“Boxout” is pleased to provide to you access to its website. These terms govern your use and our provision of the Services on the Boxout website (“Our Website”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE.
- Contract between You and Us
This is a contract between you (“You”) and Boxout, a company incorporated under the laws of Companies Act 1956 having its registered office at [●], India and/or its affiliates. You must read and agree to these terms before using or accessing Our Website. If You do not agree, You should not use or access Our Website. These terms describe the limited basis on which the Boxout Services (defined hereinafter) are available and supersede prior agreements or arrangements.
Use of Boxout Services are available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If You are a minor i.e. under the age of eighteen (18) years, You may use the Boxout Services only with the consent of a Parent (defined hereinafter).
Supplemental terms and conditions may apply to some Boxout Services, such as rules for a particular competition, service or other activity, or terms that may accompany certain content or software accessible through the Boxout Services. Supplemental terms and conditions will be disclosed to You in connection with the applicable competition, service or activity. Any supplemental terms and conditions are in addition to these terms, and in the event of a conflict, prevail over these terms.
We may amend these terms at our sole discretion and make best efforts to notify You when major changes are made. Your continued use of Boxout Services following the posting of changes and/or modifications will constitute Your acceptance of the revised terms. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits upon You. Notwithstanding the above, if any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.
We may immediately terminate this contract with respect to You (including Your access to the Boxout Services) if You fail to comply with any provision of these terms.
- The Boxout Services
Boxout is inter alia engaged in the business of rendering [●] services (“Boxout Services”).
The Boxout Services are for Your personal, non commercial use and are intended for purchasing, informational and other similar purposes only. The Boxout Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Boxout Services are owned by us or our licensors or licensees or any affiliate companies. Except as we specifically agree in writing, no element of the Boxout Services may be used or exploited in any way other than as part of the Boxout Services offered to You. You may own the physical media on which elements of the Boxout Services are delivered to You, but we retain full and complete ownership of the Boxout Services and all the intellectual property rights vested therein. We do not transfer title to any portion of the Boxout Services to You. Nothing provided by any brand owned or licensed by Boxout should be construed as granting, by implication, estoppels or otherwise, any license or right of use of any trademark displayed on Boxout Services without the written permission of Boxout.
Content and Software License
If a Boxout Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant You a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for Your personal, noncommercial use only.
You agree not to copy, reproduce, duplicate, modify, create derivative works from, display, publish, distribute, disseminate, broadcast, transmit, sell, rent, lease, lend, sub-license or circulate or otherwise exploit for any purpose (commercial or otherwise) any material and/or part of or all of the Boxout Services to any third party (including, without limitation, the display and distribution of the material via a third party website) without the express prior written consent of Boxout.
You may not redistribute, circumvent or disable any content protection system or digital rights management technology used with any Boxout Services; decompile, reverse engineer, disassemble or otherwise reduce any Boxout Services to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Boxout Services in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. By acquiring services, content or software through the Boxout Services, You represent and warrant that Your access to and use of the Boxout Services, content or software will comply with those requirements.
You must not use Our Website in any way that causes, or is likely to cause, Our Website or access to it to be interrupted, damaged or impaired in any way. You understand that You, and not Boxout, is responsible for all electronic communications and content sent from Your computer to us and You must use Our Website for lawful purposes only. You must not use Our Website for any of the following:
- for fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
- to send, use or reuse any material that does not belong to You; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam;
- to cause annoyance, inconvenience or needless anxiety.
Disclaimers and Limitation on Liability
THE BOXOUT SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS, LOSS OF OR DAMAGE TO DATA OR LOSS OF BUSINESS OR GOODWILL AND OR PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
UNLESS OTHERWISE SPECIFIED, BOXOUT SERVICES ARE PRESENTED SOLELY FOR THE PURPOSE OF PURSHASING, ENTERTAINMENT AND FOR OTHER SIMILAR PURPOSES IN ACCORDANCE WITH THE LAWS OF INDIA. BOXOUT MAKES NO REPRESENTATION THAT MATERIALS ON THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.
Additional Restrictions on Use of the Boxout Services
We do not allow Your use of the Boxout Services that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or resale or for rental purposes or that solicit others (including solicitations for contributions or donations). You may not submit posts intended to promote and/or generate revenue for yourself and/or any third party business activity. You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Boxout Services or connected network, or interfere with any person or entity’s use or enjoyment of any Boxout Service. You agree not to use any software or device that allows automated gameplay, expedited gameplay, or other manipulation of gameplay or game client and You agree not to cheat or otherwise modify a Boxout Service or experience to create an advantage for one user over another. Additionally, You agree not to access, monitor or copy any element of the Boxout Services using a robot, spider, scraper or other automated means or manual process without our express written permission.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to Boxout in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Boxout grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Boxout reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by Boxout (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Boxout Services with respect to their content.
