It's All Fun and Games

Terms and Conditions

It’s All Fun and Games

Terms and Conditions

Boom Industries, Inc. (“Boom”) and its affiliates (“Boom Affiliates”) provide website features and other products and services to you when you visit boomindustries.com, use Boom products or services, or use software or hardware provided by Boom in connection with any of the foregoing (collectively, “Boom Services”). Boom provides the Boom Services subject to the following conditions. By using Boom Services, including using this website, you agree to these conditions. Please read them carefully.

Privacy

Please review our Privacy Policy, which also governs your use of Boom Services, to understand our practices.

Electronic Communications

When you use any Boom Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Boom Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any Boom Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Boom or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Boom Service is the exclusive property of Boom and protected by U.S. and international copyright laws.

License and Access

Subject to your compliance with these Terms of Use and your payment of any applicable fees, Boom or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and commercial use of the Boom Services. This license does not include any resale use of any Boom Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Boom Service or its contents; any downloading or copying of account information for the benefit of another merchant; any use of data mining, robots, or similar data gathering and extraction tools; any recording or use of other means of saving Boom Content; or any alterations to Boom Game Box. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by Boom or its licensors, suppliers, publishers, rightsholders, or other content providers. No Boom Service, nor any part of any Boom Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Boom. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Boom without express written consent. You may not use any meta tags or any other “hidden text” utilizing Boom’s name or trademarks without the express written consent of Boom. You may not misuse the Boom Services. You may use the Boom Services only as permitted by law. The licenses granted by Boom terminate if you do not comply with these Terms of Use or any Service Terms.

You will not modify, publish, transmit, reverse engineer, participate in the transfor or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Boom Industries content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for its intended purpose. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Boom Industries except as expressly authorized by these Terms.

Indemnification

You agree to indemnify, defend, and hold harmless Boom Industries, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services; your violation of any terms of this Agreement or your violation of any rights of a third party; or your violation of any applicable laws, rules, or regulations. Boom Industries reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Boom Industries in asserting any available defenses.

Your Boom Account

If you use any Boom Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You acknowledge that Boom Industries is not responsible for third-party access to your account that results from theft or misappropriation of your account. Boom Industries reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in its sole discretion.

Returns, Refunds and Cancelation

No refunds or returns on Boom Services will be accepted. All sales of Boom Credits and Boom Products are final. Accounts may be canceled at any time by contacting Boom Industries. Partial refunds for unused Boom Credits will not be provided.

Liability Disclaimer

Boom attempts to be as accurate as possible with all product descriptions and Boom Content; however, Boom does not guarantee content of any Boom Service is accurate, complete, reliable, current, or error-free. The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically made to the information and content herein. Boom Industries and/or its Affiliates may make improvements or changes to the site or Boom Content at any time.

To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Boom Industries and its Affiliates hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and noninfringement.

To the maximum extent permitted by applicable law, in no event shall Boom Industries or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damanges or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site or Boom Content, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Boom Industries or any of its Affiliates has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site or Boom Content or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Site and the Boom Service.

Boom Affiliates

Business conducted with Boom Affiliates is subject to Boom Industries’ Terms and Conditions.

Purpose of Games

All Boom Games and Products are for entertainment purposes only and should not be used for gambling. All local, state, and federal laws apply.