Services: Boom! Mobile’s Boom! Guardian program offers various free and paid cloud based and hardware based software accessible through the Website or Mobile App (the “Services”). Such Services include, but are not limited to, various personal, home and business solutions and any associated data storage. Boom! Mobile reserves the right to add to, modify or delete any of its Services at any time. Members who would like to utilize the Services must create an account and set up a user profile. Each Service may be subject to its own End User License Agreement (“EULA”), which must be agreed to by the Member prior to utilizing the Service. Boom! Mobile and/or Boom! Guardian may, at its option, offer a number of other additional Services in the future. If additional Services are offered, Boom! Mobile and/or Boom! Guardian may in its sole discretion adopt additional rules, regulations, licenses or terms of service concerning the additional Services.
Subscription based Services and Service Fees: In order to utilize some Services, the Member may be required to pay a monthly Service Fee (the “Service Fee”). The Service Fee shall be set forth in the Services registration and account creation interface. Members must keep valid credit card information on file with Boom! Mobile’s Boom! Guardian payment processor and hereby grants Boom! Mobile and/or Boom! Guardian authority to automatically bill the Member's credit card account to cover the Service Fee. Boom! Mobile and/or Boom! Guardian reserves the right to increase or decrease the fee for services upon notice to the member. The Services are licensed on a month to month basis and shall automatically renew unless terminated by Boom! Mobile and/or Boom! Guardian or Member in accordance with this Agreement. Boom! Mobile and/or Boom! Guardian may immediately terminate this Agreement in the event of: 1) Member’s breach of these TOS; 2) Member’s breach of Boom! Mobile’s Boom! Guardian Member Supplied Content Policy; 3) Member’s breach of Boom! Mobile’s Boom! Guardian MemberAffiliate Agreement; or Member’s failure to pay the Service Fee in accordance with this Agreement. A Member may terminate this Agreement by providing a 30-day notice to Boom! Mobile and/or Boom! Guardian. In the event this Agreement is terminated, the member shall not be entitled to any refund of the Service Fees.
Agreement to Terms: By using Boom! Mobile’s Boom! Guardian Services, a Member agrees to be bound by these Terms. If the Member doesn’t agree to be bound by these Terms, then the Member must not use the Services. If a Member is accessing and using the Services on behalf of a company (such as Member’s employer) or other legal entity, Member represents and warrants that the Member has the authority to bind that company or other legal entity and each of its affiliates to these Terms. In that case, “you” and “your” and “Member” will refer to that company or other legal entity and its affiliates.
Changes to Terms or Services: Boom! Mobile and/or Boom! Guardian may modify the Terms at any time, at our sole discretion. Boom! Mobile and/or Boom! Guardian will notify the Member of changes either by posting the modified Terms on the Site(s) or through other communications. It’s important that the Member reviews the Terms whenever Boom! Mobile and/or Boom! Guardian modifies them because if Member continues to use the Services after Boom! Mobile and/or Boom! Guardian has posted modified Terms on the Site(s), a Member is indicating to Boom! Mobile and/or Boom! Guardian that they agree to be bound by the modified Terms. If a Member doesn’t agree to be bound by the modified Terms, then the Member may not continue to use the Services. Because Boom! Mobile’s Boom! Guardian Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Eligibility to Use the Services: Only persons 18 years or older may use Boom! Mobile’s Boom! Guardian Services and must be capable of forming a binding contract with Boom! Mobile and/or Boom! Guardian and are not banned from using the Services under applicable law.
Registration and Your Information: If a Member wants to use certain features of the Services, they have to create an account (“Account”). A Member can do this via the Boom! Mobile and/or Boom! Guardian website. It is important that the Member provides us with accurate, complete and upto-date information for their Account, and the Member agrees to update such information, as needed, to keep it accurate, complete and up-to-date. If the Member fails to do this, Boom! Mobile and/or Boom! Guardian might have to suspend or terminate their Account. Member agrees that they will not disclose their Account password to anyone and Member will notify Boom! Mobile and/or Boom! Guardian immediately of any unauthorized use of their Account. The Member is responsible for all activities that occur under their Account, whether or not the Member knows about the use, whether authorized or not.
Feedback: Boom! Mobile and Boom! Guardian welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). A Member grants to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub licensable and transferable license under any and all intellectual property rights that the Member owns or controls to use, copy, modify, and create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content and Content Rights: For purposes of these Terms “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.
