Welcome to the Boombang.tv website (the "Website"), owned and operated by Boombang Games S.L ("Boombang").
Boombang asks you (the "User(s)"), to read these Terms and Conditions of Use carefully. They govern the User's use of the Website, including any extension, update, modification or additional services incorporated to the Website.
By clicking "I AGREE" during the registration process, the User signifies his/her agreement to these Terms and Conditions of Use (the “Terms and Conditions”), which constitute a binding legal agreement. Accepting them in full is a condition of use of this Website (whether the User subscribes them or not). If a User does not agree to these Terms and Conditions, he/she MUST click "CANCEL" and NOT set up a membership account to play the game on the Website.
Boombang reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. Boombang strongly recommends the User to check them whenever he/she returns to the Website. Boombang will treat the User's continued use of the Website as acceptance of these changes from their effective date as shown above. By playing the game on the Website the User's use of this Website is treated as an acceptance of the version of the Terms and Conditions in effect at the time of his/her use.
If you are under 14 years old, by using the Website you are representing that you have checked with your parents or guardians, that they have read these Terms and Conditions and that they agree to be bound by them and by Boombang’s Privacy Policy. If you have not obtained a parental or legal guardian's consent to use the Website you are not authorised to use the Website. Boombang reserves the right to terminate any account if Boombang is not satisfied that such permission has been given.
If Boombang is notified (either by e-mail to the following e-mail address parents@boombang.tv by a parent that his/her son/daughter has lied about his/her age when registering on the Website, Boombang will terminate the account provided that Boombang has confirmation which satisfies it that the reporting person is indeed the parent.
Parents: please contact us for additional information at www.boombang.tv.
These Terms and Conditions will go through the following points:
1.1 The User is permitted by Boombang to access and use the Website located at “www.boombang.tv” and any extension or replacement subject always to these Terms and Conditions.
1.2 To use the Website services, the User is required to register as an authorised user on the Website. The User must provide Boombang with accurate and complete registration information about himself/herself and it is his/her responsibility to inform Boombang of any changes to that information by emailing Boombang at the following e-mail address support@boombang.tv. Boombang shall respect all applicable data protection laws and, specifically, the Spanish “Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal”.
1.3 The User is responsible for the security and proper use of all his/her user names and passwords used in connection with the Website and must take all necessary steps to ensure they are kept confidential, secure, used properly and not disclosed to unauthorised people. The User is responsible for all activities that occur under his/her password and account. The User must inform Boombang immediately if there is any reason to believe that his/her user name or password has, or is likely to, become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.
1.4 If the User forgets or loses a password or user name, he/she must contact Boombang and satisfy such security checks as Boombang may operate. Boombang reserves the right to suspend user name and password access to the Website and to its services if there is a breach of security.
Boombang reserves the right, at its sole discretion, to require the User to change any or all of the passwords used by the User in connection with the Website.
1.5 Those Website accounts, (including any services attached to the accounts), that are old, unused or passive for six months or more, will be deleted without notification on a regular basis.
1.6 The Website services do not include the provision of computer or other equipment. To use the Website services, the User will require Internet connectivity and appropriate telecommunication links. Boombang shall not be liable for any telephone or other costs that the User may incur.
1.7 The Website is for the User's personal and non-commercial use only, and the User agrees to use the Website in a manner consistent with all applicable laws and regulations which may apply to the User's use of the Website.
1.8 The User may not modify, copy, distribute, transmit, broadcast, display, perform, reproduce, revise, rent, lease, publish, sublicense, create derivative works from, transfer or sell any information or services obtained from the Website. All Boombang copyrights and intellectual property rights and those of persons providing content to the Website are fully reserved.
1.9 The User may not seek to obtain unauthorised access to Boombang's computer systems or database records. The User also agrees not to use any computer equipment that is the property of Boombang.
1.10 The software has been designed for use only on the services offered on the Website. The software is licensed for the User’s use on the Website services only. Boombang does not grant the User a license to use the software for any other purpose. The User agrees to use the Website only on the Website services and not through any other means. The User further agrees not to create or provide any other means through which others may use the Website, for example, through server emulators. The User may not reverse engineering, decompile or disassemble the software, including any proprietary communications protocol used by the software.
1.11 The User agrees to indemnify and hold Boombang, and its subsidiaries, affiliates, officers, agents, co-branders, and employees ("Indemnified Parties"), harmless from any claim or demand, including reasonable legal costs made by any third party due to or arising from any breach by the User of these Terms and Conditions. This indemnity may be enforced by an Indemnified Party in his own right.
