Thank you for visiting Boomeroom.com (“the site” or “this site”), provided to you by BOOMEROOM. This document sets forth the terms and conditions that apply to your use of this site.
Changes to this Agreement
1. We reserve the right, in our sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the site. Your continued use of the site and any related services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the site if you do not agree to be bound by the revised terms and conditions.
General Use and Site License
3. This site and its related services are intended only for use by those who are 18 years of age or older and of the age of majority in the jurisdiction in which they reside. If you are not 18 or older, and of the age of majority in the jurisdiction in which you reside, you cannot use this site without the supervision of your parent or legal guardian. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of this site by children, minors and others under your care, and you agree to be responsible for their use of this site. Even for users that are minors being supervised by a parent or guardian, you affirm in any event that you are over the age of 13 as this site is not intended for children under 13. If you are under age 13, then please do not use this site under any circumstances.
4. We grant you a limited, nonexclusive and revocable license to make personal and non-commercial use of the site. You may view, copy, download or print materials from this site for your own personal and non-commercial use. In this context, “personal and non-commercial use” does not include posting, uploading or otherwise publishing the materials to any other site, except that you may provide a link to this site in connection with your non-commercial and personal use of social media websites and services, such as Facebook, MySpace, and Twitter, as well as through blogs or similar types of postings. Content that you post on this site will be subject to these Terms and subject to additional rules that we may promulgate for use or creation of profiles, forums, blogs, discussions, message boards, or other such interactive mediums on this site. For example, you will not be permitted to post links to other websites that we deem, in our sole discretion, to be competitive with this site, inconsistent with or potentially detrimental to the commercial objectives of this site or otherwise inappropriate. One such commercial objective of this site is to create a synergistic “one-stop” website for members and visitors to discover music of, and information about, their favorite music professionals using the resources of this site. Users that create accounts that provide privileges to post items on this site are encouraged to engage in dialogue and interaction on this site, but content posted on this site will be strictly subject to our review and potential editing and/or removal. This license does not include any rights not specifically enumerated herein. You agree to use this site only for lawful purposes and in accordance with the terms and conditions contained herein.
5. Music Professionals who become members of the website’s subgroup, “Music Pro +”, are bound by the same scope of license granted and other restrictions which apply to all other members, as per the terms herein. Notwithstanding the above, members of “Music Pro +” are encouraged and permitted to engage in professional and commercial dialogue and interaction on this site.
6. Without altering the scope of the license, and except as expressly provided for in this Agreement, this license does not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the site or any of the content on the site, including but not limited to the trademarks and copyrights of BOOMEROOM and its affiliates, or to make derivative use of the site or its contents; (b) to make commercial use of the site or any of its contents; (c) to collect and use product listings, descriptions or images; (d) to download or copy any user’s account information for your own use or for the benefit of another party; (e) to bypass any technical measures used to prevent or restrict access to any portion of the site; (f) to reverse engineer, decompile or disassemble the site, or to convert into human readable form any of the contents of this site not intended to be so read, including but not limited to using or directly viewing the underlying code for the site except as interpreted and displayed in a web browser; (g) to use any data mining, robots, or similar automated data gathering and extraction tools to access the site; (h) to violate or attempt to violate the security of the site, or (i) to interfere with or attempt to interfere with the proper working of the site.
7. You acknowledge that your use of this site is at our sole discretion, and your license to use the site may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of this site, to terminate any user’s account, and to alter or delete any material submitted to the site through the user’s account. Following termination of this license, the terms of this Agreement shall still survive such termination to the fullest extent permitted by law.
Intellectual Property Rights
8. Unless otherwise noted, all content included on this site, including images, illustrations, designs, icons, photographs, video clips, trade and marketing methods, text and other material, and all other intellectual property of every kind of nature, is the property of BOOMEROOM or its suppliers, licensors, partners or affiliates and is protected by United States and international copyright laws. All of the content on this site is either the property of BOOMEROOM or is used by us with the permission of its owner. The compilation of this site is the exclusive property of BOOMEROOM and is protected by United States and international copyright laws. You agree that you will not take any actions inconsistent with BOOMEROOM’s ownership of the site and its content.
9. The trademarks, logos, and service marks displayed on this site are owned by BOOMEROOM and third parties, and this site’s trade dress is owned by BOOMEROOM. All trademarks not owned by BOOMEROOM are the property of their respective owners, and, where used by BOOMEROOM, are used with permission. Nothing contained on this site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. BOOMEROOM’s trademarks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with BOOMEROOM’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on this site.