Content Ownership, Responsibility and Removal: Boom! Mobile, Boom! Guardian and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. A Member acknowledges that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. A Member agrees not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in Content Granted by Boom! Mobile: Subject to compliance with these Terms, Boom! Mobile grants a Boom! Guardian Member a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with the Member’s permitted use of the Services and solely for a Member’s personal and non-commercial purposes.
Receipt of Marketing Materials: A Member may “opt out” from receiving marketing materials from Boom! Mobile and/or Boom! Guardian at any time. If at any time a Member wishes to discontinue receiving promotional materials from Boom! Mobile and/or Boom! Guardian, Member must follow the instructions for removal contained on the most recent communication from Boom! Mobile and/or Boom! Guardian, or email email@example.com and Boom! Guardian offers a Member the ability to unsubscribe from certain communications through certain email communications.
Rights in Software and App Granted by Boom! Mobile: Subject to a Member’s compliance with these Terms, with respect to any software installed or embedded in any Boom! Mobile products (“Software”), Boom! Mobile grants the Member a limited non-exclusive, non-transferable, non-sublicenseable license to use the software and download and install a copy of the Boom! Guardian App on a mobile device or computer the Member owns or controls and to run such copy of the Boom! Guardian App solely for a Member’s own personal non-commercial purposes. A Member may not copy the Boom! Guardian App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, a Member may not: (i) copy, modify, translate or create derivative works based on the App; (ii) distribute, transfer, publish, disclose, sub license, lease, lend, sell or rent the App to any third party; (iii) reverse engineer, decompile, reverse decompile or disassemble the App, or otherwise attempt to derive the source code; (iv) make the functionality of the App available to third parties or multiple users through any means, or (v) benchmark or conduct any performance or comparison tests on the App. Boom! Mobile reserves all rights in and to the Boom! Guardian App not expressly granted to Member under these Terms.
Rights in Subscription Service: Subject to a Member’s payment for the applicable term of the subscription, Boom! Mobile’s Boom! Guardian App will provide a Member with its cloud connectivity that fights internet of things (IoT) hacking and protects from identity theft, financial fraud, device destruction and other home security problems by automatically blocking hacks, based on machine learning, behavioral intelligence and cloud data (the “Subscription Service”) for Member’s own personal non-commercial purposes. The term of the Subscription Service will continue from the date of purchase of the applicable Boom! Mobile product and continue for the applicable term, purchased month to month. Boom! Mobile will have the right to terminate the Boom! Guardian Subscription Service at any time.by providing a Member notice. Boom! Mobile will not give a refund for any subscription services at any time because of the nature of the product and the immediacy of the use.
General Prohibitions and Boom! Mobile’s Enforcement Rights: A Member may not use, display, mirror or frame the Services or any individual element within the Services, Boom! Mobile’s or Boom! Guardian’s name, any Boom! Mobile or Boom! Guardian trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Boom! Mobile LLC’s express written consent; Access, tamper with, or use non-public areas of the Services, Boom! Mobile’s or Boom! Guardian’s computer systems, or the technical delivery systems of Boom! Mobile’s or Boom! Guardian’s providers; Attempt to probe, scan or test the vulnerability of any Boom! Mobile or Boom! Guardian system or network or breach any security or authentication measures; Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Boom! Mobile or Boom! Guardian or any of Boom! Mobile’s or Boom! Guardian’s providers or any other third party (including another Member) to protect the Services or Content; Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Boom! Mobile, Boom! Guardian or other generally available third-party web browsers; Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; Use any meta tags or other hidden text or metadata utilizing a Boom!
Mobile or Boom! Guardian trademark, logo URL or product name without Boom! Mobile LLC’s express written consent; Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information; Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content; Interfere with, or attempt to interfere with, the access of any Member, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation; or Encourage or enable any other individual to do any of the foregoing. Although Boom! Mobile and/or Boom! Guardian are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, Boom! Mobile and Boom! Guardian have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. Boom! Mobile and/or Boom! Guardian reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms, without any liability to Member or any third party. Boom! Mobile and/or Boom! Guardian has the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute Members who violate the law, and we will comply with court orders, and summonses when required by law
Third Party Resources: The Services and App contain anti-virus, malware protection and website filtering provided by a third-party resource called Brightcloud. Boom! Mobile and/or Boom! Guardian provide these services only as a convenience and are not responsible for the content, products or services available from this resource. Boom! Guardian App provides adjustments options for a member to change filter settings. The Member acknowledges sole responsibility for filter adjustments and assumes all risk arising from, Member’s use of any third-party resources.
