Welcome to BOOMASH, created and operated by Enermedia, LLC (the “Company”).
BOOMASH is a social site where you may show things you like and meet people like you by playing image battles on a variety of topics.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE THE SERVICE.
- Service: contents and functions of the site located at boomash.com and any other websites or applications, operated or controlled by the Company (the "Website") available to Users that agree with these Terms.
- User: it is the natural person, consumer or entrepreneur, company, association, consortium, foundation or cooperative belonging to the European Union or not, or all of them, registered or accessing the Service. Since "private" use is the default, business Users are invited to set their profile as business on the settings of the Service.
- User content: anything that a User posts or otherwise makes available on the Service including photos, comments, links, and other materials.
- Image: a User content posted by a registered User featuring a static or animated photo provided with texts, external links and other materials accessible to other Users (registered or not).
- Mash (image battle): a User content posted by a registered User as a collection of two or more images displayed to other Users (registered or not) in a 1 vs 1 battle play mode and provided with texts, external links and other materials.
- Winner: the very last image clicked by a User who is playing a Mash.
- Affinity Rate: a measure from 0 to 100% that defines the degree of similarity between two given registered private Users based on their interactions with the contents.
- Match: a function of the Service that displays to a registered private User a list of other registered private Users with a certain Affinity Rate.
- Chat: a function of the Service that allows two given registered private Users with a certain Affinity Rate to interact via private messages.
- Invite: a function of the Service that allows a registered User to send an invitation (notified in-Service and via email) to play a given Mash to other Users of the Service or to people outside the Service by entering their email addresses .
- Player: a User of the Service that accepted to play a Mash until establishing the winner.
- Share: a function of the Service connected to each Mash that allows Users to share the Mash unique url outside the Service with no restrictions.
- Premium: constitutes the extended version of the Service that embodies greater functionality than the basic one (Free). This option entails a money payment which could take form in both a subscription fee plan or an individual purchase of a service.
- This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Service. This Agreement includes also the Company’s Safety Tips and the terms disclosed and agreed to by you if you purchase or accept additional features, products or services we might offer on the Service.
- We may, at any time and for any reason make changes to this Agreement. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you shall be deemed to have accepted those changes. If you don’t agree to these changes, you must end your relationship with us by ceasing to use the Service and leaving the Website.
- You must be at least 18 years of age to register to the Website and use the Service.
- Users who are underage do not have to use the Service or provide any kind of personal information. Parents of underage children are kindly requested to contact us as soon as they become aware of their children's activity on the Service.
- By registering and using the Service, you represent and warrant to the Company that you, accordingly with your personal law, can form a binding contract with the Company, and you will comply with this Agreement and all applicable laws and regulations.
- If you register, you represent and warrant that you have never been convicted of as a sex offender.
- Information must be accurate. If you provide us or use false information or impersonate another person through your account, we will cancel your account, and you are the solely responsible for the consequences of such acts.
3. CREATING AN ACCOUNT ON BOOMASH
- You are required to provide some mandatory personal data when registering to the Website:
- Your e-mail address (not visible to the public on the Service)
- Your date of birth (not visible to the public on the Service)
- A Username (publicly visible on the Service by default)
- Your name (publicly visible on the Service only if you want it)
- Your surname (publicly visible on the Service only if you want it)
- You are also required to create a password. The password protects your account and you are solely responsible for keeping it confidential and secure. You understand and agree to be responsible for any use of your Username and password within the Service. In case of theft or loss of the Username and / or password, or if you believe that third parties have been unauthorized to access to your account, please notify us immediately and change your password as soon as possible.
- If you decide to sign up to the Website using Google login through Google’s authentication procedure you authorize us to access and use certain Google account information. You also agree to check that the email address taken off Google is valid and/or to change it to facilitate communications with the Service.
4. THE SERVICE
- By signing up to the Website, you are provided with a web space where you can enter and share with other Users images and other multimedia content, post comments and play, within the limits stated by the Terms of Service, with contents posted by other Users. The Company therefore gives to the Users a limited, non-exclusive and revocable license for the use of the Service.
- Therefore, you may, according to your preferences and privacy settings, authorize other Users to see your content and / or your actions on the Service.
