i.e., name, address, email address) sufficient to enable Secret Boston to contact you;

  5. a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and

  6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

Limitation of Liability and Warranty and Use Disclaimer

THE SITE, ALL MATERIAL CONTAINED ON THE SITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SITE, THEIR FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN THE SITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING WITHOUT NOTICE AT ANY TIME. Secret Boston RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS SITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. UNLESS PROHIBITED BY LAW, Secret Boston SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE OR ACCESS THE SITE OR ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.

Transmitting and Downloading

Secret Boston is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet.

Secret Boston does not warrant or represent that the Site will meet your requirements, that access will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system.

Your Responsibilities

You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or equipment.

Indemnity

Unless prohibited by law, you agree to indemnify, defend and hold harmless Secret Boston, its parent, subsidiaries and affiliated entities and each of their respective officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) arising from or in connection with: (i) your use of the Site; (ii) your violation of these Terms and Conditions; and/or (iii) any Content submitted by you to the Site. You agree that your representations and warranties, and obligation to indemnify Secret Boston, shall survive beyond any term that these Terms and Conditions are in effect.

Electronic Communications

When you communicate with Secret Boston electronically, via email or otherwise, you consent to receive electronic communications from Secret Boston. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Secret Boston satisfy any legal requirement that such communication be in writing.

Changes in Policy

From time to time, the policies set forth in these Terms and Conditions may change. We will post changes to the Terms and Conditions of Use at the Site. Please review these Terms and Conditions of Use often so that you will remain abreast of our current policies. Your use of the Site subsequent to any amendment of these Terms and Conditions will signify your acceptance of, and assent to, the revised terms.

These Terms and Conditions of Use were last updated on 1/05/2023 and are effective immediately.

Acquisition of Business

In the event that Secret Boston is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that the Site and all of Secret Boston’s rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, Secret Boston will post a notice to such effect on the Site.

Contact Us

If you have any questions concerning our website or any of the policies set forth in these Terms and Conditions of Use, please contact us by emailing support@secretboston.net

Disputes and Governing Law

Use of the Site and these Terms and Conditions shall be governed by the laws of the State of Massachusetts of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms and Conditions is deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms and Conditions shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms and Conditions to the extent necessary to make such portion of these Terms and Conditions enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms and Conditions would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms and Conditions. No narrowed construction, modification or invalidation of any portion of the Terms and Conditions shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by Secret Boston of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Secret Boston’s failure to assert any right or demand compliance with any provision of these Terms and Conditions shall not be deemed to constitute a waiver of any such right or provision.

Except where prohibited by law, as a condition of you accessing and/or using the Site, you agree that (1) any and all disputes and causes of action you seek to bring arising out of or connected with the Site or the Material shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in Massachusetts within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association ("AAA"); and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. Unless prohibited by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.

The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. Except as may otherwise be provided in AAA’s Consumer Due Process Protocol that allows consumers to file certain claims in small claims court, you understand that by accepting these Terms and Conditions, you are giving up your right to a trial in court, either with or without a jury.

CLASS ACTION WAIVER. Any Claim must be brought in the parties’ individual capacity, and not as a plaintiff or class User in any purported class, collective, representative, multiple plaintiff, or similar proceeding ("Class Action"). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.

Unless prohibited by law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the Site you waive all rights to claim, punitive, incidental, consequential or any other indirect damages (including multiplied and/or increased damages and/or attorneys’ fees and court costs) for any dispute or cause of action that you may have that relates in whole or part to the Site and/or the Material. Notwithstanding anything to the contrary set forth in these Terms and Conditions or otherwise, your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, unless prohibited by law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.

Notwithstanding anything to the contrary set forth in these Terms and Conditions, Secret Boston may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of Massachusetts and/or in any other court chosen by Secret Boston in the event that Secret Boston believes that there is a violation, or a threatened violation, of any of Secret Boston’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.