Terms of Use

In these terms, the terms "us," "we," "the Company," or "BoomerBond" refer to BoomerBond, LLC.

 

1. Acceptance of Terms of Use Agreement. By creating a BoomerBond account, whether through a mobile device, mobile application, or computer (collectively, the "Service"), you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, Cookie Policy, Arbitration Procedures (if applicable to you), Safety Tips, and Community Guidelines, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products, or services we offer on the Service (collectively, this "Agreement"). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.

 

We may make changes to this Agreement and the Service from time to time. We may do this for various reasons, including reflecting changes in or requirements of the law, introducing new features, or changing business practices. The most recent version of this Agreement will be posted on the Service under Settings and also on boomerbond.com. It is your responsibility to regularly check for the most recent version. The most recent version will apply. If the changes include significant modifications to your rights or obligations, we will notify you at least 30 days in advance of the changes (unless prohibited by applicable law) through reasonable means, such as notification through the Service or via email. By continuing to use the Service after the changes become effective, you agree to the revised Agreement.

 

2. Eligibility. To create an account or access and use the Service or its associated systems, you must meet all of the following requirements:

You must be at least 18 years old. You must be able to enter into a binding contract with BoomerBond. You must not be prohibited from using the Service under the laws of the United States or any other applicable jurisdiction (for example, you must not be listed on the U.S. Treasury Department's list of Specially Designated Nationals or subject to any similar prohibitions). You must comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must not have been convicted of a felony or an indictable offense (or a crime of similar severity), a sex crime, or any crime involving violence.

 

3. Use of Your Account. In order to use BoomerBond, you may sign in using a number of ways, including by Facebook login. If you choose to use your Facebook login, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

 

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for BoomerBond, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.

 

4. Modifying the Service and Termination. BoomerBond is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

 

The easiest way to terminate your account is to follow the instructions under "Settings" in the Service. Of course, you retain other termination options. However, if you use a third-party payment account such as Apple’s App Store or iTunes Store, as applicable (“App Store”) or the Google Play Store, you will need to manage in-app purchases through such an account to avoid additional billing. BoomerBond may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases.

 

For residents of the Republic of Korea, except in the case where we reasonably consider that (i) giving notice is legally prohibited (for instance, when providing notice would either violate applicable laws, regulations, or orders from regulatory authorities or compromise an ongoing investigation conducted by a regulatory authority) or (ii) any notice may cause harm to you, third parties, BoomerBond, and/or our affiliates (for instance, when providing notice harms the security of the Service), we will without delay notify you of the reason for taking the relevant step.

 

After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and BoomerBond: Section 4, Section 5, and Sections 12 through 19.

 

5. Safety: Your Interactions with Other Members. Though BoomerBond strives to encourage a respectful member experience through features like the double opt-in that allows members to communicate only after they have both indicated interest in one another, BoomerBond is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow BoomerBond’s Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other members.

 

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT BOOMERBOND DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. BOOMERBOND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF MEMBERS.

 

6. Rights BoomerBond Grants You. BoomerBond grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and

non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service's benefits as intended by BoomerBond and permitted by this Agreement. This license and any authorization to access the Service are automatically revoked in the event that you do any of the following:

 

  • Use the Service or any content contained in the Service for any commercial purposes without our written consent.
  • Copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without BoomerBond's prior written consent.
  • Express or imply that any statements you make are endorsed by BoomerBond.
  • Use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy, or other manual or automatic device, method, or process to access, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
  • Use the Service in any way that could interfere with, disrupt, or negatively affect the Service or the servers or networks connected to the Service.
  • Upload viruses or other malicious code or otherwise compromise the security of the Service.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
  • "Frame" or "mirror" any part of the Service without BoomerBond's prior written authorization.
  • Use meta tags or code or other devices containing any reference to BoomerBond or the Service (or any trademark, trade name, service mark, logo, or slogan of BoomerBond) to direct any person to any other website for any purpose.
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service, or cause others to do so.
  • Use or develop any third-party applications that interact with the Service or other members' Content or information without our written consent.
  • Use, access, or publish the BoomerBond application programming interface without our written consent.
  • Probe, scan, or test the vulnerability of our Service or any system or network.
  • Encourage or promote any activity that violates this Agreement.

 

BoomerBond may investigate and take any available legal action in response to illegal or unauthorized uses of the Service, including termination of your account.

 

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.