Links to Third Party Websites or Resources: The Services and App may contain links to thirdparty websites or resources. Boom! Mobile and/or Boom! Guardian provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. The Member acknowledges sole responsibility for and assumes all risk arising from, Member’s use of any third-party websites or resources.
Refund Policy: Boom! Mobile and/or Boom! Guardian may offer a trial membership option for the full Boom! Guardian Services Membership. This trial and all subsequent Service Fees are non-refundable. The digital nature of the Services and the immediacy of the benefits make any possibility for refund commercially impractical. Failure to pay any associated Service Fee shall immediately terminate the license granted in Paragraph 5 of this TOS along with any Service EULA. Boom! Mobile and/or Boom! Guardian marketing department might make versus offers such as a 30day money back grantee or a 60day money back grantee. We will honor the money back guarantee, but this does not change our ongoing refund policy.
Termination: Boom! Mobile and/or Boom! Guardian may terminate a Member’s access to, and use of the Services, at our sole discretion, at any time and without notice. A Member may cancel their Account at any time by sending an email to us at firstname.lastname@example.org Upon any termination of, discontinuation of or cancellation of Services for Member’s Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions. Boom! Mobile may suspend or terminate a Member's use of the Boom! Guardian Services if Boom! Mobile believes, in its sole and absolute discretion that a Member has breached a term of these TOS. Notwithstanding Boom! Mobile’s termination of Member's permission to use the Services, these TOS will survive indefinitely unless and until Boom! Mobile discontinues the Services. After the termination of the Member's permission to use the Services, Boom! Mobile may delete any Member’s Supplied Content or other data relating to the Member's use of the Services (“Member Data”) residing on Boom! Mobile’s and/or Boom! Guardian’s servers or in its databases or otherwise in its possession and Boom! Mobile LLC will have no liability to the Member or any third party for doing so.
Warranty Disclaimers: Boom! Mobile provides a limited warranty on its hardware device as follows: Boom! Mobile does not provide any warranty for any data that may be stored on the device or Boom! Mobile’s/Boom! Guardian’s servers and Boom! Mobile does not provide any warranty regarding such data. The services and content are provided “as is,” without warranty of any kind. Without limiting the foregoing, Boom! Mobile and Boom! Guardian explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that the services will meet the Member’s requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content. Boom! Mobile provides the Boom! Guardian services on an “as is” and “as available” basis. Boom! Mobile does not represent or warrant that the services or their use: (i) will be uninterrupted, (ii) will be free of inaccuracies or errors, (iii) will meet Member’s requirements. Boom! Mobile makes no warranties other than those made expressly in these TOS, and hereby disclaims any and all implied warranties, including without limitation: warranties of fitness for a particular purpose, merchantability, and non-infringement. The parties acknowledge that the services are for the Member's own internal personal or business use. The Member hereby waives any claim against Boom! Mobile and/or Boom! Guardian and hereby indemnifies Boom! Mobile and/or Boom! Guardian, its employees, representatives, agents, contractors, affiliates, directors, officers, managers and shareholders harmless from any damage, loss or expense, including without limitation, attorney’s fees and costs incurred in connection with a Member's use of the services.
Indemnity: The Member will indemnify and hold harmless Boom! Mobile, Boom! Guardian and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with, (ii) the Member’s use of these Services, or (iii) a Member’s breach of these Terms. The Member will indemnify and hold Boom! Mobile, Boom! Guardian and its employees, representatives, agents, affiliates, directors, officers, managers, and shareholders (the “Indemnified Parties”) harmless from any damage, loss, or expense, including without limitation, attorneys' fees and costs, incurred in connection with any third-party claim, demand, or action (a “Claim”) brought against any of the Indemnified Parties alleging that Member has breached any of these TOS through any act or omission. If a Member is required to indemnify Boom! Mobile and/or Boom! Guardian under this Section, Boom! Mobile LLC will have the right to control the defense, settlement, and resolution of any Claim at the Member's sole expense. A Member may not settle or otherwise resolve any Claim without Boom! Mobile LLC’s prior express written consent.