Third Party Hyperlinks
The appearance of external hyperlinks and/or other elements generated by third parties on this site does not constitute endorsement by Boxout and/or its affiliate companies of the opinions or views expressed by such third parties’ websites. Boxout does not verify, endorse or take responsibility for the accuracy, currency, completeness or quality of the content contained on these third parties’ sites. Furthermore, Boxout is not responsible for the quality of services offered, accessed, obtained by or advertised at such third parties’ sites. As such, Boxout will not be responsible for content provided on any third party website, and further Boxout will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked websites.
Third-Party Services and Content
If You access a Boxout Services using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Boxout Services. You agree that Your access to the Boxout Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
When You access the Boxout Services through a mobile network, Your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Boxout Services may be prohibited or restricted by Your network provider and not all Boxout Services may work with Your network provider or device.
- Your Content and Account
User Generated Content
The Boxout Services may allow You to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is unlawful, abusive, tortuous, profane, pedophilic, racially or ethnically or otherwise objectionable, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to Your User Generated Content; however, You grant us a non-exclusive, sub-licensable, irrevocable perpetual and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit, commercially or otherwise, such User Generated Content, in whole or in part, in all media formats now known or hereafter devised (including in connection with the Boxout Services and on third-party sites and platforms such as Facebook, Instagram, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to You, with or without attribution, and without the requirement of permission from or payment to You or any other person or entity. The User Generated Content may be subject to such additional terms and conditions provided by Boxout at the time of submission.
To the extent that we authorize You to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant You a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon Your assignment to us of all rights in the work You create. If such rights are not assigned to us, Your license to create derivative works using our copyrighted works shall be null and void.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Boxout Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to You. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Claims against Objectionable Content
We operate on a “notice and takedown” basis. If You believe that any content on Our Website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (” Objectionable Content “), please notify us immediately by following our Notice and Procedure for Notifying of Objectionable Content. Once this procedure has been followed, boxout.in will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
Notice and Procedure for Notifying boxout.in of Objectionable Content
If You believe that any content on, or advertised for sale on, Our Website contains any Objectionable Content as defined hereinabove, please notify us immediately by sending us a notice in the format as set out below.
Please note that this procedure is exclusively for notifying boxout.in of Objectionable Content on or advertised for sale on the boxout.in website. Please provide your address, telephone number, and e-mail address when sending the notice to us.
Important Warning: Giving false, misleading or inaccurate information in the Notice to boxout.in may result in civil and/ or criminal liability.
Notice to boxout.in of Objectionable Content
I, of, says as follows:
- I refer to the website www.boxout.in (“the website”). I make this statement in support of my giving boxout.in notice that, via the website, it is causing or contributing to the publication of Objectionable Content.
- The Objectionable Content (delete whichever paragraph is not applicable): (a) appear in being sold by boxout.in via the website entitled OR (b) appear on the website at.
- This content is Objectionable Content because
- I understand that this statement may be used in any court proceedings that may arise out of or relating to the Objectionable Content which I have complained about.
Statement of Truth
I declare the facts stated above to be true.
Please read the conditions of use carefully before using the boxout.in website. By using the boxout.in website, you signify your agreement to be bound by these conditions.
Some Boxout Services permit or require You to create an account to participate or to secure additional benefits. Such an account may be created You if You are above eighteen (18) years of age or by Your by father or mother whether biological, adoptive or step father or step mother and includes a legal guardian (“Parent”) on Your behalf. You agree to provide and maintain accurate, current and complete information, including Your contact information for notices and other communications from us and Your payment information. You agree to inform us immediately of any changes to the information that You provided when registering. You agree not to impersonate or misrepresent Your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details of a Parent. You agree that we may take steps to verify the accuracy of information You provide, including contact information for a Parent. You may never use another’s account without permission.
You undertake not to impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with a person or entity or disguise the origin of any content, stalk or otherwise harass another person or user, upload, post or e-mail any content that You do not have a right to transmit under any law or under contractual or fiduciary relationships, upload, post or e-mail any content that infringes any intellectual property rights or other third party rights of any party or violate any applicable national or international laws or regulations.
As a Boxout account holder You may submit content to the Service, including videos and user comments. You understand that Boxout does not guarantee any confidentiality with respect to any content You submit.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate Your account and Your ability to use the Boxout Services if You engage in, encourage or advocate for illegal conduct, or if You fail to comply with these terms or any supplemental terms.
Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of Your username and password, and You are responsible for all activities under Your account that You can reasonably control. You should take all necessary steps to ensure that the password is kept confidential and secure and You agree to promptly notify us if You have any reason to believe of any unauthorized use of Your username, password or other account information, or of any other breach of security that You become aware of involving the Boxout Services.
Although Boxout will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of Boxout or others due to such unauthorized use.
The security, integrity and confidentiality of Your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect Your information from unauthorized access, disclosure, use and modification.