10. Any unauthorized use of any content or materials on this site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. For information on how you may obtain authorization to use any materials or content from this site, or to use BOOMEROOM trademarks, service marks, product names or trade dress, please contact us at the address below.
11. Before you can make use of certain services associated with this site, you must register as a user and create a user account. You agree and warrant that all information you provide to us through this site, including but not limited to any contact information and other registration information for your account, is truthful and accurate. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your account information, including but not limited to any changes to your email address.
12. You agree to accept responsibility for all activities that occur under your account. You agree not to disclose your account password to others, and you agree to notify us immediately of any unauthorized use of your account. We are neither responsible for nor liable for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.
13. By creating an account with BOOMEROOM, you consent to receive communications from us electronically via the email address associated with your account, or via whatever other pre-approved contact method, with which we agree to in writing in advance, that you may utilize to communicate with us. Although you can opt not to receive promotional messages, we retain the right to send you informational email messages about your account or administrative notices regarding the site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).
Submission of Content and User Activity
14. From time to time, we may make available on this site services, features or sections that allow users to post or upload materials to the site or to our servers. You understand that all information, communications, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not BOOMEROOM, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the site or any associated services.
15. You represent and warrant that you own or otherwise control all the rights to any Content that you upload, transmit or otherwise make available through the site; that use of the Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of the Content you provide will not cause injury to any person or entity. In line with, and without limiting, the foregoing, you specifically agree that you will not (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) provide any Content that contains software viruses or other harmful devices; or (e) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide. You agree that you will indemnify BOOMEROOM or its affiliates for all claims resulting from or related to Content you post or submit.
16. You grant the following license with respect to any and all Content you post or submit to this site: you hereby expressly grant to BOOMEROOM a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense or otherwise distribute and display the Content and any ideas, concepts, know-how or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content. For informational purposes, we note that the uses to which we may put the information or Content you provide include, but are not limited to, reproduction and use in any and all media whether now known or hereafter devised; publication of the Content or a derivative thereof for promotional, marketing and advertising purposes, and use in the development and manufacture of products.
17. We do not control the Content delivered via the site by you or other users, and, as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the site.
18. The opinions expressed in postings or other Content on this site are not necessarily those of BOOMEROOM or its content providers, advertisers, sponsors, affiliated or related entities. We make no representations or warranties regarding any information or opinions posted to or otherwise included on or transmitted through the site. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content or determine whether the Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
19. We do not and are not obligated to regularly review, monitor, delete or edit the Content of the site as posted by users. However, we reserve the right to do so at any time in our sole discretion, for any reason or no reason, and to edit or delete any posting or submission, in whole or in part, with or without notice. We are not responsible or liable for damages of any kind arising from any Content, or from our alteration or deletion of any Content, even when we are advised of the possibility of such damages.
20. You acknowledge, consent and agree that BOOMEROOM may access, preserve and disclose your account information and any Content you submit if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of BOOMEROOM, its affiliates, its personnel, other users and the public.
Site Promotions and Transactions
21. We are not responsible for typographical or other errors or omissions regarding products, prices or other information provided on this site. All product sales and promotions are subject to the terms of this Agreement, in addition to any other terms that may apply. Promotional offers and prices are available for a limited time as specified on the site. Prices and promotions are subject to change without prior notice, and inventory and availability are subject to change.
22. The posting of prices on this site is not an offer for sale of goods, and the order confirmation is not an acceptance of an offer to purchase goods. We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping and/or delivery process depending upon the nature of the item (a tangible good vs. an item delivered through electronic means). Despite our best efforts, some items shown on this site may be mispriced. If an item’s correct price is higher than our advertised price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. The contract for sale of goods between us and any customer is not entered into until we charge a valid credit card or otherwise accept payment.
23. Depending on your location, items purchased from this site may be subject to tax at the appropriate state and local rate. Applicable taxes will be displayed during the ordering process.
24. All items purchased from us from this site are made pursuant to a shipment and/or delivery (depending upon the nature of the item—a tangible good vs. an item delivered through electronic means) contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Additionally, we are not responsible in any way whatsoever for any items sold or traded between or among users of this site, such as items discussed through message boards or posts in the nature of online classified advertisements or otherwise.
25. From time to time, we may offer and/or co-sponsor contests, sweepstakes, games, or other similar promotions via this site. Each of these activities shall be governed by specific rules accessible from the site in connection with the promotion.
Links to Third Party Sites Provided by Us
26. From time to time, we may provide links to other internet sites or resources via this site, and other sites may link to this site. We have not reviewed the accuracy of the content of any linked third party site. No endorsement of any such linked third party site is made, either express or implied. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we 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 use of or reliance on any content, goods or services available on or through any such site or resource. Use of such links is at your own risk.
