BiBoom Terms of Use
1. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Eligibility
You must be at least 18 years of age to create an account on BiBoom and use the Service. By creating an account and using the Service, you represent and warrant that:
you can form a binding contract with BiBoom,
you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction (for example, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition)
you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations
you have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
3. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on BiBoom's app for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
Modify or copy the materials;
Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
Remove any copyright or other proprietary notations from the materials;
Transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by BiBoom at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
4. User Content
4.1 Definition. Responsibility for User Content. You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to BiBoom through the Services or to other Users (collectively referred to as " post "), including without limitation, messages, data, text, photos, video, music, graphics, links or other materials posted through text, messages, photos and profile information (your submissions and posts as well as those of other Users, collectively, are " User Content "). BiBoom does not control, take responsibility for or assume liability for any User Content posted by you, other Users or any third party, or for any loss or damage thereto, nor is BiBoom liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity that you encounter.
4.2 Accuracy of Information. You will not post any inaccurate, misleading, incomplete or false information or User Content to the Services or to any other User through the Services. You agree that all images posted to your BiBoom Account are of you. You may be required to supply certain information and post a photo of yourself to use the Services.
4.3 No Duty to Review User Content. Although you understand and acknowledge that BiBoom has no duty to prescreen, review, control, monitor or edit the User Content posted by Users and is not liable for User Content that is provided by others, you agree that BiBoom may, at its sole discretion, review, edit, refuse to accept or delete User Content at any time and for any reason or no reason without notice. You are solely responsible for creating backup copies and replacing any User Content that you post or store on the Services at your sole cost and expense. This includes BiBoom's right to modify or crop any photos you post to comply with BiBoom's policies, practices and procedures.
5. License of User Content to BiBoom
BiBoom claims no ownership or control over your User Content, except as otherwise specifically provided herein, on the Services or in a separate agreement. By submitting or posting User Content, you automatically grant, and you represent and warrant that you have the right to grant, to BiBoom, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide right and license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such User Content furnished by you and to prepare derivative works of, or incorporate into other works, such information and User Content, and to grant and authorize sublicenses of the foregoing in any medium. You represent and warrant that the User Content and the public posting and use of your User Content by BiBoom will not infringe or violate any third-party rights, including without limitation, any intellectual property rights or rights of privacy or publicity, or cause any harm to any third party or violate these Terms. You further represent and warrant that you have the written consent of each and every identifiable natural person in your User Content (including but not limited to any content you submit to BiBoom to feature) to use such person's name or likeness in the manner contemplated by the Services and these Terms, and each such person has released you from any liability that may arise in relation to such use. By posting User Content, you hereby release BiBoom, directors, officers, shareholders, employees, contractors and agents from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any additional compensation for any use by BiBoom of your User Content. You also grant BiBoom the right to choose BiBoom Accounts to feature on the Services for enhanced visibility at no extra cost, in the sole discretion of BiBoom.
6. Revisions and Errata
The materials appearing on BiBoom's web site could include technical, typographical, or photographic errors. BiBoom does not warrant that any of the materials on its web site are accurate, complete, or current. BiBoom may make changes to the materials contained on its web site at any time without notice. BiBoom does not, however, make any commitment to update the materials.
7. Objectionable or Prohibited Content
BiBoom has no tolerance for objectionable or prohibited content. You are not allowed to post, transmit or deliver to any other User, either directly or indirectly, any User Content that violates any third-party rights or any applicable American or international law, rule or regulation or is prohibited under these Terms or any other BiBoom policy governing your use of the Services ("Objectionable or Prohibited Content "). Objectionable or Prohibited Content includes without limitation User Content that:
7.1 Is obscene, pornographic, profane, defamatory, abusive, offensive, indecent, sexually oriented, lewd, threatening, harassing, inflammatory, inaccurate, misrepresentative, fraudulent or illegal;
7.2 Promotes racism, sexism, homophobia, bigotry, hatred or physical harm of any kind against any group or individual;
7.3 Is intended to, or does, harass, or intimidate any other User or third party;
7.4 May infringe or violate any patent, trade-mark, trade secret, copyright or other intellectual or proprietary right of any party, including User Content that contains others' copyrighted content (e.g., photos, images, music, movies, videos, etc.) without obtaining proper permission first;
7.5 Contains video, audio, photographs, or images of another person without his or her express written consent (or in the case of a minor, the minor's legal guardian) or otherwise violates anyone's right of privacy or publicity;
7.6 Promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs;
7.7 Violates someone's data privacy or data protection rights;
7.8 Contains viruses, time bombs, malware, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
7.9 Contains any advertising, fundraising or promotional content;
7.10 Is, in the sole judgment of BiBoom, objectionable or restricts or inhibits any person from using or enjoying the Services or exposes BiBoom or its Users to harm or liability of any type.
8. Governing Law
Any claim relating to BiBoom's app shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.
9. Modification Of These Terms
We reserve the right, in our sole discretion, to change, modify, add, or remove portions of any of the terms and conditions contained in these Terms including any policy or guideline applicable to the Services at any time. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Services, and your continued use of the Services after such posting will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the " last updated " date at the top. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about these Terms, please email us at the contact address below. These changes will be effective immediately for new and current Users of the Services.