1. Use of Our Service
Boom Interactive Inc operates CS3D, an online and mobile application design platform that empowers users to create and collaborate on designs using plat maps, building footprints, surveys, topographical maps, commercial and/or residential floor plans, sketches, or line drawings as part of the CS3D Platform (“CS3D”). We provide ready-made software and content that is licensable for use in accordance with our license granted herein.
You may use the CS3D Platform only if you agree to the terms of this Agreement, and your use of CS3D constitutes your acknowledgement that you agree and will comply with the terms of this Agreement. You further agree to comply with all applicable local, state, national, and international laws, rules, and regulations.
The CS3D Platform may not be available to any Users previously removed from the CS3D Platform by Boom Interactive Inc. By using CS3D, you represent and warrant that you have the full right, power, and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
You acknowledge that the CS3D Platform is intended to be part of the exploratory and planning phase of creating designs for a build, remodel, doctorate project. You agree to not rely on the CS3D Platform to obtain building permits or to replace any professional services, including but not limited to, architectural, engineering, general contractor, or other professional services, involved in the design, planning, and construction of a residence. You agree and acknowledge that the CS3D Platform is merely a tool to assist in the planning and designing of a residence and does not replace architectural, engineering, and other drawings and designs that have been approved by a licensed professional.
License to use the CS3D Platform
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the CS3D Platform in accordance with the terms of this Agreement. Boom Interactive Inc reserves all rights not expressly granted herein in the CS3D Platform and the Boom Interactive Inc Content (as defined below). Boom Interactive Inc may terminate this license at any time for any reason.
2. CS3D Accounts
Your CS3D account gives you access to the services and functionality through the CS3D Platform that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a CS3D account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to CS3D with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) with your account. You may not allow any other party to access or use CS3D with your unique username, password, or other security code. You must notify CS3D immediately of any breach of security or unauthorized use of your account. CS3D will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the CS3D Platform by changing the settings in your account. By providing CS3D your email address you consent to our using your email address to send you CS3D-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the CS3D Platform and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Certain portions of the CS3D Platform, such as the Pro access to the CS3D Platform, may allow you to create or contribute to group accounts (“Workspace”). Access to a Workspace will be made available only to those Users who are authorized by the owner or admins of the Workspace (“Workspace Owner” or “Workspace Admin”). The Workspace Owner and Workspace Admins will be responsible for adding Users to the Team, for managing permissions for authorized Users, and otherwise for managing the account as set forth in this Agreement.
2.1 CS3D not for Children’s Use
Children are not allowed to use CS3D without parental consent and adult supervision. By using CS3D, you acknowledge and agree that (i) a child is considered a person under the age of 16 years old (or the minimum legal age in the child’s country to be able to consent themselves to the processing of their personal data if this age is higher than 16 years old); (ii) children are not permitted to use or access CS3D, unless their use of CS3D is directly authorized by their parent or guardian who agrees to be bound by this Agreement; and (iii) any use or access to the CS3D Platform by a child who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement.
You acknowledge that the CS3D Platform never requests personally identifiable information from any child. You represent and warrant that you are at least sixteen (16) years of age, and you agree that neither you nor any child you have authorized to use the CS3D Platform will provide any personal information in violation of the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501 through 6506. If you know that your child has provided personally identifiable information and such child is under the age of sixteen (16), you should immediately contact Boom Interactive Inc at the address listed for Boom Interactive Inc below in Section 11 of this Agreement.