2.1 The Website contains an instant chat service (the "Chat Room") and message boards (the "B-PAD") to which Users may submit messages for publication. The User agrees to use the Chat Room and the B-PAD only to post, send and receive messages and materials that are proper, comply with the requirements of the Website and are relative to the Website. In particular, but without limitation, the User agrees that when using the Chat Room and B-PAD, he/she will not:
2.1.1 Use the Chat Room or B-PAD in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
2.1.2 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
2.1.3 Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
2.1.4 Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the User owns or controls the rights thereto or has received all necessary consents to do the same;
2.1.5 Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
2.1.6 Advertise or offer to sell or buy any goods or services for any business purpose;
2.1.7 Download any file posted by another user of a Chat Room or B-PAD that the User knows, or reasonably should know, cannot be legally distributed in such manner;
2.1.8 Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
2.1.9 Restrict or inhibit any other user from using and enjoying the Chat Room and B-PAD;
2.1.10 Violate any code of conduct or other guidelines which may be applicable for any particular communication service;
2.1.11 Harvest or otherwise collect personal data about others, including email addresses;
2.1.12 Violate any applicable laws or regulations;
2.1.13 Create a false identity, or impersonate any person or entity, for the purpose of misleading others;
2.1.14 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website services;
2.1.15 Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Users of the Website or other User or usage information or any portion thereof.
2.2 The User will indemnify Boombang against all losses, liabilities, costs and expenses reasonably suffered or incurred by Boombang, all damages awarded against Boombang under any judgment by a court of competent jurisdiction and all settlements sums paid by Boombang as a result of any settlement agreed by Boombang arising from or in connection with:
2.3 Boombang has no obligation to monitor the Website. However, Boombang reserves the right to review materials posted to the Chat Room and the B-PAD and to remove any materials at its sole discretion. The Moderators shall treat all colleagues and customers and suppliers on their merit irrespective of sex, age, marital status, colour, creed, race, ethnic or national origin.
2.4 Boombang reserves the right at all times to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at its sole discretion.
2.5 Boombang does not control or endorse the content, messages or information found on the Website and, therefore, specifically disclaims any liability with regard to the Chat Room and the B-PAD and any actions resulting from the User's participation in the Chat Room and in the B-PAD.
2.6 Materials uploaded to the Chat Room and B-PAD may be subject to limitations on usage, reproduction and/or dissemination; the User is responsible for adhering to such limitations if he/she downloads the materials.
Boombang will make reasonable commercial efforts to keep downtime to a minimum but Boombang can't promise that this Website or any data stored or transmitted in connection with it will be uninterrupted, secure or error-free or will achieve particular results. Boombang reserves the right to suspend operation of some or all of this Website at any time without notice for repair, maintenance, improvement or otherwise, and Boombang accepts no liability before the User or any third party as a result.
Should these Terms and Conditions have or may have been breached, or should it be necessary in order to prevent or stop any harm or damage to Boombang, the Website, other players or the general public, or to minimize Boombang’s liability to others, Boombang reserves the right, with or without prior notice, to: Terminate or modify any or all accounts of the Website which Boombang thinks are connected with the User and/or otherwise block the User’s access to the Website and its services and take such other steps as may be reasonable.
For the purpose of preventing or stopping breach of these Terms and Conditions or any harm or damage to Boombang, the Website, other players or the general public, or to minimize Boombang’s liability to others, Boombang may, automatically or manually monitor, censor (including rejection or removal of any content) and/or record public or private chat or other activities in the Website.
Boombang shall respect the Spanish data protection laws (specifically, the Spanish “Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal”).
For a description of how Boombang uses the User’s personal data, please see Boombang’s Privacy Policy. Such Privacy Policy does not apply to websites operated by third parties.
Boombang will create its own data base where the Users will be registered. Boombang will be solely responsible of its own data base and, therefore, for obtaining from the Users all consents or authorizations necessary to gather and process the Users personal data as well as for fulfilling all legal requirements with respect to its own data base. No assignment or transfer of the User’s personal data will be carried out. By using the Website and providing his/her personal data, the User grants his/her approval to Boombang for the registration of his/her personal data in Boombang’s data base, the purpose of which is to keep a list of Users for statistical and promotional purposes as well as to offer them services related to the Website. The User shall be free to access to his/her personal data kept in said data base and exercise his/her rights of opposition, rectification and cancellation of said personal data as well as revocation of his/her authorization. These rights may be exercised in writing to Boombang’s department responsible for personal data bases by sending an e-mail to the following address privacy@boombang.tv.
