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Terms of Use

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This terms of use agreement (the "Terms and Conditions" or the "Agreement") constitutes a legally binding agreement and applies to your use of the Boom Charity website(s), platform and other services provided by Boom Charity ("Boom Charity Services"). Boom Charity may, in its sole discretion, modify or revise these Terms and Conditions at any time, and you agree to be bound by such modifications or revisions. You agree to review the Terms and Conditions periodically to be aware of such modifications and your continued use of the Boom Charity Services shall be deemed your conclusive acceptance of the modified Terms and Conditions.

You represent and warrant that: (i) you are either the sole and exclusive owner of all content uploaded, stored, posted, transmitted, displayed, or published or otherwise disseminated through the Boom Charity Services, including without limitation, all files, text, graphics, logos, icons, images, photos, videos, audio, works of authorship, or any other materials, or content (sometimes called, individually or collectively, the "Material"), or you have all rights, licenses, consents and releases that are necessary to grant Boom Charity the rights in such Material, as contemplated under these Terms and Conditions and (ii) the uploading, storing, posting, transmitting, displaying, or publishing of the Material through the Boom Charity Services does not and will not violate the privacy rights, publicity rights, copyrights, contractual rights or any other rights of any person or entity.

By uploading any Material on the Boom Charity Services, you hereby grant to Boom Charity and its licensees a limited, non-exclusive, royalty free, perpetual, irrevocable right and license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute any and all Material submitted by you to the Boom Charity Services or in connection with the Boom Charity Services.

Subject to your strict compliance with these Terms and Conditions and our other guidelines and policies, as such may be posted from time to time (the "Guidelines"), Boom Charity grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to use the Boom Charity Services in order to view and interact with content on Boom Charity Services.

In addition, if you use and/or register to use the Boom Charity Services, and subject to your strict compliance with these Terms and Conditions and Guidelines, Boom Charity grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to.

  1. submit, upload or post material to the Boom Charity Services strictly as permitted in accordance with these Terms and Conditions and Guidelines;
  2. participate in the community areas and communicate with other members of the Boom Charity Services community strictly in accordance with these Terms and Conditions and Guidelines; and
  3. use the Boom Charity Services provided strictly as permitted in accordance with these Terms and Conditions and Guidelines;

The above licences are conditional upon your strict compliance with these Terms and Conditions and Guidelines, including, without limitation, the following:

  1. you must not copy, rip or capture, or attempt to copy, rip or capture, any Material from the Boom Charity Services, other than by means of download in circumstances where the relevant user and Boom Charity Services have elected to permit downloads of the relevant item of the applicable material;
  2. you must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Material on or from the Boom Charity Services, except as permitted under these Terms and Conditions, and within the parameters set by Boom Charity.

The Boom Charity Services and all content provided by the Boom Charity Services is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws, and is owned, controlled and/or licensed by Boom Charity and/or its affiliates and related companies. Nothing contained on the Boom Charity Services should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trade mark, logos, or other names, including but not limited to those identifying Boom Charity and/or its affiliates and related companies or their respective products and services displayed on the Boom Charity Services, without the express written consent of Boom Charity or such third party that may own such trademarks, logos or other names displayed on the Boom Charity Services.

You will use the Boom Charity Services and any Material found on the Boom Charity Services solely for lawful purposes. You shall not upload, store, post, transmit, display or publish, distribute or otherwise disseminate through the Boom Charity Services any Material, content or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise objectionable, that otherwise violates any law or infringes or violates any rights of any other person or entity. You will be solely responsible for the content of any Material that you make available through the Boom Charity Services. You will also be liable for any loss or damage resulting, directly or indirectly, from your making any Material available through the Boom Charity Services. You agree that you will not engage in any activity that interferes with or disrupts the Boom Charity Services or services or servers or networks connection to the Boom Charity Services.

Boom Charity has no obligation and assumes no responsibility for monitoring the Boom Charity Services for inappropriate Material or conduct. If at any time Boom Charity chooses, in its sole discretion, to monitor Material uploaded to the Boom Charity Services, Boom Charity nonetheless assumes no responsibility for the Material, no obligation to modify or remove any inappropriate Material, and no responsibility for the conduct of the users. However, Boom Charity reserves the right to monitor, delete, refuse to transmit, move or edit, without notice to you, any Material, in whole or in part that it deems in its sole discretion unacceptable or objectionable, or in violation of this Agreement or that which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Boom Charity may terminate, deny, restrict, or suspend your user account or subscription (the "Account") at any time, for any or no reason, with or without prior notice or explanation, and without liability. Without limiting the generality of the forgoing, Boom Charity reserves the right to restrict or prohibit the sending of unsolicited bulk or commercial messages or very large messages to a recipient.