- The Service offered by the Company is free (Free version). However, the Company reserves the right to limit some Free Service's features, through internet ads or display ads. The Company also reserves the right to add some activities, applications, service extensions, or web space available only upon payment of a fee (Paid Service). Once the paid service is purchased the User is not entitled for any money compensations or refund; unless noted otherwise by the Law of the Users home country.
- By using the Service you agree that it will remain active at the discretion of the Company and without limitations.
5. USER RIGHTS AND RESPONSIBILITIES
- The Service and its contents are the property of the Company or its licensors.
- Content uploaded and shared by the User remains the property of the same User who uploaded and / or shared, or their respective owners and / or licensors, including intellectual property rights.
- Users take on the responsibility of all liability, civil, penal, and administrative content, comments, information and / or messages uploaded and / or shared on the Service, and therefore the Company declines any responsibility in this regard. Users, by the way, expressly relieve the Company from any civil, criminal, and administrative liability in relation to content, comments, information and / or messages uploaded and / or shared on the Service.
- All registered trademarks, service marks, filenames, logos, domain names, and any other features of the BOOMASH trademark are the exclusive property of the Company or its licensors. The User is not permitted to use any trademark, logo, BOOMASH trademark for commercial or non-commercial use.
6. YOUR INTERACTIONS WITH OTHER USERS.
- The Company is not responsible for the conduct of any User.
- YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. THE COMPANY ALSO DOES NOT VERIFY THE STATEMENTS OF ITS USERS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
- You agree to take all necessary precautions in all interactions with other Users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another User. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Users.
7. THIRD-PARTY APPLICATIONS
8. USERS CONTENT
- Users may post, upload, and / or share content with the Service and other Users, including images, text, messages, information, and / or other content.
- The Company may, without any obligation to do so, monitor, review or modify the contents uploaded by the User. In any case, the Company reserves the right to remove or disable access to any content that, according to the Company's discretion, violates these Terms and Conditions, without prior notice to the Users and / or Third Parties. Any removal or disabling of access to such content is at the Company's sole discretion.
- You are the sole responsible for any User content that you publish. The Company is not responsible for User content, nor does it promote any opinion and / or conduct contained therein.
9. COMPANY RIGHTS
- By virtue of the rights granted to the Users pursuant to these Terms and Conditions, User grants to the Company the right to allow the Service to be able to know the data and technical elements relating to the Devices used by the same User, for the purposes of Internet browsing, access to the Website, content upload, to facilitate the operation of the Service, to provide Advertising and other information to the User and to allow Third Parties to execute the same activities. Within the Service, the content visualized by the User, including selection and placement, may be affected by commercial considerations including any agreements with Third Parties. Some content licensed or provided in the Service may contain advertisements as part of the content.
- Users grant to the Company a non-exclusive, transferable, sub-compliant, free, perpetual license (or in accordance with the law of the User home country), irrevocable and valid worldwide, as long as it is used, reproduced, made available to the public (i.e. to display, translate, modify, create derivative work from and distribute any User content, in relation to the Service and through any means, whether alone or in combination with other content or materials, in any way and through any means, method or technology, whether it is already known or subsequently created.
10. User Guidelines
- The Service respects the Intellectual Property Rights of Users and Third Parties, and all Users are, in turn, invited to recognize such rights.
- In order to adjust the use of the Service, the Company has set up the following User's Guide Lines, thus, the Users are required to observe them, any violation to this effect legalize the Company to terminate or suspend the Service with the User who has violated the following Guidelines along with the Terms of Service.
11. VIOLATION AND REPORTING OF USER CONTENT CONTRARY TO THE TERMS AND CONDITIONS OF USE
- The Company respects the rights of intellectual property owners. If you believe that a content violates your intellectual property rights or other rights, or violates these Terms and Conditions of Use, or parts of it, please contact the Company at the following e-mail address: firstname.lastname@example.org. If the Company is informed by a copyright owner of a copyright infringement by a User or a Content, the Company may act in its sole discretion without prior notice to the User or the Provider of such Content. In case it is established that such activity does not constitute a breach, the User may require to the Company to restore the content removed through the procedure stated above.