6.1 Boombang offers enhanced services (the "Enhanced Services') that are subject to additional charges. These Enhanced Services include, but are not limited to, the use of virtual credits to access premium content and to download icons and ringing tones to mobile telephones.
6.2 All items purchased from the Premium Shop are held on Boombang's servers and may be accessed by the User subject always to these Terms and Conditions. They cannot be downloaded to the User's computer.
6.3 Boombang may from time to time withdraw additional Enhanced Services or make certain Enhanced Services available. These Enhanced Services will always be subject to charge.
6.4 The method of payment for the Enhanced Services shall be at the sole discretion of Boombang from time to time. Boombang may offer the User virtual credits that may be used to purchase Enhanced Services. The credits will be deducted from the User's account as purchases are made.
6.5 From the moment when the User purchases services from Boombang via the Website, the User shall have the right to cancel the contract if Boombang breaches any of these Terms and Conditions.
6.6 On termination by either party, Boombang will refund any unused credits held on the User's account to the User, providing all information needed for the refund has been provided to Boombang and that the total of unused credits exceeds €50.00 EUR. Boombang reserves the right to deduct from the refund any and all expenses arising from the payment and all other payments due and unpaid by the User, whether under these Terms and Conditions or otherwise. If the expenses associated with the refund exceed the refund Boombang is not obliged to refund the credits.
The User acknowledges that Boombang may establish general practices and limits concerning use of the Website services, including without limitation the maximum number of days that messages or other uploaded content will be retained by the Website services, the maximum number of messages that may be sent from or received by an account on the Website services, the maximum size of any message that may be sent from or received by an account on the Website services, the maximum disk space that will be allotted on Boombang's servers on behalf of the User, and the maximum number of times, and the maximum duration for which, the User may access the Website services in a given period of time.
8.1 Boombang has made available certain software (the "Software") which the User may download from the Website in order to enhance his/her use of the Website. Downloading or otherwise obtaining through the use of the Website of any material is done at the User’s own discretion and risk and he/she will be solely responsible for any damage to his/her computer system or loss of data that results from the download of any such material. The Software contains proprietary and confidential information and is protected by applicable intellectual property, copyright, and other laws and may only be used subject to the terms of the end user license agreement which accompanies or is included with the Software (the "License Agreement") and which also identifies the proprietor of the Software (the "Proprietor").
8.2 The copying, reproduction, modification, and creation of derivative works of the Software to any other server or location for further reproduction, redistribution, selling, loaning, leasing, renting is expressly prohibited except as permitted under the terms of the relative License Agreement.
8.3 Boombang gives no warranty in relation to the Software. The User may rely only on such warrants provided by the Proprietor in the License Agreement.
Boombang.tv® is a registered trade mark of Boombang Games, S.L in Spain, the European Union and other countries.
The User must not use a modified/customised version of the Software. The User must not create or provide any other means by which the Website may be used by others (including, without limitation, replacement or modified Software, server emulators).
Materials (including without limitation all information, software, data, text, photographs, graphics, sound and video) placed on the Website by Boombang or on its behalf are protected by copyright and other intellectual property rights of Boombang or Boombang’s business partners / suppliers / advertisers. The User may not use these materials or the Website except in accordance with these Terms and Conditions and for personal (i.e. non-commercial) use only.
The User agrees that his/her Website character, account and items are and will remain Boombang’s property. Except as expressly granted in these Terms and Conditions, Boombang reserves all rights, interests and remedies relating to the Website and its materials (including without limitation, software, data, text, photographs, graphics, sound and video) placed on the Website.
The User agrees that by posting chat or other materials on the Website or by submitting any material of any kind to Boombang for any purpose connected with the Website (non-exhaustive examples are suggestions and ideas for the Website or contributions to the Gallery page), he/she is giving Boombang a non-exclusive, irrevocable, worldwide, royalty-free license to use and/or modify the posted and/or submitted materials as Boombang sees fit. The User agrees that he/she will not withdraw the posting or submission or attempt to make a charge for its use. Furthermore the User guarantees that he/she is the exclusive copyright holder in relation to the posting or to the submission and that they do not breach in any way the rights of any other person or entity.