 

7. Rights you Grant BoomerBond. By creating an account, you grant to BoomerBond a worldwide, transferable, sublicensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute information you authorize us to access from third parties such as Facebook, as well as any information you post, upload, display, or otherwise make available (collectively, "post") on the Service or transmit to other members (collectively, "Content"). BoomerBond's license to your Content shall be non-exclusive, except that BoomerBond's license shall be exclusive with respect to derivative works created through the use of the Service. For example, BoomerBond would have an exclusive license to screenshots of the Service that include your Content. In addition, so that BoomerBond can prevent the use of your Content outside of the Service, you authorize BoomerBond to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other BoomerBond members).

 

You agree that all information that you submit upon the creation of your account, including information submitted from your Facebook account, is accurate and truthful, and you have the right to post the Content on the Service and grant the license to BoomerBond above.

You understand and agree that we may monitor or review any Content you post as part of the Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening, harassing, or offensive, we reserve the right to immediately terminate your account.

 

In consideration for BoomerBond allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to BoomerBond regarding our Service, you agree that BoomerBond may use and share such feedback for any purpose without compensating you.

 

Please be informed that BoomerBond may access, store, and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage, or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of the Company or any other person.

 

8. Community Rules. By using the Service, you agree that you will not:

 

  • Use the Service for any purpose that is illegal or prohibited by this Agreement.
  • Use the Service for any harmful or nefarious purpose.
  • Use the Service in order to damage BoomerBond.
  • Violate our Community Guidelines, as updated from time to time.
  • Spam, solicit money from, or defraud any members.
  • Impersonate any person or entity or post any images of another person without his or her permission.
  • Bully, "stalk", intimidate, assault, harass, mistreat, or defame any person.
  • Post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark, or other intellectual property or contract right.
  • Post any Content that is hate speech, threatening, sexually explicit, or pornographic.
  • Post any Content that incites violence or contains nudity or graphic or gratuitous violence.
  • Post any Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.
  • Solicit passwords for any purpose or personal identifying information for commercial or unlawful purposes from other members or disseminate another person's personal information without his or her permission.
  • Use another member's account, share an account with another member, or maintain more than one account.

 

9. Other Members' Content.

Although BoomerBond reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and BoomerBond cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via our contact form. 

 

10. Purchases.

Generally. From time to time, BoomerBond may offer products and services for purchase ("in app purchases") through the App Store, Google Play Store, carrier billing, or other payment platforms authorized by BoomerBond. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as the Google Play Store or App Store (your "Payment Method") will be charged for the in app purchase at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize BoomerBond or the third party account, as applicable, to charge you.

 

Auto-Renewal; Automatic Card Payment

If you purchase an auto-recurring periodic subscription through an in app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, your subscription will automatically continue for an indefinite period of time, at the price you agreed to when subscribing unless you cancel your subscription before the renewal date. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.

 

Objections to a payment already made should be directed to Customer Support  if you were billed directly by BoomerBond or the relevant third party account such as the App Store. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits. You may unconditionally withdraw your consent to automatic card payments at any time by going to Settings on BoomerBond or the relevant third party account, but be advised that you are still obligated to pay any outstanding amounts.

 

If you want to change or terminate your subscription, it is easiest to log in to your third party account (or Settings on BoomerBond, if applicable) and follow the instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the BoomerBond application from your device. Deleting your account on BoomerBond or deleting the BoomerBond application from your device does not terminate or cancel your subscription; BoomerBond will retain all funds charged to your Payment Method until you terminate or cancel your subscription on BoomerBond or the third party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

 

For our members who reside in Germany, you may terminate your subscription after it has renewed with a notice period of one-month, and your right to terminate for cause remains unaffected.

 

Additional Terms that apply if you pay BoomerBond directly with your Payment Method. If you pay BoomerBond directly, BoomerBond may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, BoomerBond may terminate your account immediately in its sole discretion.

You may edit your Payment Method information by visiting BoomerBond and going to Settings. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you reside outside of the Americas, you agree that your payment to BoomerBond will be through MTCH Technology Services Limited.

 

Virtual Items. From time to time, you may be able to purchase or earn a limited, personal, non-transferable, non-sublicensable, revocable license to use "virtual items", which could include virtual products or virtual “coins” or other units that are exchangeable within the Service for virtual products (collectively, "Virtual Items"). Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when BoomerBond ceases providing the Service or your account is otherwise closed or terminated. BoomerBond, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and may distribute Virtual Items with or without charge. BoomerBond may manage, regulate, control, modify or eliminate Virtual Items at any time. BoomerBond shall have no liability to you or any third party in the event that BoomerBond exercises any such rights. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT BOOMERBOND IS NOT REQUIRED TO PROVIDE A REFUND IN RESPECT OF VIRTUAL ITEMS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

 

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.