12. TERMS AND CANCELLATION
- The Service is made available to the User until it is terminated by the User himself or by the Company; however, you understand and agree that your data, content, information, messages, opinions, etc. may still be present in the Service even after the withdrawal, cancellation or at the end subscription. They remain firm and valid with respect to the User, even if the provisions on civil, criminal and administrative liability under the applicable law and these Terms and Conditions of Use have been revoked or excluded. For more information about closing your account, please contact the Company at hello@boomash.
13. WARRANTY AND DISCLAIMER OF LIABILITY
- The Company always strives to make the service available to the User in the best possible ways. However, you understand and agree that the Service is provided as it is and as available at this specific time, without warranty of any kind and / or conditions regarding the proper functioning of the Service. You use the Service at your own risk. The Company does not warrant the absence of malware, viruses, or other malicious components for the Users Devices that access the Website. Likewise, the Company can not equally guarantee the absence of malware, viruses or other harmful components that can damage the Users Devices and that they could be found in the components provided at the Website by Third Parties. The Company is also not responsible for any transactions between the User and Third Parties, which will be governed by the agreements between the Purchaser (User) and the Third Selling Party.
14. LIMITATIONS OF LIABILITY AND COMPENSATION
- The Website is not a software and therefore the Company is not responsible for any damage, injury or malfunction of Devices, things, and / or people. In any case, you expressly agree to waive any right to compensation, reimbursement and any other damages against the Company, therefore, you will be solely responsible for any prejudices .Within the limits set by the law in the respective country of residence of the Users, they agree to indemnify the Company as a result of any damages, losses and expenses of any kind and due to any breach of these Terms and Conditions and / or legal provisions and / or rights of other Users or third parties.
15. THE AGREEMENT AND THE ADDITIONAL TERMS
- These Terms and Conditions constitute the contractual agreement between the User and the Company, and replace any prior agreement related to this subject. However, some other aspects related to the use of the Service may be governed by further arrangements for this purpose. The applicable law will be communicated to you in the manner and form that the Company will deem appropriate and in accordance with these Terms and Conditions of Use and the applicable law in the respective country of residence of the Users. If there is a conflict between the new additional terms and those here outlined, the new additional terms will prevail.
16. DEROGATION AND SUBSTITUTION OF THE RIGHT OF INVALID CLAUSES
17. LEGISLATION AND JURISDICTION, ARBITRATION CLAUSE
- Except where otherwise required under a specific law of a Member State of the European Union or other jurisdiction, these Terms and Conditions of Use, their interpretation, application and any controversy / contractual claims and not deriving from or related to themselves, are subject to the laws of the Italian State, irrespective of choice or conflict of law principles. This is without prejudice to the consumer law in force in the respective countries of residence of the Users. The User and the Company agree that any dispute, claim or matter between User and the Company deriving from or relating in any way to these Terms and Conditions of Use and / or the use of the Service will be solved through a mediation or arbitration procedure of individual law. These should be initiated by one of the parties in a preventive and pre-judiciary manner with respect to the judgment, which will be promoted in front of the Arbitration department of the Chamber of Commerce, Industry, Crafts and Agriculture of Bologna, in the forms, times and modalities envisaged by the Authority itself. Any and future changes to this arbitration clause may be made by the Company, and will be communicated by the Company itself in the manner, timing and form provided by these Terms and Conditions . You may reject these changes by sending a written notice within 30 days from the date of change to email@example.com; In this case, the dissenting User account will be terminated immediately as the relevant arbitration clause will be the same as the one in force before the change.
18. RENUNCIATION OF THE RIGHT TO COLLECTIVE ACTION (CLASS ACTION)
- Where permitted by the laws in force in the country of residence of Users, these together with the Company. They agree that each person may submit requests to the other solely in an individual and non-collective form, or in a Class Action form as identified and governed by the applicable local law. Unless agreed upon by the User and the Company, no Referee or Judge will be able to examine the requests of one person or more, or otherwise preside over any form of representative or class procedures.
- If the class action waiver is inapplicable in relation to clause 17, this provision (clause 18) will be applicable, and in this case, the parties agree that the exclusive jurisdiction will be that specified in clause 17, subject to the consumer law applicable in the Users home country.