THIS SECTION (AND ANY OTHER CLAUSE EXCLUDING OR RESTRICTING BOOMBANG’S LIABILITY) APPLIES TO BOMMBANG’S DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AGENTS AND AFFILIATED COMPANIES AS WELL AS TO BOOMBANG. NOTHING IN THIS AGREEMENT IN ANY WAY LIMITS OR EXCLUDES BOOMBANG’S LIABILITY FOR NEGLIGENCE CAUSING DEATH OR PERSONAL INJURY OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY LIABILITY WHICH MAY NOT LEGALLY BE EXCLUDED OR LIMITED. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, TO THE EXTENT ALLOWED BY APPLICABLE LAW BOOMBANG EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED, BY STATUTE, COLLATERALLY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR REASONABLE CARE AND SKILL. TO THE EXTENT ALLOWED BY APPLICABLE LAW, BOOMBANG SHALL NOT BE LIABLE BY CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY DUTY OR COLLATERALLY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THIS WEBSITE FOR CONSEQUENTIAL, INDIRECT OR SPECIAL LOSS OR DAMAGE OR ANY ECONOMIC LOSSES (INCLUDING LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR PUNITIVE DAMAGES OR LOSS OF DATA, IN EACH CASE, EVEN IF BOOMBANG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND HOWSOEVER INCURRED. ALL CLAIMS MUST BE SUBMITTED IN WRITING AND BROUGHT WITHIN THREE MONTHS OF THEIR OCCURRENCE OR WAIVED. THE USER HEREBY AGREES TO INDEMNIFY BOOMBANG AND HOLD BOOMBANG HARMLESS FROM AND AGAINST ALL THIRD PARTY LIABILITIES, CLAIMS, LOSSES, DAMAGES OR COSTS ARISING FROM THE USER’S BREACH OF THESE TERMS AND CONDITIONS, INCLUDING REASONABLE LAWYERS' FEES AND COSTS.
Some states/jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety. Likewise, some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10.1 The Website may contain material in the form of information (which is updated from time to time) that Boombang believes comes from reliable sources. However, Boombang accepts no responsibility for, nor does it warrant, the accuracy, efficacy, completeness, performance, fitness for a particular purpose of such material.
10.2 Boombang gives no warranty that the contents of the Website and the Software and other services available from the Website are free from error, interruption of the Website service, infection by viruses or anything else that has contaminating or destructive properties and Boombang accepts no liability in respect thereof.
10.3 To the maximum extent admitted by applicable law, the User agrees that Boombang's liability for all damages and losses (including negligence) shall not in any circumstances exceed the amount paid by the User, if any, for accessing the Website.
11.1 The User acknowledges that certain links on the Website lead to resources located on servers maintained by independent third parties who Boombang does not endorse and over whom Boombang has no control and, accordingly, Boombang accepts no responsibility or liability for any of the material contained on those servers; nor does Boombang accept responsibility for the availability of such external sites or resources. The User agrees and acknowledges that he/she is solely responsible for evaluating any goods or services offered by Boombang or by third parties via the Website and that Boombang will not be party to or in any way responsible for any transactions between the User and third parties.
11.2 The links to other websites may send "cookies" or solicit personal information and as Boombang has no control over these Websites Boombang does not accept any liability for their actions.
11.3 Where part of the Website contains advertising and other material submitted to Boombang by third parties please note that those advertisers are responsible for ensuring that material submitted for inclusion on the Website complies with all legal requirements. Boombang does not accept any liability in respect of any such advertisements.
12.1 Nothing in these Terms and Conditions affects the User’s statutory rights as a consumer.
12.2 Headings above are for guidance only and not binding.
12.3 If Boombang fails to enforce any provision of these Terms and Conditions, that failure will not preclude Boombang from enforcing either that provision (or any similar provision) on a later occasion.
12.4 If any provision of these Terms and Conditions is found by a court to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and that other provisions remain in full force and effect.
12.5 The User may not assign, sub-license or otherwise transfer any of his/her rights under these Terms and Conditions.
This Terms & conditions shall be governed by the substantive laws of Spain Spanish Law, without regard to any conflict of law rules.
If the User is dissatisfied with this Website or any aspect of it, please contact Boombang via the forms on the Website or write to Boombang’s registered office.
©Boombang Games, S.L. 2008