3. Platform Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the CS3D Platform in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the CS3D Platform in a manner that sends more request messages to the CS3D servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running CS3D; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the CS3D Platform; (vii) collecting or harvesting any personally identifiable information, including account names, from the CS3D Platform; (viii) using the CS3D Platform for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, including engaging in phishing activity or including misleading links or information to entice viewers to click through to an illegal or fraudulent website; (x) interfering with the proper working of the CS3D Platform; (xi) accessing any content on the CS3D Platform through any technology or means other than those provided or authorized by the CS3D Platform; (xii) bypassing the measures we may use to prevent or restrict access to the CS3D Platform, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the CS3D Platform or the content therein; (xiii) using any CS3D Content (as defined below) in any manner that might tarnish, disparage, or reflect adversely on such CS3D Content; (xiv) using the CS3D Platform or any CS3D Content (as defined) to support, incite, or promote illegal behavior, discrimination, hostility, or violence; (xv) using any CS3D trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xvi) adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with CS3D trademarks; (xvii) copying, imitating, or using, in whole or in part, the look and feel of the CS3D Platform without the prior written consent of CS3D; (xviii) using any CS3D Content to link to the Website without the prior written consent of CS3D; (xix) framing or hotlinking to the CS3D Platform or any content other than your own without the prior written consent of CS3D; or (xx) uploading any content that is illegal, sexual or pornographic, features child exploitation material, or links to such material.
We may, without prior notice, change the CS3D Platform; stop providing the CS3D Platform or features of the CS3D Platform, to you or to Users generally; or create usage limits for the CS3D Platform. We may permanently or temporarily terminate or suspend your access to the CS3D Platform without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement. Upon termination for any reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from Boom Interactive Inc prior to establishing another account. If you attempt to establish another account without obtaining such authorization, Boom Interactive Inc may permanently ban you from the CS3D Platform.
You are solely responsible for your interactions with other CS3D Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Boom Interactive Inc shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Boom Interactive Inc does not support and will not tolerate its CS3D Platform from being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. You are not permitted to use CS3D in a manner which would or would likely incite, promote, or support such discrimination and you must not use CS3D to incite or promote hostility or violence. If we believe in our sole determination that your use of the CS3D Platform is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, we may permanently or temporarily terminate or suspend your access to the CS3D Platform without notice and liability for any reason.
4. User Content
Some areas of the CS3D Platform allow Users to submit and publish content such as profile information, comments, questions, photographs, illustrations, fonts, designs, and other content or information. Any such materials a User submits, posts, displays, prints, or otherwise makes available on or via the CS3D Platform is referred in this Agreement to as “User Content”. You retain ownership of your User Content, and you understand that if you post User Content through an account established by or on behalf of a company or organization, then the company or organization will be presumed to own—and be entirely responsible for—all such User Content, including any third-party Intellectual Property Rights (as defined below) incorporated therein.
4.2 Uploading and Publishing User Content
You agree not to submit or use User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility; (vi) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin; (vii) contains any information or content that is illegal; or (viii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. Boom Interactive Inc reserves the right, but is not obligated, to reject and/or remove any User Content that Boom Interactive Inc believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on or via the CS3D Platform is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
In connection with your User Content, you affirm, represent, and warrant the following:
- Your User Content and use thereof by Boom Interactive Inc as contemplated by this Agreement and the CS3D Platform will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy and publicity rights.
- Boom Interactive Inc may exercise the rights to your User Content granted under this Agreement without liability for payment of any license fees, royalties, residuals, or other payments or fees.
- There is no lawsuit, action, or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content or which might in any way impair the rights granted by you hereunder.
- If your User Content contains or incorporates in any manner any components including but not limited to design elements, fonts, clipart, sprites, vectors, or brush tools and the like that are included in design programs, by uploading any such User Content to the System, you represent and warrant that you have the right to incorporate such elements in the User Content created by you and to license such User Content to Boom Interactive Inc for the purposes set forth herein.
- Your User Content is neither obscene, defamatory, or otherwise objectionable.
- To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
- You will not transmit unsolicited emails or engage in spamming to publicize or promote your relationship with Boom Interactive Inc.
- If you use CS3D to post, publish, share, or print User Content, you agree that you have verified that the User Content does not contain anything that is illegal, encourages illegal activity, infringes (or is otherwise deceptively similar to) any third-party’s Intellectual Property Rights, or otherwise breaches these terms.