When You use any Boxout Services, or send e-mails to us, You are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with You by e-mail, SMS, phone call or by posting notices on this site or through the other Boxout Services. You agree that all agreements, notices, disclosures and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
- Paid Transactions
Identity of Seller
Sales are made by Boxout or the seller identified at the time of sale, if different. If You have questions about Your order, please contact the seller at the address provided and they will assist You. Some storefronts on the Boxout Services are operated by third parties and, in that case, different or additional sale terms may apply, which You should read when they are presented to You.
Digital Content and Virtual Items
We may make applications, software or other digital content available on the Boxout Services for You to license for a one-time fee. When purchasing a license to access such material from a Boxout Service, charges will be disclosed to You on the Boxout Service before You complete the license purchase.
Your purchase of a virtual item is a payment for a limited, non-assignable license to access and use such content or functionality in the Boxout Services. Virtual items (including characters and character names) purchased or available to You in the Boxout Services can only be used in connection with the Boxout Services where You obtained them or where they were developed by You as a result of game play. These items are not redeemable or subject to refund and cannot be traded outside of the Boxout Services for money or other items for value. We may modify or discontinue virtual items or in-game currency at any time.
Competitions that You enter on a Boxout Service may have supplemental rules and conditions, but the following general rules apply absent contrary terms in any supplemental rules or conditions for the competition.
Your competition entry is User Generated Content and subject to all provisions of these terms that govern Your submission and our use of Your User Generated Content. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental authorization was not provided. Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.
We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice. We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information, or acted unethically. If we cancel or terminate a competition, prizes may be awarded in any manner we deem fair and appropriate consistent with local laws governing the competition.
To enter a competition, You must be a citizen of India, a registered user of the Boxout Services and have an active account with current contact information. No purchase is necessary to enter a competition and a purchase will not improve Your chances of winning. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition. If You are under the age of eighteen (18) (or the age of majority under applicable law) and the competition is open to You, we may need Your Parent’s permission before we can accept Your entry. We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Potential winners may be required to answer a mathematical test or a skill based questionnaire in order to be eligible to win a prize.
No cash or alternative prizes are available, except that we (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred (except to a child or other family member) or sold by winners. Only the number of prizes stated for the competition is available to be won and all prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the competition, after which no alternate winners will be selected or unclaimed prizes awarded. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.
Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants us an unconditional right to us to use Your name, town or city and state, province or country, likeness, prize information and statements by You about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their Parents) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
In case of any dispute or difference in respect of any competition organized by Boxout, the decision of Boxout shall be final and binding on all the parties concerned.
Every reasonable effort will be made to contact the winner. If a winner cannot be contacted within five (5) business days of the date of the selection of the winner, the Prize will revert to Boxout and may be awarded to another entrant with eligible entry at Boxout Shop’s absolute discretion.
- Reviews, comments, communications and other content
If You do post content or submit material, and unless we indicate otherwise, You
(a) grant Boxout and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) Boxout and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights You grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive Your right to be identified as the author of such content and Your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to protect any of the above rights granted by You to Boxout, including the execution of deeds and documents, at its request.
You represent and warrant that You own or otherwise control all of the rights to the content that You post or that you otherwise provide on or through Our Website; that, as at the date that the content or material is submitted to Boxout: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Boxout policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Boxout and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
You acknowledge and undertake that you are accessing the services on Our Website and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through Our Website. We shall neither be liable nor responsible for any actions or inactions of any third parties nor any breach of conditions, representations or warranties by the third parties and hereby expressly disclaim and any all responsibility and liability in that regard.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Our Website. While we have taken precautions to avoid inaccuracies in content, Our Website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind.
- Additional Provisions
Submissions and Unsolicited Ideas Policies
Our long-standing company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything You submit to us – whether or not solicited by us – You agree that creative ideas, suggestions or other materials You submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between You and us in any way, and that You have no expectation of review, compensation or consideration of any type.
Claims of Copyright Infringement
Notifications of claimed copyright infringement and counter notices must be sent to our designated address:[ILP Note: Please insert.]
Choice of Law
These terms are governed by and construed in accordance with the laws of Republic of India. You waive any claims that You might have against Boxout based on any other jurisdiction including your own.
Access to Our Website
We will do our utmost to ensure that availability of Our Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, Your access to Our Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these terms, which by their nature should survive the termination of these terms, shall survive such termination.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Boxout without restriction.
Boxout’s performance of its obligations under this Contract will be suspended for so long as Boxout is prevented from doing so by an Event of Force Majeure. “Event of Force Majeure” shall mean such events or circumstances, which are beyond the control of Boxout and which events could not have been reasonably foreseen or anticipated by Boxout upon the exercise of due care and diligence, including but not limited to Boxout Services’ operations being materially impaired, hampered, interrupted, prevented, suspended, postponed or discontinued due to the acts of God, earthquake, floods, riots, lockouts, war, civil disturbance, fire, accidents, armed conflict etc. government order or regulation, judicial order or decree (including without limitation injunctive relief, whether imposed on an industry wide basis or affecting Boxout), failure of technical facilities or substantial impairment in obtaining facilities which makes the rendering of Boxout Services beyond Boxout’s control.