Last updated July 2024
By accessing our site and/or purchasing something from us, you engage in our Service and you have read,understood and agreed to comply with the following terms, conditions, policies, and notices stated here
AGREEMENT TO OUR LEGAL TERMS:
We are BOOM (“company”, “we”, “us” and “our”) refer to BOOM.
BOOM operates this website, as well as any other related products and services including all information, and tools available from this site to (“you”), the user, concerning your access to and use of the Services.
These Legal Terms (“Terms of Service”, “Terms”), constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) concerning your access to and use of the Services including those additional terms and conditions and policies referenced herein and/or available by hyperlink. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and/or contributors of content.
SECTION 1 – Website Use
By agreeing to these Terms of Service, you confirm that you are at least 21 years old, or that you are 21 years old and you have given us your consent to allow any of your minor dependents to use this site. Providing false information may constitute a violation of law and will result in a Permanent Account Suspension.
You are prohibited from using our products for any unlawful or unauthorized purposes, and you must comply with all applicable laws in your jurisdiction while using the Service (including, but not limited to, copyright laws).
You must not transmit any harmful software such as worms, viruses, or any malicious code. Any breach or violation of these Terms will lead to the immediate termination of your Services.
SECTION 2 – WEBSITE USE CONDUCT
We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the services to anyone for any reason or no reason at any time.
You acknowledge that your content (excluding credit card information) may be transmitted without encryption and may pass through various networks; and undergo modifications to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
SECTION 3 – INTELLECTUAL PROPERTY
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.
SECTION 4 – ACCURACY, COMPLETENESS, AND MODIFICATION OF INFORMATION
We do not assume liability for any inaccuracies, incompleteness, or outdated information, presented on this site. This includes typographical errors, product descriptions, prices, offers, promotions, shipment prices, transit times, availability and various other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
You acknowledge and agree that it is your responsibility to stay informed about any changes to our site. We have no duty to update any information contained herein, except as required by law.
SECTION 5 – MODIFICATION OF PRICES AND SERVICES
We reserve the right to change, modify or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
SECTION 6 – PRODUCTS OR SERVICES
Some products or services may be offered exclusively through our website. Availability may be limited, and returns or exchanges are governed by our Return Policy.
We strive to depict the colors and images of our products in the store with the highest precision. However, we cannot ensure that the colors viewed on your computer, phone, or tablet will be 100% completely accurate.
We reserve the right, but not the obligation, to restrict the sales of our products or services to any individual, location, or jurisdiction. This discretion may be applied on a case-by-case basis. We also reserve the right to limit the quantity of any products or services offered. All product descriptions and pricing are subject to change at any time without prior notice, at our discretion. We may discontinue any product or service offer on this site , void where prohibited.
We do not guarantee that any products, services, information, or other materials purchased or obtained by you will meet your expectations, nor do we promise that any errors in the Service will be rectified.
SECTION 7 –BILLING AND ACCOUNT INFORMATION
We retain the right to refuse any order placed with us. At our sole discretion, we may limit or cancel quantities purchased per customer, per household, or per order. Such restrictions can include orders placed by or under the same customer account, the same credit card, and/or those using the same billing or shipping address. If we alter or cancel an order, we may attempt to notify you via the email and/or billing address or phone number provided at the time of the order.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 8 – PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
SECTION 9 – “OTHER” TOOLS DISCLAIMER
Our Service may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement of its Affiliates, its respective licensors and service providers. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion. It is important you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 10 – THIRD-PARTY LINKS
Our Service may contain links to third-party websites, products, and services that are not owned or controlled by Boom. We are not liable for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we hold no liability, directly or indirectly, for any damage or loss caused or alleged to be caused by the use of or reliance on any such content, goods, or services available through any third-party websites or services.
We strongly recommend that you review the terms and conditions and privacy policies of any third-party websites or services before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third party.
SECTION 11 – INPUT AND FEEDBACK
If you provide with us (at our request, or without our request) any Customer Input (for example, suggestions, feedback, creative material, proposals, plans) related to our Services, we (Boom and corporate group entities) will own all right, title and interest in and to the Customer Input, even if you designated the Customer Input as confidential.
We and our corporate group entities will be entitled to use the Customer Input without restriction. You assign to us all right, title and interest in and to the Customer Input and agree under no obligation are we to maintain any comments in confidentiality, pay compensation for any Input, or respond to any comments.
For this purpose the word: “assign” is a legal term which means legally transferring the benefit, such as you legally transferring the benefit of the Customer Input to us.
SECTION 12 – DISCLAIMER OF WARRANTIES
The services and all products, information, content, and materials provided through the service are offered on an “as-is” and “as-available” basis. We do not guarantee that your use of our services will be uninterrupted, timely, secure, or error-free. We make no representations or warranties of any kind, whether express or implied, regarding the operation of the services or the information, content, materials, products, or other services provided. You expressly agree that your use of these services is at your sole risk.
To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that the services, information, content, materials, products, or other services will be free of viruses or other harmful components. This disclaimer applies to any damages or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, or unauthorized access to, alteration of, or use of records.
You acknowledge that we are not liable for any defamatory, offensive, or illegal conduct of other users or third parties. We are not responsible for any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the services or any products obtained through the services, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, even if we have been advised of the possibility of such damages.
In the event of any issue with the website, content, products, or services, your sole remedy is to discontinue using the website and services. Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages; in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 12 – TERMS AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.
Without limiting any other provision of these Legal Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete any content or information that you post at any time, without warning, at our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