- You will not use or engage a third party on your behalf to use the name Boom Interactive Inc, or any of its trademarks, in any domain name. Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, Boom Interactive Inc shall send you written notice of such claim, using the email address provided by you to the CS3D Platform, specifying the details of the claim as then known to Boom Interactive Inc. Pending the determination of such claim, Boom Interactive Inc may place a hold or freeze on your account whereupon you will be able to access your User Content but may not be able to upload any User Content or make any changes to your designs, account, or User Content.
Boom Interactive Inc takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, publishes, or prints through use of CS3D . You shall be solely responsible for your User Content and the consequences of posting, publishing, and printing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Boom Interactive Inc shall not be liable for any damages you allege to incur as a result of User Content or your use of User Content in printed form. In the event that your User Content is alleged to be offensive, inappropriate for children, unlawful, or otherwise in breach of these terms, you agree that Boom Interactive Inc may disclose such User Content to law enforcement or other government authorities.
4.3 User Content in the Community Workspace
4.3.1 Community Workspace
The community is a forum provided within the CS3D Platform (“Community Workspace”) for Users that wish to collaborate, discuss, or otherwise share designs and ideas on new build, remodel or decorate commercial or residential projects and floor plans. Community Workspace members can share and view information, data, designs, questions, and comments from other Users, as well as follow, message, and recognize other Users and review and recognize their posts (“Community Content”). Community Content will become public globally (including places without the same data protection as where you live).
4.3.2 Community Workspace Guidelines
To participate in the Community Workspace, you must be over 16 and comply with the guidelines associated with the Community Workspace Community (“Workspace Guidelines”), which may be amended from time to time.
4.3.3 Retention of Community Content
Please carefully consider the information you include on the Community Workspace and understand that even after you close your account on the Community Workspace or the CS3D Platform, your posts and other information will remain within the Community Workspace. To request removal of your information from the Community Workspace, please contact Boom Interactive Inc at email@example.com
4.3.4 Free Community Content
Your Community Content will be offered for free to Users under the license in Section 5. You acknowledge that you will not be entitled to receive a royalty for Community Content.
The rules applying to User Content under Section 4 apply to Community Content. Boom Interactive Inc reserves the right to delete, remove, or refuse to publish your Community Content to comply with this Agreement and our Community Workspace Guidelines or maintain the quality of the Community Workspace in the sole discretion of Boom Interactive Inc.
4.3.6 Third Party Content
If you share a third party’s content on the Community Workspace, you must ensure you are permitted to do so under the laws applicable to you (including having a license or their consent) and provide attribution (unless the third party waives this right or hasn’t consented to their personal information being shared on the Community Workspace).
5. User Content License Grant
By publishing any designs or content containing User Content using CS3D, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Boom Interactive Inc a multi-use, sublicensable, transferable, perpetual, irrevocable, royalty-free, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the CS3D Platform, including without limitation, for promoting and redistributing part or all of the CS3D Platform (and derivative works thereof) in any media formats and through any media channels.
6. Our Proprietary Rights
Except for your User Content, the CS3D Platform and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “CS3D Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Boom Interactive Inc and its licensors (including other Users who post User Content to CS3D). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any CS3D Content except for your own personal, non-commercial use. Use of the CS3D Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about CS3D (including on the Community Workspace), including without limitation about how to improve CS3D or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Boom Interactive Inc under any fiduciary or other obligation. You further agree to assign, and hereby assign, to Boom Interactive Inc effective upon submission to us all rights, title, and interest in and to your Ideas, including but not limited to, any copyright and other intellectual property right. You acknowledge that we are free to use or disclose the Ideas for any reason determined by Boom Interactive Inc without any additional compensation to you.
