Last updated: July 31, 2023
This Terms and Conditions (“Terms”, “Terms and Conditions”) is a legally binding Agreement between you and Boom Studio. Ltd. (“Boomstudio”, “us”, “we”, or “our”), which shall govern your access and use of the boomstudios.com website and BoomStudio mobile application (“Boomstudio Service”).
You will be availed of the opportunity to use the Boomstudio Service to enjoy music games, online interacting playing experiences and social functions around the world.
(collectively referred to as the “Boomstudio Service” or “Service”)
Please note that you must read through carefully and agree to the Terms provided in this Term before using the Boomstudio Service. If you do not agree to the Terms contained herein, please understand that you may not access or use the Boomstudio Service.
When you create an account with us, as part of the registration process, you will be asked to provide personally identifiable information such as your name, email address, age, postal mailing address, mobile telephone number, gender and other demographic information (collectively, "Personal Data"), as well as asked to select a password and User Name. You represent and warrant that Personal Data is accurate and true.
If any Personal Data or registration information you have provided is determined by TML, in its sole discretion, to be untrue, inaccurate, not current, incomplete, offensive, misleading or designed to deceive, or if Boomstudio, in its sole discretion, believes it has a basis to suspect that such is the case, Boomstudio reserves the right to immediately suspend or terminate your Account, either with or without notice to you and to refuse to grant any and all current or future access and use of the Boomstudio Service (or any portion thereof) and/or any benefit to which you may be entitled through your access and use of the Boomstudio Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
If you sign into the Service with Facebook Connect we will collect information that is visible via your Facebook account such as: (1) your first and last name, (2) Facebook ID, (3) Profile Picture/URL, and (4) list of Facebook friends. Your Account may be used to publicly identify you as part of social features of the Service, which may include user-to-user interaction, chat or messaging functionality, public leaderboards, head-to-head competition, and other similar features. Your username will be public and will be shown to other users, but will only permit access to information that is considered public or that you have designated as public in your user profile settings. All info here is provided by the User voluntarily to simplify the authorization process and use of social features. Learn about how to remove your Facebook integration with our Service: https://www.facebook.com/help/211829542181913
We reserve the right to immediately terminate your Account, or suspend your access to your Account, without notice, for conduct that Boom Studio. Ltd. believes, in its sole discretion, is illegal or inappropriate including but not limited to sharing of offensive or illegal content, using the Boomstudio Service in any manner which may be harmful to other users, third parties or to the Boomstudio Service, being investigated by a lawful authority or any other circumstance Boom Studio. Ltd. considers appropriate to terminate or suspend your Account. Please note that the use of your Account for any illegal, fraudulent or abusive purposes may be referred to your local law enforcement authorities without notice to you.
By registering an Account and accessing the Boomstudio Service, you are indicating that you have read and agree to this EULA and its all terms and conditions thereof, and you further acknowledge and agree that you understand how and under what circumstances the personal information you provide will be used.
Boomstudio may choose to review this Term in its sole discretion from time to time. Any changes will be communicated to you by us posting the new version of the Term within the Boomstudio Service or as otherwise determined by Boomstudio in its sole discretion. It is your responsibility to remain informed of any changes because you are legally obligated to abide by the latest version of the Term. Your acceptance of and / or continued use of Boomstudio or the Boomstudio Service after the date of the new Agreement will constitute your acceptance of such changes. You may also be asked to re-acknowledge or reaccept the new Term following any material changes.
Boomstudio and the Boomstudio Service are only for people thirteen (13) years old and over.
By using the Services and/or creating an Account, you represent that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you are under the age of eighteen (18), or are considered a minor in your jurisdiction, or under guardianship, you confirm that you had the parental or legal guardian consent for accessing or using Boomstudio and the Boomstudio Service, and are fully able and competent to enter into, abide by, and comply with the Agreement. If a valid and legitimate user allows his/her minor to access his or her personal Account, the user will be fully responsible for any conduct of his/her minor.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
You agree to receive marketing promotions, and other solicitations from Us, its advertising partners and/or other third-party advertisers (collectively, "Sponsors") based on the information you provided and expressly agree to be contacted by any such Sponsors.
You are not obligated to opt-in to receive any Sponsor offers when you participate in the Boomstudio Service. However, if you choose to opt-in to receive any Sponsor's offer(s), you understand and agree that such Sponsor may contact you using the registration information you provide to Us, including without limitation, by telephone or email, pursuant to the terms and conditions of this Term.
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Boom Studio. Ltd. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Boom Studio. Ltd. customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Boom Studio. Ltd. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Boom Studio. Ltd. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Boom Studio. Ltd. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Boom Studio. Ltd. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Boom Studio. Ltd. until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Boom Studio. Ltd. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Boom Studio. Ltd., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Boom Studio. Ltd. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”) only if you accept and consent to this Terms and that you agree to comply with this Term. You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You acknowledge that inappropriate content is prohibited within Boomstudio Service, including but not limited to content that contains: (1) sexual content and profanity; (2) hate speech; (3) violence; (4) terrorist content; (5) dangerous movements and organizations; (6) bullying and harassment; (7) dangerous products; (8) marijuana; (9) tobacco and alcohol. Boom Studio. Ltd. reserves the right to take action against inappropriate content within Boomstudio Service including but not limited to immediately deleting the inappropriate content, and suspending Your account.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement”of boomstarsp@gmail.com and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Boom Studio. Ltd. and its licensors. The Service is protected by copyright, trademark, and other laws of Hong Kong and any other applicable local laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Boom Studio. Ltd. .
Our Service may contain links to third-party websites or services that are not owned or controlled by Boom Studio. Ltd. Boom Studio. Ltd. has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Boom Studio. Ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
In no event shall Boom Studio. Ltd. , nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. 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, non-infringement or course of performance.
Boom Studio. Ltd. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Hong Kong, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
If you have any questions about these Terms, please contact us at boomstarsp@gmail.com
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