BOOMFLEX may, without notice to you, at any time amend these Terms and any other information contained on this website. The latest Terms will be posted on our websites, and you should review the Terms prior to using the website. Your continued use of the websites after any changes to these Terms are posted will be considered acceptance of those changes.
SCOPE OF TERMS
OWNERSHIP OF CONTENT
The BOOMFLEX Websites; their past, present and future versions; all pages found within the BOOMFLEX Websites; the material and information on the BOOMFLEX Websites; all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, “look and feel” and arrangement of such content contained on the BOOMFLEX Websites (hereinafter, the “Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled or licensed by or to BOOMFLEX, and are protected by intellectual property laws (the “Intellectual Property laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws. In using the BOOMFLEX Websites or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notices contained on the Websites. All rights not expressly granted are reserved.
The BOOMFLEX Websites and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without BOOMFLEX’s express prior written authorization. You are granted permission to display on your computer, print and download the Content on this Website solely for your own personal, non-commercial and educational use. You must retain copyright and other notices on any copies of the Content you make. Certain Content and documents available on this Website are open source Content and documents subject to the applicable open source license and are so marked. Your use of those materials is governed by the individual applicable license. Unauthorized use of the BOOMFLEX Websites or the Content contained on or available through the BOOMFLEX Websites or any linked websites may violate applicable Intellectual Property laws or other laws.
The BOOMFLEX Websites, Online Mediums and Content may contain user or third party submitted content, such as feedback and suggestions, post or submissions and other materials (hereinafter, the “Submissions”) intended for review by general public, or by members of any public or private community. BOOMFLEX does not claim ownership of the third party submitted content and shall have no obligation or liability of any kind, including without limitation errors, omissions, or damages, with respect to Submissions. Submissions are not reviewed, approved or endorsed by BOOMFLEX and are provided solely for convenience to BOOMFLEX customers and users. BOOMFLEX reserves the right to monitor, restrict access to, edit or remove any Content available via the Online Mediums.
###Copyrights Infringement Complaints. You may not use the BOOMFLEX Websites, Content or Online Mediums for any purpose or in any manner that infringes the rights of any third parties. BOOMFLEX encourages you to report any content on the BOOMFLEX Websites that you believe infringes your copyright. If you would like to submit a Copyright Infringement Complaint, please contact us via boomflex.co/contact.
The trademarks, service marks, logos, slogans and domain names (“Marks”) referenced on the BOOMFLEX Websites are either common-law service marks, trademarks or registered service marks or trademarks of BOOMFLEX US, Inc. or its subsidiaries and are protected by trademark laws in the United States and other countries, and international laws and treaties. Other names of actual companies and products mentioned on the BOOMFLEX Websites may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement or association with BOOMFLEX. Nothing contained on the BOOMFLEX Websites should be construed as granting, by implication or otherwise, any license or right to use any Marks displayed on the BOOMFLEX Websites. You are not permitted to use any Marks displayed on the Websites, metatags or any other “hidden text” utilizing Marks of BOOMFLEX and its licensors, without prior written permission of BOOMFLEX or such third party who may own the Mark.
##YOUR USE OF THE WEBSITES
###Password Protected Areas. Access to and use of password protected areas of the BOOMFLEX Websites is restricted to authorized users only. You agree that you: (i) will provide current, complete and accurate identification, contact and other information about you as you may be prompted by the registration process on the BOOMFLEX Websites; (ii) are responsible to maintain, keep current and update any registration data and other information you provide to BOOMFLEX; (iii) are entirely responsible for maintaining the security of your password, identification and account and for any and all activity that occurs under your account; and (iv) will notify BOOMFLEX immediately of any unauthorized access or use of your account or password or any other breach of security. You understand that any person with your password will be able to access your account and any registration data, including, without limitation access to your servers and applications accessible through your account. You accept sole risk of unauthorized access to your account. BOOMFLEX will not be liable to you for any loss you may incur as a result of someone else using your password or account with or without your knowledge. You may be held liable for losses incurred by BOOMFLEX or any other user or visitor to the BOOMFLEX Websites due to someone else using your password or account. You may not use anyone else’s account at any time, without the permission of the account holder.
###Content you Submit. BOOMFLEX appreciates hearing from you. Blogs, community forums, chat rooms and other discussion sites may be made available to our customers and users. You acknowledge and agree, that as to any content you, as a user, may submit via the Online Mediums become public information and it shall be deemed to be provided on a non-confidential basis, except for resumes submitted solely for consideration for employment with BOOMFLEX which may be shared with BOOMFLEX on a “need to know” basis. You should always use caution when submitting personal identifiable information about yourself or third parties in any Online Mediums.