27. To the extent applicable, software from this site is subject to United States Export Controls. No software from this site may be downloaded or exported (i) into, or to a national or resident of, any other country to which the United States has embargoed goods; or (ii) to anyone to the United States Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.
Disclaimer of Warranties; Indemnification; Resolution of Disputes
28. BOOMEROOM provides this site and the associated services in connection with one or more affiliated companies and third party agents. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify BOOMEROOM, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies and agents.
29. THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY BOOMEROOM ON AN “AS IS” AND “AS AVAILABLE” BASIS. BOOMEROOM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BOOMEROOM DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, BOOMEROOM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT ANY DISCLOSURES ON THIS SITE SATISFY GOVERNMENT REGULATIONS REGARDING THE DISCLOSURE OF INFORMATION RELATED TO CERTAIN PRODUCTS. BOOMEROOM IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE.
30. BY USING THE BOOMEROOM SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. BOOMEROOM DOES NOT WARRANT OR GUARANTEE THAT ITS SITE, SERVERS OR E-MAILS SENT BY OR ON BEHALF OF BOOMEROOM ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, BOOMEROOM DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND BOOMEROOM, OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
31. BOOMEROOM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF BOOMEROOM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, BOOMEROOM WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON BOOMEROOM’S COMPUTERS AND/OR SERVERS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BOOMEROOM, ITS SUBSIDIARIES OR AFFILIATES — WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY — ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE LESSER OF $5, OR THE TOTAL AMOUNT YOU PAID TO BOOMEROOM.
YOU SPECIFICALLY ACKNOWLEDGE THAT BOOMEROOM SHALL NOT BE LIABLE FOR CONTENT OF OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING LIES ENTIRELY WITH YOU.
32. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
33. You agree to indemnify, defend and hold harmless BOOMEROOM, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this site and the services provided in connection with the site, or your breach of any provision of this Agreement or any warranty provided hereunder.
34. You agree that if you are dissatisfied with the site or any services offered in connection with the site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against BOOMEROOM with respect to this Agreement or the site, your sole and exclusive remedy is to discontinue using the site and any services offered in connection with the site.
35. This site is created and maintained by BOOMEROOM in the State of Florida. We make no representation that the site or any of its content is appropriate or available for use outside the United States of America, and access to the site from territories where the content is illegal is prohibited. You agree that you are solely responsible for compliance with applicable local laws connected with your use of this site.
36. You agree that the laws of the State of Florida, without giving effect to any principles of conflicts of laws, will govern this Agreement and any dispute of any sort that may arise between you and BOOMEROOM or its affiliates. Regardless of where you access this site, you agree that any action or proceeding arising out of this Agreement or your use of the BOOMEROOM site, whether at law or in equity, must be brought in the state or federal courts serving Broward County, Florida, and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
37. You are solely responsible for your interactions with other members that use this site. We reserve the right, but have no obligation, to monitor disputes between you and other users of this site.
Copyright Infringement Claims
38. BOOMEROOM respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. BOOMEROOM reserves the right to remove access to infringing material posted to its site. Such actions do not affect or modify any other rights BOOMEROOM may have under law or contract.
If you believe that any portion of the material contained on this site infringes your copyright, notify BOOMEROOM of your claim in accordance with the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).
Written Notification must be submitted to this site’s Designated Agent in the Contact Information listed below.
To be effective, the Notification must be in writing and contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information outlined above, BOOMEROOM will:
- Remove or disable access to the material that is alleged to be infringing;
- Forward the written notification to such alleged infringer;
- Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
A Counter Notification will be effective if in writing, provided to the Designated Agent, and including substantially the following:
- A physical or electronic signature of the alleged infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to jurisdiction of Federal District Court for the judicial district in which the address is located or, if outside of the United States, for any judicial district in which BOOMEROOM may be found, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person.
Upon receipt of a Counter Notification containing the information outlined above, BOOMEROOM will:
- Promptly provide the complaining party with a copy of the Counter Notification;
- Inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided BOOMEROOM’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on BOOMEROOM’s network or system.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
39. This Agreement represents the entire understanding between the parties regarding your use of the site, and supersedes all other agreements, express or implied, between them. This Agreement shall not be modified except as provided for herein or except in writing, signed by an authorized representative of BOOMEROOM. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. BOOMEROOM’s failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
42. Any rights not expressly granted herein are reserved.
If you have any questions or suggestions regarding these terms and conditions or wish to contact the Designated Agent, please contact us at:
10520 NW 10th Street
Plantation, Florida 33322