TERMS OF SERVICE, LEGAL NOTICE & DISCLAIMER
You acknowledge and agree that in connection with Your use of the Site, You must: (i) provide for Your own access to the Internet and pay any service fees associated with such access, and (ii) provide all equipment necessary for You to make such access and connection to the Internet, including a computer, software, and a means of connecting to or accessing the Internet. Go Boom shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur from Your use of the Site.
Peer Groups; User Content
Go Boom may make available certain public and/or private forums such as blogs, bulletin boards, e-mail lists, or chat rooms (collectively, “Peer Groups”) on the Site. Use of any Peer Group is subject to these Terms of Service and any other notice or policy applicable to a particular Peer Group or Peer Groups in general. Any information, data, text, sound, graphics, video, messages, and other content and materials that You post to the Site via e-mail, uploading, posting, chat room, bulletin board or otherwise, or that You otherwise supply to Go Boom, shall be referred to herein as “User Content.” Be aware that when You voluntarily disclose personal information (e.g., user name, e-mail address, phone number, questions, and answers), on or through Peer Groups or otherwise while communicating with the Site, that such information is generally accessible to and may be collected and used by others and may result in unsolicited messages from other people. You are encouraged to exercise caution when providing personal information about yourself. You agree that You are solely responsible for the origination, accuracy, completeness, ownership, publication and dissemination of, and that You, and not Go Boom, are entirely responsible for, Your User Content. By submitting or sending User Content to the Site or Go Boom, You represent and warrant that such User Content is original to You, that no other party has any rights to such User Content, and that such User Content does not violate, infringe or misappropriate any third party right or applicable law.
By submitting or sending User Content to Go Boom or otherwise making User Content available for display on or through the Site, You hereby grant and agree to grant to Go Boom a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sublicenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, in connection with the Site. You also warrant that any “moral rights” in the User Content have been waived.
Go Boom does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from You through the Site, any of its services, by e-mail, or in any other way, and any information or material submitted or sent to Go Boom will be deemed not to be confidential or secret. You agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques, drawings, writings or other similar materials that You submit or otherwise communicate to the Site, may be used by Go Boom and/or by other Users in any manner.
Go Boom does not pre-screen, monitor, review or otherwise edit User Content posted, or otherwise made available, on or through the Site. However, Go Boom (or a designee) reserves the right (but assumes no obligation) to, at its sole discretion, refuse, edit or remove any User Content, in whole or in part, that, in Go Boom’s sole judgment, does not comply with these Terms of Service, is illegal, or is otherwise undesirable, inappropriate or inaccurate. Go Boom is not responsible for any failure, non-failure or delay in refusing, editing or removing such User Content.
User Conduct and User Content
You may not upload, post, email or otherwise transmit any User Content on or through the Site that: (i) infringes any proprietary rights of any person; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, sexually graphic, invasive of another’s privacy, or hateful; (iii) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of race, ethnicity, gender, religion, sexual orientation, age, or disability; (iv) contains unsolicited or unauthorized advertising, promotional materials, “spam,” “chain letters,” or any other form of solicitation; or (v) contains software viruses or any other computer code, files or programs designed to or which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity.
You further agree that You will not: (i) use the Site, or any part thereof, to “stalk” or harm any other User or any other person in any way; (ii) impersonate any person or entity, including but not limited to an officer, director, or representative of Go Boom, or falsely state or otherwise misrepresent Your identity or affiliation with a person or entity; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Site; (iv) disrupt the normal flow of dialogue in a Peer Group; (v) interfere with or disrupt the Site or servers or networks connected to the Site, or the use thereof, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (vi) “hack,” infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Site; (vii) harvest, collect or store information about the Users of this Site, the User Content posted by others on this Site or any other data or information on this Site, or use such information for any purpose inconsistent with the purpose of this Site; (viii) breach or attempt to breach the security of software, network, servers, data, computers or other hardware relating to the Site or that of any third party that is hosting or interfacing with any part of the Site; (ix) create any frames at any other Sites containing or incorporating the Site or any Site Content; or (x) violate any applicable local, state, national or international law or regulation.
You agree to maintain the strict confidentiality of any passwords issued to You for Your use or access to the Site, or any portion thereof, and You agree not to allow any other entity to use any username(s) and/or password(s) that are issued to You.
You may be able to link to third party sites (“Linked Sites”) from the Site, including, without limitation, web sites of other Users. Such Linked Sites are not necessarily reviewed, controlled or examined by Go Boom in any way and Go Boom is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. Links do not imply Go Boom’s endorsement of or association with the Linked Sites.
Disclaimer of Warranties
THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, GO BOOM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE SITE AND THE CONTENT THEREON; AND (ii) ANY WARRANTIES OF TITLE, WARRANTIES OF NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL GO BOOM OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, AFFILIATES, SUCCESSORS, ASSIGNS OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, THE INABILITY TO USE, OR RELIANCE ON THE SITE AND THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, PROGRAMS OR INFORMATION, EVEN IF GO BOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE NATURE OF THE CLAIM OR FORM OF ACTION. TO THE EXTENT SUCH LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT RECOGNIZED, SUCH LIMITATION OR EXCLUSION WILL BE INTERPRETED TO APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL GO BOOM BE LIABLE FOR, OR IN CONNECTION WITH, ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF GO BOOM TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF SERVICE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT OF FEES, IF ANY, PAID BY YOU TO GO BOOM.
Access, Maintenance of Site
Go Boom may, at any time, temporarily limit or suspend in whole or in part, a User’s access to the Site (or any part thereof) if such User is in breach, or if Go Boom has reason to believe such User is in breach of these Terms of Service. Go Boom may change, add or remove any of the services or features available on the Site, or may discontinue the Site as a whole, at any time. Go Boom shall not be responsible for any outages, technical failures or defects in the Site.
You represent and warrant that Your use of the Site shall be in accordance with these Terms of Service and all applicable laws, statutes, rules, regulations, ordinances and policies of all applicable worldwide jurisdictions.
By agreeing to use the Site, You agree to defend, indemnify and hold Go Boom, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from Your use of the Site, any violation of these Terms of Service by You, or any User Content You post on or through the Site.
We respect the intellectual property rights of others, and require that Users of the Site do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that You claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by You that You have a good faith belief that the disputed use is not authorized by You, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent: copyright(at)boomerhottie.com
Changes to Terms of Service
GO BOOM MAY CHANGE THESE TERMS OF SERVICE FROM TIME TO TIME AND AT ANY TIME, AND WITHOUT ACTUAL NOTICE TO YOU. ALL SUCH CHANGES TO THESE TERMS OF SERVICE WILL APPEAR ON THIS PAGE OF THE SITE. WE ENCOURAGE YOU TO CHECK FOR CHANGES TO THESE TERMS OF SERVICE REGULARLY. BY USING THE SITE FOLLOWING ANY MODIFICATIONS TO THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY ANY SUCH MODIFICATIONS TO THESE TERMS OF SERVICE.
Choice of Law; Applicable Laws/Jurisdiction
These Terms of Service and the relationship between You and Go Boom shall be governed and interpreted in accordance with the laws of the State of California, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of, and venue in, the federal and state courts in the State of California located in the County of Los Angeles. We control and operate this Site from our offices in the United States of America. Materials on the Site may not be appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws.
The failure of Go Boom to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service shall remain in full force and effect.