8. Paid Services
8.1 Billing Policies
Certain aspects of CS3D may be provided for free or for a fee or other charge. If you elect to use paid aspects of CS3D, you agree to the pricing and payment listed on the CS3D Platform which we may update from time to time. Boom Interactive Inc may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
8.2 No Refunds
You may cancel your CS3D account at any time; however, there are no refunds for cancellation. In the event that Boom Interactive Inc suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of CS3D, any content or data associated with your account, or anything else.
8.3 Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary interaction with CS3D must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with CS3D at the prices in effect when such charges are incurred. You agree to not dispute any charges or fees for any portion of the CS3D Platform for which you willingly subscribe. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.
Boom Interactive Inc cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
11. DMCA Notice
Since we respect the intellectual property rights of others, it is the policy of Boom Interactive Inc to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the CS3D Platform, please notify the copyright agent of Boom Interactive Inc as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the CS3D Platform;
- Information reasonably sufficient to permit Boom Interactive Inc to contact you, such as your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to the following DMCA Agent:
Boom Interactive Inc
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Boom Interactive Inc and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with the rights and obligations of Boom Interactive Inc under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Boom Interactive Inc has adopted a policy of terminating, in appropriate circumstances, User accounts who are deemed to be repeat infringers. Boom Interactive Inc may also at its sole discretion limit access to CS3D and/or terminate the accounts of any Users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.
12. Third-Party Links
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities, that are not owned or controlled by Boom Interactive Inc.
You agree to defend, indemnify, and hold harmless Boom Interactive Inc and its employees, contractors, agents, officers, directors subsidiaries, agents, licensors, and managers, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claims or damages that arise as a result of any of your User Content or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
14. No Warranty
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Boom Interactive Inc, its subsidiaries, and its licensors do not warrant that the content, including without limitation User Content, is accurate, reliable, or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
Boom Interactive Inc does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Boom Interactive Inc will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Boom Interactive Inc, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING WITHOUT LIMITATION, YOUR SUBMISSION OF USER CONTENT. UNDER NO CIRCUMSTANCES WILL Boom Interactive Inc BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Boom Interactive Inc ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VIII) LOSS OR DELETION OF USER CONTENT. IN NO EVENT SHALL Boom Interactive Inc, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF (I) THE AMOUNT YOU PAID TO Boom Interactive Inc IN THE PRECEDING TWELVE (12) MONTHS UNDER THIS AGREEMENT, OR (II) $1,000.00.
NO ACTION, REGARDLESS OF FORM OR NATURE, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY OR ON BEHALF OF YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION FIRST AROSE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Boom Interactive Inc SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS, OR LOSSES ARISING AS A RESULT OF MODIFICATIONS MADE TO USER CONTENT, ANY ADDITIONS OR COMBINATIONS OF USER CONTENT WITH OTHER CONTENT, OR THE CONTEXT IN WHICH THE USER CONTENT OR OTHER CONTENT IS USED BY YOU.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Boom Interactive Inc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
The Service is controlled and operated from its facilities in the United States. Boom Interactive Inc makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
16. Governing Law
You agree that this Agreement shall be governed by and construed in accordance with the laws of the state of Utah. You acknowledge that by using the Service, you have transacted business in the state of Utah. By accessing the Website or the mobile application, you voluntarily submit and consent to, and waive any defense to, the jurisdiction of courts located in Salt Lake County, State of Utah, as to all matters relating to or arising from this Agreement.
17. Costs of Litigation
If any action is brought by Boom Interactive Inc or you against the other regarding the subject matter of this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney’s fees, costs, and expenses of litigation.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Boom Interactive Inc without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
18.2 Notification Procedures and Changes to the Agreement
18.3 Entire Agreement/Severability
This Agreement, together with any additional agreements you may enter into with Boom Interactive Inc in connection with the CS3D Platform, shall constitute the entire agreement between you and Boom Interactive Inc concerning the CS3D Platform. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
18.4 No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the failure by Boom Interactive Inc to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.