Limitation of Liability: Neither Boom! Mobile, Boom! Guardian, nor any other party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or network interruption or impact on other devices or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the services or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Boom! Mobile and/or Boom! Guardian has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In no event will Boom! Mobile’s and/or Boom! Guardian’s total liability arising out of or in connection with these terms or from the use of or inability to use the services or content exceed the amounts you have paid to Boom! Mobile and/or Boom! Guardian for use of the services or content in the six (6) months prior to the applicable event. Exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Boom! Mobile and/or Boom! Guardian and the Member. Boom! Mobile and/or Boom! Guardian will not be liable to a Member or any third party for any consequential, incidental, indirect, punitive, or special damages (including damages relating to lost profits, lost data, or loss of goodwill) arising out of, relating to, or connected with the use of services, based on any cause of action, even if advised of the possibility of such damages.
Choice of Law: These TOS, and any other Agreement incorporated by reference in these TOS shall be governed by laws of the State of Colorado, without regard to its conflicts of laws principles. Assignment: The TOS will be binding upon each party hereto and its successors and permitted assigns. These TOS cannot be assignable or transferable by a Member.
Arbitration Notice: Unless a Member opts out of arbitration within 10 days of the date the Member first agrees to these terms by following the opt-out procedure, the Member agrees that disputes between the Member and Boom! Mobile and/or Boom! Guardian will be resolved by binding, individual arbitration and the Member is waiving their right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Agreement to Arbitrate: The Member and Boom! Mobile and/or Boom! Guardian agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, a Member will also have the right to litigate any other Dispute if the Member provides Boom! Mobile and/or Boom! Guardian with written notice of their desire to do so by email or regular mail within ten (10) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you do not provide Boom! Mobile and/or Boom! Guardian with an Arbitration Opt-out Notice within the ten (10) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if a Member timely provides Boom! Mobile and/or Boom! Guardian with an Arbitration Opt-out Notice, will be the state and federal courts located in Lakewood, Colorado USA and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless Member timely provides Boom! Mobile and/or Boom! Guardian with an Arbitration Opt-out Notice, the Member acknowledges and agrees that the Member and Boom! Mobile and/or Boom! Guardian are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both the Member and Boom! Mobile and/or Boom! Guardian otherwise agree in writing, the arbitrator may not consolidate more than one Member’s claims, and may not otherwise preside over any form of any class or representative proceeding. Any claim arising out of, relating to, or connected with these TOS or Member's use of any part of the Services must be asserted individually. If this specific paragraph is held unenforceable under AAA rules the parties may proceed to the courts to enforce this provision. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. Arbitration Process: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules, and all parties shall be entitled to discovery rights allowed under the Federal Rules of Civil Procedure. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Arbitration Location and Procedure unless the Member and Boom! Mobile and/or Boom! Guardian otherwise agree, the arbitration will be conducted in Lakewood, Colorado USA. If the Member’s claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that the Member and Boom! Mobile and/or Boom! Guardian submit to the arbitrator, unless the Member requests a hearing or the arbitrator determines that a hearing is necessary. If a Member’s claim exceeds $10,000, their right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Additionally, Member agrees not to initiate or participate in any class action proceeding against Boom! Mobile and/or Boom! Guardian, whether in a judicial or mediation or arbitration proceeding, and waives all rights to become a member of any certified class in any lawsuit or proceeding. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent Boom! Mobile and/or Boom! Guardian from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect its interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award about any arbitration or other proceeding. Arbitrator’s Decision: The arbitrator will render an award that is binding on all parties within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If the Member prevails in arbitration they will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Boom! Mobile and/or Boom! Guardian will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration. Fees: Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Boom! Mobile and/or Boom! Guardian will split all such fees unless the arbitrator finds that either the substance of the Member’s claim or the relief sought in their Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Changes: Notwithstanding the provisions of the “Modification” section above, if Boom! Mobile and/or Boom! Guardian changes this “Dispute Resolution” section after the date a Member first accepted these Terms (or accepted any subsequent changes to these Terms), the Member may reject any such change by sending Boom! Mobile and/or Boom! Guardian written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Boom! Mobile’s and/or Boom! Guardian’s email to the Member notifying them of such change. By rejecting any change, the Member is agreeing that they will arbitrate any Dispute between the Member and Boom! Mobile and/or Boom! Guardian in accordance with the provisions of this “Dispute Resolution” section as of the date the Member first accepted these Terms (or accepted any subsequent changes to these Terms).
