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Terms of Service

Last updated: June 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a binding agreement between you ("User" or "you") and BOOM MEDIA LLC ("Company", "we", "us", or "our"). By accessing, browsing, or using our website, products, and services (collectively, the "Services"), you agree to be bound by these Terms.

If you do not agree to these Terms, do not use our Services. We reserve the right to modify these Terms at any time. Your continued use of the Services after modifications signifies your acceptance of the updated Terms.

2. Use License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Access and use our Services for lawful purposes
  • Download content for personal, non-commercial use
  • Display content on your device for viewing purposes only

You may not reproduce, sell, modify, distribute, or transmit any content without express written permission from the Company.

3. Prohibited Conduct

You agree not to:

  • Violate any applicable laws, regulations, or third-party rights
  • Upload viruses, malware, or harmful code
  • Attempt to gain unauthorized access to our systems
  • Engage in any form of harassment, abuse, or hate speech
  • Spam, phish, or conduct fraudulent activities
  • Reverse-engineer, decompile, or disassemble our Services
  • Scrape or automate data collection without permission
  • Interfere with or disrupt the functionality of our Services

4. Intellectual Property Rights

All content on our Services, including text, graphics, logos, images, videos, and software, is the property of BOOM MEDIA LLC or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws.

User-generated content (comments, submissions, feedback) you provide to us may be used by the Company at its discretion without compensation or further notice to you, except where prohibited by law.

5. Third-Party Services & Links

Our Services may contain links to third-party websites and services. We are not responsible for the content, accuracy, availability, or practices of these third-party sites. Your use of third-party services is governed by their terms and privacy policies.

We do not endorse or make warranties about third-party services or products. Use them at your own risk.

6. Disclaimers

AS IS BASIS

Our Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not guarantee that our Services will be uninterrupted, error-free, or secure. We are not responsible for any damages, losses, or issues arising from your use of the Services.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BOOM MEDIA LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

  • Direct, indirect, incidental, special, or consequential damages
  • Loss of profits, revenue, data, or business opportunities
  • Any damage to your computer, device, or software
  • Costs of replacement goods or services

This applies regardless of the cause of action, whether in contract, tort, or otherwise, even if we have been advised of the possibility of such damages. In jurisdictions that do not allow such exclusions, liability is limited to the maximum extent permitted by law.

8. Indemnification

You agree to indemnify, defend, and hold harmless BOOM MEDIA LLC and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, costs, and expenses (including legal fees) arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your infringement of any third-party rights
  • Your violation of any applicable law

9. Service Termination

We reserve the right to suspend or terminate your access to our Services at any time, with or without notice, for any reason, including:

  • Violation of these Terms or our policies
  • Non-payment of fees or charges
  • Fraudulent or illegal activity
  • Excessive use of resources
  • At our sole discretion for any reason

Upon termination, your right to use the Services immediately ceases, and all applicable licenses are revoked.

10. Payment & Refunds

For paid Services, you agree to:

  • Provide accurate billing and account information
  • Pay all applicable fees and taxes
  • Authorize charges to your payment method
  • Notify us of billing disputes within 30 days

Refund policies are specified in your service agreement. Except as stated in our separate guarantee policy, Services are provided on a non-refundable basis. Credits or refunds are issued at our discretion.

11. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles.

You agree to submit to the exclusive jurisdiction of courts located in the United States for resolution of any disputes. Any dispute arising out of or relating to these Terms or the Services shall be resolved individually through binding arbitration in accordance with the Federal Arbitration Act, except as otherwise provided in our agreement.

12. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid, or if that is not possible, the provision shall be severed. The remaining provisions shall continue in full force and effect.

13. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements you have with us, constitute the entire agreement between you and BOOM MEDIA LLC regarding the Services and supersede all prior negotiations, understandings, and agreements.

14. Contact Us

If you have questions about these Terms of Service, please contact us at:

BOOM MEDIA LLC

Email: legal@boommedia.us

Website: boommedia.us