BOOMFLEX is under no obligation to use the contributed content and your Submissions and may remove any such content or Submission at any time at its sole discretion. BOOMFLEX reserves the right to terminate your access to Online Mediums at any time, without notice, for any reason whatsoever.
###No unlawful or Prohibited Use. You agree not to upload, post or otherwise transmit via the Online Mediums any content that: (i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libelous, racially, ethnically, religiously or otherwise objectionable; (ii) constitutes unauthorized disclosure of personal or confidential information; (iii) infringes any patent, trademark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party; (iv) contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information.
You also agree not to use the BOOMFLEX Websites or Online Mediums to: (i) impersonate an employee or a representative of BOOMFLEX, its divisions and subsidiaries; (ii) misrepresent your identity or affiliation with a person or entity; (iii) send bulk mail, spam, “chain letters” and other unsolicited and unauthorized communication; (iv) attempt to gain unauthorized access to any portion or feature of the BOOMFLEX Websites or any other system or networks connected to the BOOMFLEX Website or any other services offered through the BOOMFLEX Websites, and/or other accounts not belonging to you, or violate security of any portion of the BOOMFLEX Websites, by hacking, password mining or any other means; (v) obtain or attempt to obtain any information, materials or documents not purposely made available through the BOOMFLEX Website or Online Mediums through any means; (vi) attempt to interfere with the proper working of the BOOMFLEX Websites or any transaction being conducted on the BOOMFLEX Websites or to restrict or inhibit any other user from accessing or using the BOOMFLEX Websites, by means of hacking or defacing any portion of the BOOMFLEX Websites; (vii) violate any applicable local, state, national or international law, including without limitation regulations by the U.S. Securities and Exchange Commission, and the Office of Foreign Assets Control.
##OTHER TERMS AND CONDITIONS
###Your Purchase of Services and Services Availability. Specific terms and conditions apply to your purchase of services from BOOMFLEX and to specific portions or features of the BOOMFLEX Websites. BOOMFLEX’s obligations with regards to its services offered on the BOOMFLEX Websites are governed solely by such terms and conditions and nothing contained on the BOOMFLEX Websites or in these Terms shall be construed to alter services specific terms and conditions. The materials on the Websites with respect to services may be outdated and BOOMFLEX makes no commitment to update such material. Not all services mentioned in these materials will be available in your country and such references do not imply that BOOMFLEX will make available such services in your country.
###Promotions. The Websites may contain or offer sweepstakes, contests, promotions or other similar features, which may be subject to a separate set of rules that describe the contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements in connection with the applicable contest or promotion.
##LINKING TO BOOMFLEX WEBSITES
We greatly appreciate your efforts in letting your clients know about us. You may link to the BOOMFLEX Websites by using a text link and linking to BOOMFLEX Websites homepage. Linking directly to any other webpage or content within the BOOMFLEX Websites is prohibited without BOOMFLEX prior written permission. BOOMFLEX only consents to links in which the link and the pages that are activated by the link do not: (i) duplicate the website content; (ii) frame or create any other border around the website content or any pages on the Websites or use other techniques that alter in any way the visual presentation or appearance of any content within the BOOMFLEX Websites; (iii) misrepresent your relationship with BOOMFLEX or otherwise create a false affiliation, connection or association with BOOMFLEX; (iv) imply that BOOMFLEX approves or endorses you, your website, or your services or product offerings; (v) present false or misleading impression about BOOMFLEX or otherwise damage the goodwill associated with the BOOMFLEX name or trademarks; (v) use BOOMFLEX trademarks in page text, metatags and/or hidden text for purpose of gaining higher rankings from search engines; (vi) utilize BOOMFLEX name, trademarks, service marks, colors, logos or any other brand features of BOOMFLEX, nor your relationship with BOOMFLEX for purposes of or in any manner which intentionally gives rise to advertising or publicity without BOOMFLEX prior written permission. As a further condition to being permitted to link to the BOOMFLEX Websites, you agree that BOOMFLEX may at any time, in its sole discretion, terminate permission to link to the BOOMFLEX Websites. In such event, you agree to immediately remove all links to the BOOMFLEX Websites and to cease using any BOOMFLEX trademark. BOOMFLEX reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the content available on any other website reached by links to or from the BOOMFLEX websites.