General Terms: These Terms constitute the entire and exclusive understanding and agreement between Boom! Mobile and/or Boom! Guardian and a Member regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Boom! Mobile and/or Boom! Guardian and a Member regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if a Member timely opts out of arbitration by sending Boom! Mobile and/or Boom! Guardian an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. A Member may not assign or transfer these Terms, by operation of law or otherwise, without Boom! Mobile’s and/or Boom! Guardian’s prior written consent. Any attempt by a Member to assign or transfer these Terms, without such consent, will be null. Boom! Mobile and/or Boom! Guardian may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by Boom! Mobile and/or Boom! Guardian under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Boom! Mobile’s and/or Boom! Guardian’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Boom! Mobile and/or Boom! Guardian. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
11. Representations and Warranties: Member represents and warrants to Boom! Mobile and/or Boom! Guardian that Member’s use of the Services will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other legal right of any third party and will comply with all applicable laws, rules, and regulations. Member further represents and warrants to Boom! Mobile and/or Boom! Guardian that they are the true owner of the Member Supplied Content and that the Content is free from any and all liens, encumbrances, or any other restrictions on Member's right to display or use the content, and that there are, to the best of Member's knowledge, no pending or threatened claims, demands, or litigation concerning any of the Member Supplied Content. Furthermore, Member represent to Boom! Mobile and/or Boom! Guardian that Boom! Mobile and/or Boom! Guardian will not be required to make any payments such as licensing fees or royalties to any third party in connection with the Member Supplied Content.
Assignment: The TOS will be binding upon each party hereto and its successors and permitted assigns. These TOS cannot be assignable or transferable by a Member. No Partnership or Joint Venture: The Member and Boom! Mobile and/or Boom! Guardian are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS.
Intellectual Property Rights: All intellectual property rights and all other rights, title, and interest in and to the Services, except for the limited license as granted to Member herein are and shall remain the exclusive property of Boom! Mobile and/or Boom! Guardian. Such rights include, but are not limited to, any and all trademark rights including rights to the marks: www.boom.us, all copyrights in and to the Websites, and any other websites owned by Boom! Mobile, and any proprietary rights used in providing the Services, including, but not limited to computer software and hardware interfaces. Member cannot acquire any right, title, or interest in or to the rights through Member's use of the Services under this TOS or otherwise. Rights to Submissions and Other Information By Member’s use of the Services, Member consents and agrees that any questions, comments, suggestions, ideas, or any other information whether submitted via email, telephone, US mail, Fax, contest submission, or appearing on any message board or chat group, excluding any Member Data (collectively "Submitted Information"), Member hereby grants Boom! Mobile and/or Boom! Guardian permission to use and incorporate such Submitted Information in its business and the Services, for marketing and other promotional purposes without any payment to Member. This grant of rights includes the right to sublicense. Furthermore, Member agrees that Boom! Mobile and/or Boom! Guardian will have no obligation to keep any Submitted Information confidential. Member will not bring a claim and hereby forever waives all claims against Boom! Mobile and/or Boom! Guardian based on “droit moral”, moral rights, or any other legal or equitable theory from Boom! Mobile’s and/or Boom! Guardian’s use of the Submitted Information.
Monitoring: Boom! Mobile reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Services. If Boom! Mobile and/or Boom! Guardian determines, in its sole and absolute discretion, that you or another Member will breach a term or condition of these TOS or that such transaction or communication is inappropriate, Boom! Mobile and/or Boom! Guardian may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
Modification of the TOS: Boom! Mobile and/or Boom! Guardian reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement within the Services without any further notice to you. For certain changes to the TOS, Boom! Mobile and/or Boom! Guardian may, at its option, notify you by email at the email address in our then current records. If any modification is unacceptable to you, Member's only recourse is to discontinue the use of our Services. Member's continued use of the Services following the posting of a change notice or new TOS within the Services will constitute affirmative and binding acceptance by you of the changes.
Compliance with TOS and Applicable Law: You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to above, and all applicable laws, regulations, and rules when you use the Services.