 

For subscribers residing in the EU or European Economic Area - in accordance with local law, you are entitled to a full refund without stating the reason during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.

For subscribers and purchasers of Virtual Items residing in the Republic of Korea – in accordance with local law, you are entitled to a full refund of your subscription and/or unused Virtual Items during the 7 days following the purchase. Please note that this 7-day period commences upon the purchase.

Except as noted above for members resident in the Republic of Korea, purchases of Virtual Items are FINAL AND NON-REFUNDABLE.

 

To request a refund:

If you made a purchase using your Apple ID, refunds are handled by Apple, not BoomerBond. To request a refund, go to the App Store, click on your Apple ID, select "Purchase history", find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.

 

If you made a purchase using your Google Play Store account or through BoomerBond directly: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or BoomerBond (you can find this on your confirmation email). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number. This notice shall be sent to: BoomerBond, Attn: Cancellations, P.O. Box 25472, Dallas, Texas 75225, USA.

 

If you use your right of cancellation (except for purchases made through your Apple ID, which Apple controls), we will refund (or ask Google to refund) all payments received from you, without undue delay and in any case within 14 days of the date when we received notice of your decision to cancel the Agreement. We shall make such refund using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you as a result of the refund.

 

If you made a purchase through a payment platform not listed above, please request a refund directly from the third-party merchant through which you made your purchase.

 

You cannot cancel an order for delivery of digital content that is not delivered on a physical medium if order processing has begun with your explicit prior consent and acknowledgement that you will thereby lose your right of cancellation. This applies, e.g., to purchases of Virtual Items. That means that such purchases are FINAL AND NON-REFUNDABLE.

 

Pricing. BoomerBond operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates - which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options.

 

11. Notice and Procedure for Copyright Infringement Claims.

If you believe that your copyrighted work has been copied and posted on BoomerBond in a way that constitutes copyright infringement, please submit a takedown request using the form provided here.

 

When contacting us regarding alleged copyright infringement, please ensure that you include the following information:

 

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
  • A description of the copyrighted work that you claim has been infringed.
  • Information about the location of the material that you believe is infringing, with sufficient detail to enable us to locate it.
  • Your contact information, including your address, telephone number, and email address, as well as the copyright owner's identity.
  • A written statement by you, made under penalty of perjury, that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information provided in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the copyright owner.

 

BoomerBond will terminate the accounts of users who repeatedly infringe on copyrights.

 

12. Disclaimers.

BoomerBond provides the service on an "as is" and "as available" basis. To the extent permitted by applicable law, BoomerBond does not make any warranties of any kind, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. BoomerBond does not guarantee that the service will be uninterrupted, secure, or error-free, or that any defects or errors will be corrected. BoomerBond also does not guarantee the accuracy of any content or information obtained through the service.

BoomerBond takes no responsibility for any content posted, sent, or received by users or third parties through the service. Any material downloaded or obtained through the use of the service is done at your own discretion and risk.

 

13. Third Party Services.

The service may contain advertisements, promotions, and links to external websites or resources provided by third parties. BoomerBond is not responsible for the availability or lack of availability of such external websites or resources. If you choose to interact with the third parties made available through our service, their terms will govern your relationship with them. BoomerBond is not responsible or liable for the terms or actions of these third parties.

 

14. Limitation of Liability.

To the fullest extent permitted by applicable law, BoomerBond, its affiliates, employees, licensors, and service providers shall not be liable for any indirect, consequential, exemplary, incidental, special, punitive, or enhanced damages, including loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses. This limitation of liability applies to claims arising from your access to or use of the service, the conduct or content of other users or third parties on or through the service, and unauthorized access, use, or alteration of your content. In no event shall BoomerBond's aggregate liability to you for all claims relating to the service exceed the greater of the amount paid by you to BoomerBond for the service or USD 100 while you have an account.

You agree to indemnify and hold BoomerBond and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

 

15. Arbitration, Class-Action Waiver, and Jury Waiver.

Except for users residing within the EU or European Economic Area and in jurisdictions where prohibited by applicable law:

Any dispute or claim arising out of or relating to this agreement or the service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) or ICDR under the AAA Commercial Rules. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. The arbitration will be conducted by the American Arbitration Association (AAA) under its commercial rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. The expedited procedures of the AAA’s rules will apply only in cases seeking exclusively monetary relief under $75,000, and in such cases the hearing will be scheduled to take place within 90 days of the arbitrator’s appointment.  You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration and that Boomerbond and you each waive any right to a jury trial.

 

16. Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of California, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States.