Except for the link logos as provided by BOOMFLEX, you may not use the BOOMFLEX corporate logo or any other brand feature to link to BOOMFLEX. For information on use of BOOMFLEX trademarks, please contact us at boomflex.co/contact
##LINKS TO THIRD PARTY WEBSITES
The BOOMFLEX Websites may contain links and references to non-BOOMFLEX websites and resources (“Linked Websites”) and are provided for convenience only. If you decide to leave BOOMFLEX Websites and access Linked Websites, you do so at your own risk and BOOMFLEX will have no liability arising out of or related to such Linked Websites and/or their content or any damages or loss caused or alleged to be caused by or in connection of any purchase or use of any such content, goods or services available on or through any such Linked Website. BOOMFLEX has not reviewed the Linked Websites and we are not responsible for the content, accuracy or opinions expressed on these websites. Inclusion of these links on our Websites does not apply approval or endorsement by BOOMFLEX of the Linked Websites, their entities or products and services. Please understand that the Linked Websites, even if they contain BOOMFLEX logo, are independent websites, and BOOMFLEX does not control the content on that Linked Website. Additionally, BOOMFLEX is not a party to or responsible for any transaction you may enter into with any such third party, even if you learn of such third party from BOOMFLEX, by way of reference or link provided on the BOOMFLEX Websites.
All statements on the BOOMFLEX Websites other than statements of historical fact are statements that could be deemed forward-looking statements, including, but not limited to, any projections of financial information; any statements about historical results that may suggest trends for our business; any statements about operational improvements or third party data that may suggest trends for our business or industry; any statements of the plans, strategies, and objectives of BOOMFLEX for future operations or service offerings; any statements of expectation or belief regarding future events, potential markets or market size; technology developments; and any statements of assumptions underlying any of the items mentioned. Risks, uncertainties and assumptions include the possibility that expected benefits from our operational improvements or service offerings may not materialize. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties that involve risks, many of which are beyond our control and not guarantees of future performance. If such risks or uncertainties materialize or such assumptions prove incorrect, the results of BOOMFLEX could differ materially from our current expectations as a result of many factors, including but not limited to: the unpredictable nature of our rapidly evolving market and quarterly fluctuations in our business; the effects of competition; and any adverse changes in our indirect channel relationships. Except as required by law, BOOMFLEX assumes no obligation to update these forward-looking statements publicly, or to update the reasons actual results could differ materially from those anticipated in these forward-looking statements, even if new information becomes available in the future.
##DISCLAIMER OF WARRANTIES
Your use of and access to the BOOMFLEX Websites, Online Mediums and Content posted by BOOMFLEX, its divisions, subsidiaries or user generated content posted by third parties is at your sole risk. The Websites, Online Mediums and Content are provided for informational purposes only on an “AS IS” and “AS AVAILBALE” basis without any express or implied warranty of any kind, including warranties of merchantability, non-infringement, or fitness for any particular purpose. BOOMFLEX makes no representations, warranties or guarantees as to the quality, suitability, truth, accuracy or completeness of the Content. BOOMFLEX further makes no representations, warranties or guarantees that the quality and reliability of any information, and hosting services obtained from the Website, Online Mediums and/or Content will meet your expectations and requirements, be virus-free, or perform error- and damage-free. You assume all risk and responsibility for any loss or damage whatsoever to your computer system, data and business arising out of your use of the Website, Online Mediums and/or Content.
##LIMITATION OF LIABILITY
You expressly understand and agree that BOOMFLEX and any contributor to the user generated content via Online Mediums (“BOOMFLEX Licensors”) SHALL NOT BE LIABLE to you for:
any loss or damage which you may incur, including without limitation as a result of any reliance placed by you on the accuracy, completeness or suitability of the Content, or any changes BOOMFLEX and BOOMFLEX Licensors may make to the Websites, Online Mediums and Content, or any temporary interruption or permanent cessation in the provision of the Online Mediums and Content, or, if applicable, your failure to safeguard your account details or passwords.
to the full extent permitted by law, BOOMFLEX and BOOMFLEX Licensors are not liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages arising out of or in connection with your use of or related to the Websites, Online Mediums and Content (including without limitation for loss of or damage to business, revenues, goodwill or data) even if BOOMFLEX and BOOMFLEX Licensors had previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract, negligence or other tortuous action.
Since some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, portions of the above limitation or exclusion may not apply to you.
You agree to indemnify and hold BOOMFLEX, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representative and BOOMFLEX Licensors, their subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the Websites, Online Mediums and Content; (ii) content you submit, post, transmit or otherwise make available via the Website and Online Mediums; (iii) your violation of these Terms or Website specific Terms and Conditions. This indemnification obligation will survive the termination of your BOOMFLEX account or these Terms.
Thank you for reading through these Terms. Qapla! Enjoy our Websites.