Boom! Mobile’s Boom! Guardian Member Supplied Content Policy: Boom! Mobile’s Boom! Guardian Member Supplied Content Policy (“Content Policy”). This policy governs all the data (“Content”) Members upload to our database for use with the Services provided by Boom! Mobile’s Boom! Guardian. This policy is issued under Boom! Mobile’s Boom! Guardian Terms of Service (“TOS”). Any capitalized terms not defined herein, shall have the same meaning ascribed to them in the TOS. Boom! Mobile and/or Boom! Guardian reserves the right to make changes to this policy at any time in its sole discretion. You will be notified of changes in this policy as provided for in the TOS. Ownership of Content: Members may only upload Content to our database that Member has legitimate rights to or have permission from the owner to use. By uploading the content Member is warranting to Boom! Mobile and/or Boom! Guardian that its use of the Content in conjunction with the Services does not violate or infringe on any third party’s right in or to the Content. Prohibited Content or Uses: Additionally, Members may not upload any Content that is: generally offensive or inappropriate as determined by Boom! Mobile and/or Boom! Guardian in its sole discretion; obscene or pornographic; libelous, slanderous or otherwise defamatory; designed or intended to harass, threaten, or intimidate others; in violation of any applicable, rule, law, regulation or ordinance; exploits the images or likeness of minors; infringing on any right of a third party including, but not limited to any rights relating to trademarks, copyrights, trade secret, trade dress, patent, right of publicity, or rights of privacy.
arental Consent / Notice of Information Practices: If Member installs a Boom! Guardian App, or any associated technology, on a child or minor’s device, including, but not limited to, computers, phones, tablets, ipads, etc. the Member must have written permission or legal authority to do so. Member hereby agrees to indemnify Boom! Mobile and/or Boom! Guardian for any harm or damages that result from any unauthorized tracking, recording, data collection, or other breach of a minor’s privacy, including the disclosure of personal information from or about children or minors on the internet. Boom! Mobile and Boom! Guardian do not collect age information about its users and will not request, prompt or encourage a minor or child to submit personal information online. Boom! Mobile and Boom! Guardian collect metadata and information about the accessing, or attempts to access, websites. This information is then reported to the Member to help ensure a safe environment for internet users of all ages.
Effective January 1, 2018
Protecting your privacy is important to us at Boom! Mobile (DBA Boom! Guardian). With this in
apply to any third-party websites, services or applications, even if they are accessible through
make sure that you have read and understand our Terms of Service.
Security of Personal Information: We employ commercially reasonable technology and systems
to protect your Personal Information from unauthorized access and disclosure. For example,
sensitive information is transmitted to us in an encrypted format using secure socket layer
technology. However, no protection methods are 100% secure, and therefore we cannot
guarantee the 100% security of your Personal Information. We are not responsible for any
disclosure of Personal Information due to any errors in transmission of your information, or any
unauthorized third-party access or any other acts by third parties, or any acts or omissions
beyond our reasonable control.
Public and Shared Nature of Certain Content: The Services provided by Boom! Mobile (DBA
Boom! Guardian) now or in the future may be accessible by the public. Examples of publically
accessible information include, but are not limited to Member’s public user profile, any
information you make publicly available for other Members to discover, any information you
directly share with other Members.
Disclosure of Non-Personally Identifiable Information: We may disclose any Non-Personally
Identifiable Information we collect to our strategic business partners, potential business
partners, vendors, investors, advisors and customers. This information is usually disclosed in
terms of aggregate numbers. Since the information cannot be traced back to you directly, you
may not “opt out” of our use of such Non-Personally Identifiable Information.
Disclosure to Other Third Parties: We reserve the right to disclose your Personal Information to
protect or enforce Boom! Mobile’s (DBA Boom! Guardian) rights, or the rights of a third party,
to prevent an emergency, or as may be required by law, including but not limited to, complying
with subpoenas or court orders. We are not responsible for third parties uses of any Personal
Information contained in these public disclosures. In the course of providing Services to you, we
may at our option use third party service providers to provide some or all of the Services. An
example of this would be the use of third party payment processing companies to process
payments made by you for any Subscription based Services or Service fee(s). We make all
commercially reasonable efforts to make sure that these third party vendor's use your Personal
Information only to the extent necessary to provide the Services to you. However, we cannot
guarantee that a third party vendor will not disclose your Personal Information.
them on the Services website or by sending you an email or other notification, and we’ll update
the “Last Updated Date” above to indicate when those changes will become effective. Our
primary goals in collecting information are to provide and improve our Services, to administer
your use of the Services (including your Account, if you are an Account holder), and to enable
you to enjoy and easily use our Services.
Account Information: If you create an Account, we’ll collect certain information that can be
used to identify you, such as your name, email address, postal address and phone number
Information Collected Using Cookies and other Web Technologies: Boom! Mobile (DBA Boom!
Guardian) uses “cookies” (small files placed on your hard drive) for several different purposes.