You are responsible for maintaining the confidentiality of any passwords associated with your Account, designating those employees and representatives who are authorised to access the Account, and for activities that occur under your Account. If your username or password is lost or stolen, or if you believe that your Account has been accessed by unauthorized third parties, you are advised to notify Boom Charity in writing, and should change your password at the earliest possible opportunity. Notwithstanding the forgoing, for clarity, Boom Charity cannot and will not be liable for any loss or damage occasioned from your failure to comply with these policies. Without limiting the generality of anything contained herein, you acknowledge and agree that under no circumstances will Boom Charity be liable in any way for any of your acts or omissions including any damages of any kind incurred as a result of such acts or omissions.

The services of the Boom Charity Services are provide "as-is" without warranty of any kind either express or implied. You acknowledge and agree that Boom Charity will not be responsible for any failure of the Boom Charity Services to store any files containing Material uploaded to the Boom Charity Services, or for the deletion of files stored on the Boom Charity Services or for the corruption of or loss of any data, information or content contained in such Material. Neither Boom Charity nor its affiliates and related companies and each of their respective directors, officers, employees, consultants, or agents makes any representations or warranties that the Boom Charity Services or access to and use of the Boom Charity Services will be uninterrupted, error free, or free from defects, viruses or other harmful components. You expressly agree that use of the Boom Charity Services is at your sole risk. You acknowledge and agree that neither Boom Charity nor its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents will be responsible for any failure of the Boom Charity Services to store any files. Neither Boom Charity nor its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents makes any representations or warranties as to the accuracy, timeliness, reliability, or completeness of the Boom Charity Services or the content contained in or accessed through the Boom Charity Services, including but not limited to, the contents of any content, information, material, Material, or posting found on the Boom Charity Services, any services provided through the Boom Charity Services, or any links to other sites made available on the Boom Charity Services or the content contained on such site or as to the continuous or error free use and operation of the internet or the Boom Charity Services or servers. You expressly agree that you will only seek resolution with the appropriate 3rd party for any and all issues, concerns, or complaints you may have as relate to transactions with 3rd parties whose links are provided by Boom Charity, including without limitation, returns, refunds, etc.

Under no circumstances, including but not limited to, negligence, gross negligence, negligent misrepresentation, and fundamental breach shall Boom Charity or its affiliates and related companies, and each of their respective directors, officers, employees, consultants, and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that results from the use of, or the inability to use, any content, information, material, including the Material, or postings on the Boom Charity Services, directly or indirectly, or the transmission of confidential or sensitive information over the internet. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that neither Boom Charity nor its affiliates, and related companies, nor each of their respective directors, officers, employees, consultants and agents shall be liable for any defamatory, offensive or illegal conduct of any user, including you.

Boom Charity reserves the right to discontinue the Boom Charity Services or to change the services at any time and without prior notice to you.

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Boom Charity, its affiliates, subsidiaries and related companies, subcontractors and other partners, and each of their respective officers, directors, agents, partners and employees, harmless from any loss, liability, claim, demand, and expenses including, but not limited to all legal fees and costs arising out of (i) your breach of any provision of the Terms and Conditions and/or any breach of your warranties and representations; or (ii) your use of the Boom Charity Services, the content contained in the Boom Charity Services and the placement or transmission of any information or other materials, including the Material, through the Boom Charity Services made by you or others using your Account.

The Agreement shall be governed by, and construed in accordance with the laws of the Province of Ontario, and federal Canadian laws, without regard to its conflict of law provisions. You and Boom Charity agree to submit to the exclusive jurisdiction of the courts located within the Province of Ontario, and Canada. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. The Terms and Conditions and any rules, policies, guidelines or other agreements posted on the Boom Charity Services by Boom Charity constitute the entire agreement Boom Charity and you with respect to your use of the Boom Charity Services. No waiver by either Boom Charity or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.