Services, and to personalize and track your use of Services. Most cookies are session cookies,
meaning they are automatically deleted from your hard drive at the end of a session. Our use of
cookies does not track or otherwise utilize any of your Personal Information. You may
encounter cookies from third parties on Boom! Mobile (DBA Boom! Guardian) that we do not
particular usage of cookies. Like many website owners and operators, we use automated data
collection tools such as Cookies and Web Beacons to collect certain information. “Cookies” are
small text files that are placed on your device by a Web server when you access our Services.
We may use both session Cookies and persistent Cookies to identify that you’ve logged in to the
to monitor aggregate usage and web traffic routing on our Services and to customize and
improve our Services. Unlike persistent Cookies, session Cookies are deleted when you log off
from the Services and close your browser. Although most browsers automatically accept
Cookies, you can change your browser options to stop automatically accepting Cookies or to
prompt you before accepting Cookies. Please note, however, that if you don’t accept Cookies,
you may not be able to access all portions or features of the Services. Some third-party services
providers that we engage (including third-party advertisers) may also place their own Cookies
tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our
Services for several purposes, including to deliver or communicate with Cookies, to track and
measure the performance of our Services, to monitor how many visitors view our Services, and
to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user’s
hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).
Information Related to Use of the Services: Our servers automatically record certain
information about how a person uses our Services (we refer to this information as “Log Data”),
including both Account holders and non-Account holders (either, a “User”). Log Data may
include information such as a User’s Internet Protocol (IP) address, browser type, operating
system, the web page that a User was visiting before accessing our Services, the pages or
features of our Services to which a User browsed and the time spent on those pages or
features, search terms, the links on our Services that a User clicked on and other statistics. We
use Log Data to administer the Services and we analyze (and may engage and work with third
parties to analyze and use this data) Log Data to improve, customize and enhance our Services
by expanding their features and functionality and tailoring them to our Users’ needs and
preferences. As part of the Services, our software collects and transmits traffic identifying
information. We store this information on our servers.
Information Sent by Your Mobile Device: We collect certain information that your mobile
device sends when you use our Services, like a device identifier, user settings and the operating
system of your device, as well as information about your use of our Services.
Location Information: When you use our App, we may collect and store information about your
location by converting your IP address into a rough geo-location or by accessing your mobile
device’s GPS coordinates or course location if you enable location services on your device. We
may use location information to improve and personalize our Services for you. Information That
We Share with Third Parties: We will not share any PII that we have collected from or regarding
you except as described below:
Information Disclosed in Connection with Business Transactions: If we are acquired by a third
party as a result of a transaction such as a merger, acquisition or asset sale or if our assets are
acquired by a third party in the event we go out of business or enter bankruptcy, some or all of
our assets, including your PII, may be disclosed or transferred to a third-party acquirer in
connection with the transaction.
Information Disclosed for Our Protection and the Protection of Others: We cooperate with
government and law enforcement officials or private parties to enforce and comply with the
law. We may disclose any information about you to government or law enforcement officials or
private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to
claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and
the property, rights and safety of a third party or the public in general; and (iii) to stop any
activity that we consider illegal, unethical or legally actionable activity. Responding to Do Not
Track Signals. Our Site does not have the capability to respond to “Do Not Track” signals
received from various web browsers.
The Security of Your Information: We take reasonable administrative, physical and electronic
measures designed to protect the information that we collect from or about you (including your
PII) from unauthorized access, use or disclosure. Please be aware, however, that no method of
transmitting information over the Internet or storing information is completely secure.
Accordingly, we cannot guarantee the absolute security of any information.
Links to Other Sites: Our Services may contain links to websites and services that are owned or
operated by third parties (each, a “Third-party Service”). Any information that you provide on
or to a Third-party Service or that is collected by a Third-party Service is provided directly to the
owner or operator of the Third-party Service and is subject to the owner’s or operator’s privacy
policy. We’re not responsible for the content, privacy or security practices and policies of any
Third-party Service. To protect your information we recommend that you carefully review the
privacy policies of all Third-party Services that you access.
International Transfer: Your PII may be transferred to, and maintained on, computers located
outside of your state, province, country or other governmental jurisdiction where the privacy
laws may not be as protective as those in your jurisdiction. If you’re located outside the United
States and choose to provide your PII to us, we may transfer your PII to the United States and
process it there.
continued use of the Services. A User’s continued use of the Services after notification of a